- 1 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2499 OF 2026 (MV-D) BETWEEN: THE BRANCH MANAGER LIBERTY GENERAL INSURANCE COMPANY LTD., (FORMERLY KNOWN AS LIBERTY GENERAL INSURANCE CO., LTD.,) NO. 1, ALYSSA, 1ST FLOOR, REAR PORTION, OLD NO. 28, NEW NO. 23, RICHMOND ROAD, BENGALURU PRESENTLY HAVING ITS OFFICE THE LAND MARK, 4TH FLOOR, NO.21/15, MG ROAD, NEAR TRINITY METRO, BENGALURU- 560 001 …APPELLANT (BY SRI. RAVI SHANKAR S SAMPRATHI., ADVOCATE) AND: 1. SMT. PUTTANANJAMMA W/O LATE CHIKKANNA, AGED ABOUT 64 YEARS 2. SMT. MANJULA W/O LATE H.M. RAJU AND D/O LATE CHIKKANNA AGED ABOUT 45 YEARS R/AT JAI BHEEMNAGARA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 1ST STAGE, BANNUR TOWN, T. NARASIMPURA TALUK NOW R/AT NADAKALAPURA VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 3. SRI. MAHESHA N.M. S/O LATE CHIKKANNA, AGED ABOUT 41 YEARS RESPONDENT NO. 1 AND 3 ARE R/AT NADAKALAPURA VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT 4. SMT. LAKSHMAMMA, W/O SRINIVAS, MAJOR IN AGE, R/AT KOONANAPURA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT …RESPONDENTS (BY SRI. SREENIVASAN M Y., ADVOCATE FOR R1TO R3 V/O DATED 10.04.2026, NOTICE TO R4 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 13/10/2025 PASSED IN MVC NO. 1127/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, AT MALAVALLI, PARTLY ALLOWING COMPENSATION OF RS.8,27,663/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 3 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant-Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 13.10.2025 passed in MVC No.1127/2021 on the file of the Senior Civil Judge and MACT, Malavalli. 2. Heard the arguments of both sides. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. Brief facts of the case are that one Sri. Chikkanna, met with an accident on 05.08.2021 and died subsequently. The claimants being his wife and children, filed a claim petition claiming compensation of Rs.46,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.8,27,663/- - 4 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 with interest at the rate of 9% per annum from the date of petition till its realisation. Being aggrieved by the said order, the Insurance Company has preferred this appeal and mainly contended that the Tribunal has granted interest at 9% and it is to be reduced. It is further stated that the Tribunal has granted Rs.50,000/- towards loss of love and affection and Rs.5,000/- towards transportation of the dead body, which is contrary to law. Therefore, the appellant has requested for reduction of the compensation. 4. There is no dispute regarding the compensation awarded by the Tribunal towards loss of dependency to the extent of Rs.6,00,000/- and the said amount is confirmed. The Tribunal has also granted Rs.44,000/ towards spousal consortium to petitioner No.1 and Rs.88,000/- towards parental consortium (Rs.44,000/- each to petitioner Nos.2 and 3). Further, a sum of Rs.33,000/- is granted towards conventional heads and also granted Rs.7,663/- towards medical expenses and the said amounts are confirmed. The Tribunal has granted - 5 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 Rs.50,000/- towards loss of love and affection and Rs.5,000/- towards transportation of the dead body and these amounts are to be deleted. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the compensation granted by the Tribunal is reduced from Rs.8,27,663/- to Rs.7,72,663/-. 7. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Loss of dependency 6,00,000 2 Loss of estate 16,500 3 Funeral Expenses 16,500 4. Loss of spousal consortium to petitioner No.1 44,000 5. Loss of Parental consortium to petitioner Nos.2 and 3 (Rs.44,000/- each) 88,000 6. Medical expenses 7,663 Total 7,72,663 - 6 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 ORDER i) Appeal is allowed in part. ii) The judgment and award dated 13.10.2025 passed in MVC No.1127/2021 on the file of the learned Senior Civil Judge and MACT, Malavalli is modified. iii) The claimants are entitled to a sum of Rs.7,72,663/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,27,663/- granted by the Tribunal. iv) The appellant-Insurance Company has already deposited the statutory amount of Rs.25,000/-. Therefore, Insurance Company is directed to deposit the balance compensation amount along with interest at the rate of 6% per annum within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:20289 MFA No. 2499 of 2026 v) On such deposit, the claimants are permitted to withdraw the entire amount along with the interest accrued on the same as per the apportionment made by the Tribunal. vi) The statutory amount deposited by the appellant-Insurance company shall be transferred to the MACT. vii) I.A.No.2/2026 is closed in view of the disposal of the main appeal. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 35