- 1 - HC-KAR NC: 2026:KHC-D:777 MFA No. 100141 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.100141 OF 2022 (MV-D) BETWEEN: UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY THE BRANCH MANAGER, MALLIGERI COMPLEX, BAGALKOT, BY ITS DIVISIONAL MANAGER. …APPELLANT (BY SRI. RAVINDRA R.MANE, ADVOCATE) AND: 1. SRI. NAVEEN S/O. SRIPADA VEERAPUR, AGE. 21 YEARS, OCC. STUDENT, R/O. NEAR BANASHANKARI TEMPLE, SALPET, ILKAL, DIST. BAGALKOT-587125. 2. SRI. SHANKARAPPA S/O. VEERASANGAPPA MAGI, AGE. 49 YEARS, OCC. OWNER OF VEHICLE BEARING NO.KA-29/N-2846, R/O. NO.172, SALPETH, ILKAL, DIST. BAGALKOT-587125. (OWNER OF CAR NO.KA-29/N-2846) …RESPONDENTS (BY SRI. PRAKASH HOSAMANE, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY REDUCING THE AMOUNT OF COMPENSATION APPROPRIATELY AND BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 11.06.2021 PASSED IN MVC NO.309/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL- X, HUNGUND AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:777 MFA No. 100141 of 2022 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 passed in MVC No.309/2019 dated 11.06.2021 by the learned Senior Civil Judge and Member, MACT-X, Hungund, 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 16.12.2018. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Loss of dependency : Rs. 14,87,200/- 2. Conveyance : Rs. 10,000/- 3. Funeral expenses : Rs. 15,000/- 4. Loss of estate : Rs. 15,000/- 5. Loss of love & affection : Rs. 20,000/- TOTAL : Rs. 15,47,200/- - 3 - HC-KAR NC: 2026:KHC-D:777 MFA No. 100141 of 2022 3. Learned counsel appearing for the appellant/insurance company submits that the claimant is the son of the deceased, the Tribunal instead of deducting 50%, had deducted 1/3rd towards personal expenses. It is submitted that the deceased was aged about 49 years, but the Tribunal had taken future prospects at 30% instead of 25%. He further submits that the interest is granted at 7% instead of 6%. Hence, the compensation needs to be reduced on all these grounds. 4. Learned counsel appearing for the respondent/claimant submits that the deceased is a married person, as such, the Tribunal had rightly deducted 1/3rd towards personal expenses of the deceased. It is further submitted that if the Court is re-appreciating the quantum, this Court may take the income at Rs11,750/- per month as per the chart prepared by the Karnataka State Legal Services Authority. It is submitted that on all other counts, the compensation awarded by the Tribunal is just and reasonable, and no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. The first contention with regard - 4 - HC-KAR NC: 2026:KHC-D:777 MFA No. 100141 of 2022 to the interest, the Tribunal ought to have granted the interest at 6% instead of 7%. Then coming to the loss of dependency, the Tribunal had taken the income of the deceased at Rs.11,000/-. Though there is no appeal by the claimant and as this Court is re-appreciating the quantum, this Court is taking the income at Rs.11,750/- as per the table prepared by the Karnataka State Legal Services Authority. The Tribunal had taken the future prospects at 30% instead of 25%, as the deceased was aged about 49 years. The future prospects at 25% comes to Rs.2,937/-. Then the income comes to Rs.14,687/-. As rightly contended by the learned counsel for the insurance company, 50% has to be directed towards personal expenses of the deceased. After deducting the same, it comes to 7,343/-. Accordingly, the loss of dependency reckons at Rs.11,45,508/- (Rs.7,343 x12x13). Then coming to the loss of consortium, this Court is awarding an amount of Rs.48,000/-. Further, this Court is granting an amount of Rs.36,000/- towards funeral expenses. 6. The claimant is therefore entitled to the compensation under the following heads: - 5 - HC-KAR NC: 2026:KHC-D:777 MFA No. 100141 of 2022 Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 14,87,200/- 11,45,508/- 2. Funeral expenses & loss of estate : Rs. 30,000/- 36,000/- 3. Loss of consortium : Rs. 00/- 48,000/- 4. Conveyance : Rs. 10,000/- 00/- 5. Loss of love & affection : Rs. 20,000/- 00/- TOTAL : Rs. 15,47,200/- 12,29,508/- 7. Accordingly, the appeal filed by the insurance company is partly allowed by reducing the compensation from an amount of Rs.15,47,200/- to Rs.12,29,508/-. 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. - 6 - HC-KAR NC: 2026:KHC-D:777 MFA No. 100141 of 2022 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.: 23