- 1 - HC-KAR NC: 2026:KHC-D:774 MFA No. 101047 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101047 OF 2021 (MV-D) BETWEEN: DIVISIONAL MANAGER, NWKRTC BELAGAVI, THROUGH THE DEPOT MANAGER, KSRTC, SAUNDATTI DEPOT, DISTRICT BELAGAVI, REP. BY DULY CONSTITUTED AUTHORITY, CHIEF LAW OFFICER, NWKRTC CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: SRI. NINGAPPA S/O. FAKKIRAPP BILAGI, AGE. 43 YEARS, OCC. COOLIE, R/O. BAILHONGAL, TAL. BAILHONGAL, (NOW RESIDING AT MURAGOD, TAL. SAUNDATTI, DIST. BELAGAVI – 591119) …RESPONDENT (BY SRI. GURURAJ R.TURAMARI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 19.11.2020 PASSED IN MVC NO.1739/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI, BY ALLOWING THIS APPEAL WITH COST AND ETC.,. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:774 MFA No. 101047 of 2021 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award dated 19.11.2020 passed in MVC No.1739/2018 by the learned Prl. Senior Civil Judge and Addl. MACT, Saundatti, the insurance company is before this Court challenging the quantum of compensation. 2. The claim petition is filed seeking compensation for the death of the deceased in the road traffic accident that took place on 23.09.2017. It is the case of the claimant that the deceased was his sister and she remained as a spinster during her lifetime. It is his case that the dependency was constituted among him and the deceased during her lifetime. The Tribunal had considered the dependency taking the income at Rs.10,000/- per month by deducting 50% towards personal expenses, and had granted compensation as per the table given below: - 3 - HC-KAR NC: 2026:KHC-D:774 MFA No. 101047 of 2021 Heads Compensation Awarded 1. Loss of dependency : Rs. 4,20,000/- 2. Loss of estate : Rs. 20,000/- 3. Funeral expenses : Rs. 15,000/- 4. Loss of love and affection : Rs. 40,000/- TOTAL : Rs. 4,95,000/- 3. Learned counsel appearing for the insurance company submits the deceased is aged about 63 years and the claimant is her brother, who is aged about 40 years and he cannot be considered as a dependent of the deceased. The Tribunal without considering all these aspects, had granted the compensation. 4. Learned counsel appearing for the respondent/claimant submits that in fact the claimant is dependent upon the deceased. Considering this aspect, the Tribunal had rightly granted the compensation and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the deceased was aged about 63 years and as per the cause title, the claimant is aged about 40 years, just because the deceased - 4 - HC-KAR NC: 2026:KHC-D:774 MFA No. 101047 of 2021 had executed a Gift Deed in his favour, it will not make him as a dependent of the deceased. As such, this Court is not inclined to consider him as a dependent and as per the law laid down by this Court in the case of A. Manavalagan Vs. A Krishnamurthy and others1, the claimant is entitled for the ‘loss of estate’ to an extent of 1/4th. The accident took place in the year 2017. Considering the income at Rs.10,250/- per month, 1/4th comes to Rs.2,562.5/- (10,250 x ¼) and under the head of loss of estate, the claimant is entitled for an amount of Rs.2,15,250/- (Rs.2,562.5 x 12 x 7). Then coming to the loss of consortium, this Court is awarding Rs.48,000/- and an amount of Rs.36,000/- towards funeral expenses. 6. In the light of the law laid down by the Hon'ble Apex Court in the case of V.Mekala Vs. M. Malathi And Another2, the claimants would be entitled for an amount of Rs.10,000/- towards Legal Expenses. 7. The claimant is therefore entitled to the compensation under the following heads: 1 ILR 2004 KAR 3268 2 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2026:KHC-D:774 MFA No. 101047 of 2021 Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 4,20,000/- 00/- 2. Funeral expenses : Rs. 15,000/- 36,000/- 3. Loss of consortium : Rs. 00/- 48,000/- 4. Legal expenses : Rs. 00/- 10,000/- 5. Loss of estate : Rs. 20,000/- 2,15,250/- 6. Loss of love & affection : Rs. 40,000/- 00/- TOTAL : Rs. 4,95,000/- 3,09,250/- 8. Accordingly, the appeal filed by the insurance company is partly allowed by reducing the compensation from an amount of Rs.4,95,000/- to Rs.3,09,250/-. i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The appellant-Insurer shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security as per the conditions laid down in the award. - 6 - HC-KAR NC: 2026:KHC-D:774 MFA No. 101047 of 2021 iv. Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 18