- 1 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 3664 OF 2017 (MV-D) C/W MFA CROSS OBJECTION NO. 5 OF 2019 (MV-D) IN MFA No. 3664/2017: BETWEEN: THE DIVISIONAL MANAGER UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD DIVISIONAL OFFICE, UNIT 401, 4TH FLOOR, SANGAM COMPLEX, 127, ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI – 400 059. NOW REPRESENTED BY ITS MANAGER …APPELLANT (BY SRI.B PRADEEP.,ADVOCATE) AND: 1. SOWBAGYAMMA , W/O LATE NAGARAJAPPA, NOW AGED ABOUT 53 YEARS, 2. MANJANNA S/O LATE NAGARAJAPPA, NOW AGED ABOUT 33 YEARS, BOTH ARE R/O NO.57, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 NAYAKANAHATTI, JANAKAL, HOSADURGA TALUK, CHITRADURGA DISTRICT. NOW R/O PILLEKERENAHALLI VILLAGE, IN JAYAMMA’S FARM HOUSE, CHITRADURGA. 3. KUTUKOURI BUCHIREDDY, S/O K LAKSHMA REDDY, OWNER OF LORRY BEARING REG NO AP - 29-AW 4824 R/O 1-10-64/12, CHAKRIPURAM, KUSHAIGUDA, KEESARA (M), RANGAREDDY DIST, ANDHRA PRADESH STATE – 500 018. …RESPONDENTS (BY SRI. B PRAMOD.,ADVOCATE FOR R1 & R2; SRI. K B CHANDRASHEKARA SWAMY., ADVOCATE FOR R3) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED27.09.2016 PASSED IN MVC NO.552/2014 ON THE FILE OF THE IST SENIOR CIVIL JUDGE AND IVTH MACT AT CHITRADURGA, AWARDING COMPENSATION OF RS.8,53,164/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA.CROB NO. 5/2019: BETWEEN: 1. SMT. SOWBAGYAMMA, W/O LATE NAGARAJAPPA, AGED ABOUT 55 YEARS, 2. SRI. MANJANNA, S/O LATE NAGARAJAPPA, AGED ABOUT 35 YEARS, BOTH ARE R/O 57, NAYAKANAHATTI, JANAKAL, HOSADURGA TALUK, CHITRDURGA DISTRICT. NOW R/O PILLEKERNAHALLI VILLAGE - 3 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 IN JAYANNA’S FARM HOUSE, CHITRADURGA-577 501. ...CROSS OBJECTORS (BY SRI. B PRAMOD.,ADVOCATE) AND: 1. KUTUKOURI BUCHIREDDY OWNER OF LORRY BEARING REG NO.AP 29 AW 4824 R/O 1-10-64/12, CHAKRIPURAM, KUSHAIGUDA, KEESARA (M) RANGAREDDY DISTRICT, ANDRA PRADESH STATE-500 018. 2. THE DIVISIONAL MANAGER UNIVERSAL SOMPO GENERAL INSURANCE CO DIVISIONAL OFFICE, UNIOT 401, 4TH FLOOR, SANGAM COMPLEX 127, ANDHERI KKURLA ROAD, ANDHERI (EAST), MUMBAI-400 059. ...RESPONDENTS (BY SRI.CHANDRASHEKARA SWAMY.,ADVOCATE FOR R1; SRI.B PRADEEP., ADVOCATE FOR R2) THIS MFA.CROB IN MFA NO. 3664/2017 FILED UNDER ORDER 41 RULE 22 OF THE CPC, READ WITH SECTION 173(1) OF M.V.ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.09.2016 PASSED IN MVC NO.552/2014 ON THE FILE OF THE 1ST SENIOR CIVIL JUDGE AND IVTH MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND THIS MFA.CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 ORAL JUDGMENT Aggrieved by the award passed in MVC No.552/2014 by the I Senior Civil Judge & IV MACT at Chitradurga, dated 27.09.2016, both the claimants as well as the insurance company are before this Court. The insurance company has filed MFA No.3664/2017 and the claimants have filed MFA CROB No.5/2019. 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Loss of dependency : Rs. 5,38,164/- 2. Funeral and obsequies : Rs. 10,000/- 3. Transportation : Rs. 5,000/- 4. Loss of consortium : Rs. 1,00,000/- 5. Love and affection to petitioner No.2 : Rs. 1,00,000/- 6. Love and affection to petitioner No.1 : Rs. 1,00,000/- TOTAL : Rs. 8,53,164/- - 5 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 3. Learned counsel appearing for appellant/insurance company submits that there is no rash and negligent driving on the part of the driver of borewell lorry and in that case when there is no negligence, the insurance company is not liable to pay the compensation. It is submitted that the owner of the vehicle does not accept the relationship with the deceased. It is submitted that the compensation that is awarded by the tribunal is on the higher side. Future prospects are taken at 15%. Even on the other conventional heads also the amount that is awarded by the tribunal is on the higher side. The Tribunal ought to have awarded interest at 6%, instead of 8%. 4. Learned counsel appearing for the respondents/claimants submits that, the tribunal has rightly considered the aspect of negligence. It is submitted that the use of vehicle itself is sufficient. Further, the owner of the vehicle has never denied the relationship. He stated that as the vehicle is insured with the appellant/insurance company, the insurance company is liable to pay the compensation. It is submitted that the tribunal ought to have taken the income at Rs.8,500/- as the accident had taken place in the year 2014. - 6 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 But the Tribunal had taken the income at Rs.6,500/-. Hence, compensation needs to be enhanced. 5. Having heard the learned counsels on either side, perused the entire material on record. First coming to the submission of the learned counsel for the appellant with regard to the negligence is concerned for claiming the compensation under the provisions in the Act, involvement of the vehicle is sufficient when the vehicle is used for digging the borewell, while digging the same as it pipes fell on the deceased, he died. In those circumstances, this Court is of the view that as the vehicle is insured with the insurance company, insurance company is liable to pay the compensation. 6. Then coming to the aspect of compensation, accident had taken place in the year 2014, this Court is taking the income at Rs.8,500/-. The deceased is aged about 60 years, therefore he is not entitled for future prospects. As there are two dependents, 1/3rd has to be deducted i.e. Rs.2,833/. Then the contribution to the family would be an amount of Rs.5,667/- per month. Hence, loss of dependency would comes to Rs.6,12,036/- (Rs.5,667x12x9). Towards consortium this Cour is granting an amount of Rs.96,000/- (48,000x2). - 7 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 Towards Funeral expenses this Court is granting an amount of Rs.36,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 5,38,164/- 6,12,036/- 2. Funeral and obsequies : Rs. 10,000/- 36,000/- 3. Transportation : Rs. 5,000/- 00/- 4. Loss of consortium : Rs. 1,00,000/- 96,000/- 5. Love and affection to petitioner No.2 : Rs. 1,00,000/- 00/- 6. Love and affection to petitioner No.1 : Rs. 1,00,000/- 00/- 5. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 8,53,164/- 7,54,036/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 9. Altogether, the claimants are entitled for compensation of an amount of Rs.7,54,036/-. 10. Accordingly, the appeal of the insurance company is partly allowed by reducing the compensation from an amount of Rs.8,53,164/- to Rs.7,54,036/- and interest from 8% p.a. to 6% p.a. 11. Accordingly, cross-objection filed by claimants is dismissed. i. The compensation amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the award passed by the Tribunal. iii. The amount in deposit shall be forthwith transferred to the Tribunal. iv. The respondent - insurance company 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 amount as per the award. - 9 - HC-KAR NC: 2026:KHC:20239 MFA No. 3664 of 2017 C/W MFA.CROB No. 5 of 2019 v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 6