- 1 - HC-KAR NC: 2026:KHC:8695 MFA No. 7478 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7478 OF 2016 (MV-D) BETWEEN: M/S ORIENTAL INSURANCE COMPANY LIMITED CORPORATE OFFICE ORIENTAL HOME POST NO.7037, A.25/27 ASIF ALI ROAD NEW DELHI-110002 NOW REP BY ITS REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX RESIDENCY ROAD BENGALURU-560025 REP. BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. A M VENKATESH., ADVOCATE) AND: 1. SRI R GANGADHAR S/O RANGAPPA AGED ABOUT 51 YEARS SINCE DEAD BY LR'S RESPONDEDNT NO.2 IS THE LEGAL REPRESENTATIVE OF THE DECEASED AS PER THE COURT ORDER DATED 11.03.2022. 2. SMT B R YASHODHA W/O R GANGADHAR AGED ABOUT 44 YEARS BOTH ARE R/O KASABA HOSAHALLI THAGGIGUPPE POST Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8695 MFA No. 7478 of 2016 MAGADI TALUK RAMNAGARA DISTRICT-571 511. 3. SRI NAGENDRA PRASAD N R S/O REVANNA M/S S R S MOTOR SERVICE NO.73, NEAR RAILWAY STATION GANDHINAGAR, TUMKUR-572 101. …RESPONDENTS (BY SRI. L.P. SURESH., ADVOCATE FOR R2(ABSENT), SRI. A.S. PARASARA KUMAR, ADVOCATE FOR R3(ABSENT), V/O DTD:11.03.2022 R2 TREATED AS LR'S OF R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.06.2016 PASSED IN MVC NO.69/2014 (OLD NO.465/2010) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MAGADI, AWARDING COMPENSATION OF RS.12,64,800/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL COMING ON FOR FINAL HEARING 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/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 16.06.2016 passed in MVC NO.69/2014 (OLD NO.465/2010) on the file of Senior Civil Judge and JMFC, Magadi. 2. Heard learned counsel for appellant. Learned counsel for respondent remained absent. The ranks of the - 3 - HC-KAR NC: 2026:KHC:8695 MFA No. 7478 of 2016 parties are retained as per tribunal for the sake of convenience. 3. One G.Geluvesha met with an accident on 21.12.2009 and died subsequently. His parents filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.12,64,800/- along with interest at the rate 8% p.a. from the date of petition till deposit. 4. Aggrieved by the said order, Insurance Company preferred an appeal and mainly contended that rate of interest granted is excessive and it is to be granted at the rate of 6%. It is also stated that the income is to be taken as per the guidelines of Karnataka State Legal Services Authority. As the accident occurred in the year 2009 and Tribunal has taken his income as Rs.6,000/- per month. As he met with an accident in the year 2009 his income is to be taken as Rs.5,000/- per month and he was a bachelor but the Tribunal deducted 1/3rd towards personal expenses instead of deducting 50%. As he was aged 22 years future - 4 - HC-KAR NC: 2026:KHC:8695 MFA No. 7478 of 2016 prospects is to be taken as 40% but the tribunal has taken 30% and thus requested for modification of the order. It is stated that Geluvesha was working in the Bar And Restaurant and earning Rs.6,000/- per month. But he has not filed any income proof. As he met with an accident in the year 2009, his notional income is to be taken as Rs.5,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 22 years as per Ex.P5, he was aged 23 years and the multiplier taken is 18 and he is entitled for 40% towards future prospects and 50% is to be deducted towards personal expenses. Loss of dependency comes to Rs.7,000 (5000+40%) x 12 x 18 - 50% = Rs.7,56,000/-. Parents filed this application, therefore each of them are entitled for an amount of Rs.40,000/- towards filial consortium and are also entitled for Rs.30,000/- under the conventional heads. 5. Thus in all, components awarded by this court are as below, - 5 - HC-KAR NC: 2026:KHC:8695 MFA No. 7478 of 2016 Hence, the compensation granted by tribunal is reduced from Rs.12,64,800/- to Rs.9,22,600/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 16.06.2016 passed in MVC NO.69/2014 (OLD NO.465/2010) on the file of Senior Civil Judge and JMFC, Magadi, is modified. iii. The claimants are entitled to a sum of Rs.9,22,600/- along with interest at 6% p.a., from the date of petition till the date Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 7,56,000 2 Towards loss of consortium (2 claimants) 80,000 3 Conventional heads 30,000 4 Medical expenses 56,600 Total 9,22,600 - 6 - HC-KAR NC: 2026:KHC:8695 MFA No. 7478 of 2016 of realization, instead of Rs. 12,64,800/- granted by the tribunal. iv. Insurance Company has already deposited 50% of the compensation and they are directed to deposit the balance compensation along with interest within one month from the date of this order v. During the pendency of the appeal, The father of the deceased, father of the deceased i.e. first petitioner died. Therefore second petitioner, mother of the deceased is permitted to withdraw the entire amount along with interest accrued on it. vi. Amount in deposit is to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 88