- 1 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 6350 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1220 OF 2023 (MV-D) IN MFA No. 6350/2022 BETWEEN: M/S. UNITED INDIA INSURANCE CO. LTD. T.P. HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, BANGALORE-560 027. REP. BY ITS DEPUTY MANAGER. …APPELLANT (BY SRI. B. PRADEEP, ADVOCATE FOR SRI. JANARDHAN REDDY, ADVOCATE) AND: 1. KIRAN KUMAR E.S. S/O LATE THEERTHAMAIAH, AGED ABOUT 40 YEARS, 2. KUMARI S. KRISHNA SASWATHA KEERTHI D/O SRI. KIRAN KUMAR E.S. AGED ABOUT 10 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 3. KUMARI ESSA LAXMI KARTHEEKA D/O SRI. KIRAN KUMAR E.S. AGED ABOUT 6 YEARS, APPELLANT NO.2 & 3 ARE MINORS REP. BY NATURAL GUARDIAN AND FATHER KIRANKUMAR E.S. 1ST RESPONDENT HEREIN. ALL ARE RESIDING AT: NO.1/56, KRISHNAPURAM VILLAGE, ALLAGADDA MANDALAM, KURNOOL DISTRICT, ANDHRA PRADESH. PRESENTLY RESIDING AT NO.34, 3RD MAIN ROAD, 2ND BLOCK, 2ND CROSS, AYYAPPA NAGAR, K.R. PURAM, BENGALURU-560 036. 4. SRI. VENKATASWAMY S/O MUNI AVALAPPA, R/AT NO.91, 1ST MAIN ROAD, 3RD CROSS, CHIKKADEVASANDRA, K.R.PURAM, BANGALORE-560 036. (OWNER OF THE TRACTOR/TAILOR TANKER BEARING REG.NO.KA40/T2567 AND KA53/6890) …RESPONDENTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE FOR R1-R3; NOTICE TO R4 IS DISPENSED WITH; (R2 & R3 ARE MINORS, REP. BY R1)) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.04.2022 PASSED IN MVC NO.698/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MACT, MAYO HALL UNIT, BENGALURU, (SCCH-19), AWARDING COMPENSATION OF - 3 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 RS.1,52,70,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 1220/2023 BETWEEN: 1. KIRAN KUMAR E.S. S/O LATE THEERTHAMAIAH, AGED ABOUT 41 YEARS, 2. KUMARI S. KRISHNA SASWATHA KEERTHI D/O SRI. KIRAN KUMAR E.S. AGED ABOUT 11 YEARS, 3. KUMARI ESSA LAXMI KARTHEEKA D/O SRI. KIRAN KUMAR E.S. AGED ABOUT 7 YEARS, APPELLANT NOS.2 & 3 ARE MINORS REP. BY NATURAL GUARDIAN AND FATHER KIRANKUMAR E.S. 1ST RESPONDENT HEREIN. ALL ARE RESIDING AT: NO.1/56, KRISHNAPURAM VILLAGE, ALLAGADDA MANDALAM, KURNOOL DISTRICT, ANDHRA PRADESH-518 543. PRESENTLY RESIDING AT NO.34, 3RD MAIN ROAD, 2ND BLOCK, 2ND CROSS, AYYAPPANAGAR, K.R. PURAM, BENGALURU-560 036. ...APPELLANTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 AND: 1. SRI. VENKATASWAMY S/O MUNI AVALAPPA, R/AT NO.91, 1ST MAIN ROAD, 3RD CROSS, CHIKKADEVASANDRA, K.R.PURAM, BANGALORE-560 036. 2. M/S. UNITED INDIA INSURANCE CO. LTD. T.P. HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 027. BY ITS MANAGER. ...RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR SRI. JANARDHAN REDDY, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2022 PASSED IN MVC NO.698/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU SCCH-19, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 5 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These two appeals have been filed against the common judgment and award dated 01.04.2022 in MVC No.698/2020. 2. Mr. B. Pradeep, learned Counsel appearing for the appellant in MFA No.6350/2022 has impugned the award on two grounds as under: i. The future prospects have been given at the rate of 50%. The deceased was in private employment and therefore, the future prospects should have been limited to 40%. ii. The dependents of the deceased had received a sum of Rs.48,00,000/- from the employer towards a group insurance claim for which the deceased used to pay separate premium. 3. Mr. Guru Prasad K T., learned counsel for respondents/claimants would submit that the deduction is made from the monthly income of the deceased and except for - 6 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 income tax amount nothing should have been deducted while calculating the income. 4. We have considered the submissions of the learned counsels for the parties. 5. We agree with the submission of learned counsel Mr. B. Pradeep that the future prospects ought to have been given at the rate of 40% and not at the rate of 50% as awarded by the learned Tribunal. So far as the amount received by the dependents of the deceased towards group insurance taken by him while in employment is concerned, since the deceased had paid separate premium, the amount received by him can not to be deducted from the claim in the motor accidents. 6. So far as the contention of learned counsel Mr. Guru Prasad K T., is concerned, the monthly income of the deceased was Rs.94,000/- and after deducting the income tax and professional tax, the monthly income of the deceased would be Rs.84,000/-. Thus, we find no ground to enhance the compensation. - 7 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 7. Thus, the loss of dependency is worked as under: Rs.84000 + Rs.33,600 (40%) = Rs.1,17,600/- Rs.1,17,600 - Rs.39,200 (1/3) = Rs.78,400/- Rs.78,400 x 12 x 15 = Rs.1,41,12,000/- as against a sum of Rs.1,51,20,000/- awarded by the Tribunal. 8. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 1,41,12,000 Loss of consortium 40,000 Towards loss of filial consortium 80,000 Towards funeral and obsequies ceremonies 15,000 Loss of estate 15,000 TOTAL 1,42,62,000 Less: Compensation awarded by the Tribunal 1,52,70,000 REDUCED COMPENSATION 10,08,000 9. In the result, we pass the following: - 8 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 O R D E R i. The appeal filed by the appellant-Insurance Company are allowed-in-part and the appeals filed by the appellants-claimants are dismissed. ii. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled for a total compensation of Rs.1,42,62,000/- as against Rs.1,52,70,000/- awarded by the Tribunal, hence a sum Rs. 10,08,000/- is reduced from the total compensation awarded by the Tribunal. The entire compensation shall carry interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its realization. iii. The amount deposited before this Court shall be transmitted to the Tribunal. iv. Draw modified award accordingly. v. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. - 9 - HC-KAR NC: 2026:KHC:11926-DB MFA No. 6350 of 2022 C/W MFA No. 1220 of 2023 In view of the disposal of the appeals, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 12