- 1 - HC-KAR NC: 2026:KHC-D:778 MFA No. 100715 of 2022 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.100715 OF 2022 (MV-D) BETWEEN: THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., STATION ROAD, HOSAPETE, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. RAJASHEKHAR S.ARANI, ADVOCATE) AND: 1. HULGAPPA S/O. PARUSAPPA, AGE. 26 YEARS, OCC. R/O. BANDIHALLI VILLAGE, H.B. HALLI TALUK, BALLARI DIST-583212. 2. SURESHA S/O. PARUSAPPA, AGE. 22 YEARS, R/O. BANDIHALLI VILLAGE, H.B. HALLI TALUK, BALLARI DIST-583212. 3. ABHIMANYAPPA S/O. PARUSAPPA, AGE. 24 YEARS, RIDER OF MOTORCYCLE BEARING NO.KA-35/Y-2640, R/O. BANDIHALLI VILLAGE, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:778 MFA No. 100715 of 2022 H.B. HALLI TALUK, BALLARI DIST-583212. 4. PARUSAPPA S/O. HULUGAPPA AGE. 50 YEARS, OCC. OWNER OF MOTORCYCLE BEARING NO.KA-35/Y-2640, R/O. BANDIHALLI VILLAGE, H.B. HALLI TALUK, BALLARI DIST-583212. …RESPONDENTS (BY SRI. HANUMESHA M.DESAI, ADVOCATE FOR R1 AND R2; NOTICE TO R3 AND R4 ARE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL AND SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 22.07.2021 PASSED IN MVC NO.645/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENTS CLAIMS TRIBUNAL-XIII, AT HAGARIBOMMANAHALLI WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:778 MFA No. 100715 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC No.645/2019 dated 22.07.2021 by the learned Senior Civil Judge and MACT-XIII, Hagaribommanahalli, the insurance company is before this Court questioning 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 25.01.2014. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 13,44,060/- 2. Loss of love & affection : Rs. 30,000/- 3. Funeral expenses : Rs. 15,000/- 4. Loss of estate : Rs. 15,000/- 5. Loss of consortium : Rs. 40,000/- TOTAL : Rs. 14,44,060/- 3. Learned counsel appearing for the appellant/insurance company submits that the accident had taken place in the year 2014, the Tribunal had taken the income of the deceased at Rs.8,000/-, however, it ought to have taken at Rs.7,500/-. It is submitted that the major sons are not - 4 - HC-KAR NC: 2026:KHC-D:778 MFA No. 100715 of 2022 entitled for compensation under the head of loss of dependency, as they cannot be treated as dependants. He further submits that the Tribunal had granted rate of interest at 8% instead of 6%. On all these counts, the compensation needs to be reduced. 4. Learned counsel appearing for the respondents/claimants submits that though the sons of the deceased are major, still they were dependent upon the deceased, this aspect was rightly considered by the Tribunal. He further submits that the Tribunal had granted a just and reasonable compensation and hence, no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. The first contention with regard to the interest, the Tribunal ought to have granted the interest at 6% instead of 8%. Then coming to the loss of dependency, since the accident is of the year 2014, this Court is taking the income at Rs.7,500/- basing on the table prepared by the Karnataka State Legal Services Authority. The age of the deceased was 38 years, hence, 40% future prospects has to be added, which comes to Rs.3,000/-. Then the income comes to Rs.10,500/-. The major sons are to be considered as the dependants, in the light of the law laid down by the Hon'ble Apex Court in the case - 5 - HC-KAR NC: 2026:KHC-D:778 MFA No. 100715 of 2022 of Seema Rani and Others Vs. Oriental Insurance Company Limited and Others1, wherein the Hon’ble Apex Court had considered that the major son and daughter are the dependents of the deceased. Hence, the Tribunal had rightly deducted 1/3rd towards personal expenses. Then 1/3rd of Rs.10,500/- comes to Rs.3,500/-. After deducting the same, the income comes to Rs.7,000/- per month. Accordingly, loss of dependency works out to an amount of Rs.12,60,000/- (Rs.7,000 x12x15). Then coming to the loss of consortium, this Court is awarding an amount of Rs.96,000/- (Rs.48,000 x 2) and an amount of Rs.36,000/- towards funeral expenses. 6. The claimant is therefore entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 13,44,060/- 12,60,000/- 2. Funeral expenses & loss of estate : Rs. 30,000/- 36,000/- 3. Loss of consortium : Rs. 40,000/- 96,000/- 4. Loss of love & affection : Rs. 30,000/- 00/- TOTAL : Rs. 14,44,060/- 13,92,000/- 1 2025 INSC 192 - 6 - HC-KAR NC: 2026:KHC-D:778 MFA No. 100715 of 2022 7. Accordingly, the appeal filed by the insurance company is partly allowed by reducing the compensation from an amount of Rs.14,44,060/- to Rs.13,92,000/-. 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. 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.: 25