Karnataka High Court
Smt.Manjula vs M/S. Reliance General Insurance Co. Ltd on 18 August, 2025
-1-
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MFA No. 5872 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.5872 OF 2021 (MV-D)
BETWEEN:
1. SMT. MANJULA
W/O. LATE SHIVANNA
AGED ABOUT 59 YEARS.
2. MR. KERTHI H.S.
S/O. LATE SHIVANNA
AGED ABOUT 21 YEARS.
BOTH ARE RESIDING AT
"RAJARAJESHWARI BUILDING"
I CROSS, NEAR ANJANEYA TEMPLE
SANJEEVININAGAR
BENGALURU.
PERMANENT ADDRESS:
HARALAHALLI VILLAGE
Digitally signed by
MOUNESHWARAPPA
NAGARATHNA
PANDAVAPURA
Location: High Court
of Karnataka
MANDYA DISTRICT 571 435.
...APPELLANTS
(BY SRI B. KESHAVA MURTHY, ADVOCATE)
AND:
1. M/S. RELIANCE GENERAL INSURANCE CO. LTD.
28, 5TH FLOOR, CENTENARY BUILDING
EAST WING, CITI BANK
M.G. ROAD
BENGALURU-560 001
REPRESENTED BY ITS MANAGER.
-2-
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MFA No. 5872 of 2021
HC-KAR
2. MR. SURESH H.S.
S/O. MR. SIDDAPPA
NO.11, HOSAPALYA, CHUNCHANAKUPPE POST
TAVAREKERE HOBLI,
BENGALURU SOUTH TALUK.
...RESPONDENTS
(BY SRI D. VIJAYA KUMAR, ADVOCATE, FOR R-1, AND
VIDE ORDER DATED 4-8-2023, NOTICE TO R-2 IS
DISPENSED WITH)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE M.V. ACT, AGAINST THE JUDGMENT AND
AWARD DATED 23-4-2021 PASSED IN M.V.C. NO.6210 OF 2019 ON
THE FILE OF THE III ADDITIONAL JUDGE, MEMBER, M.A.C.T., COURT
OF SMALL CAUSES, BENGALURU, (SCCH-18), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS 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 VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)
This appeal is filed by the claimants being aggrieved by
the judgment and award dated 23-4-2021 passed in M.V.C.
No.6210 of 2019 on the file of the III Additional Judge and
Motor Accidents Claims Tribunal, Bengaluru. Whereby, the
Tribunal awarded a sum of Rs.21,86,800/- as compensation
with interest at the rate of 8% per annum from the date of
petition till the date of deposit.
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2. For the sake of convenience, the parties herein shall
be referred to in terms of their status before the Tribunal.
3. Brief facts of the case are that, on 12-9-2019 at
about 7:30 p.m., Sri Kiran H.S. (hereinafter referred to as
'deceased') was riding his motorcycle, bearing Registration
No.KA-03 JA-8087, on Heganahalli Main Road. At that time,
the driver of a lorry, bearing Registration No.KA-41 C-7269,
drove the vehicle in a rash and negligent manner at
excessive speed and dashed against the motorcycle of the
deceased. Due to this, the deceased fell down, and front
right side wheel of lorry passed over the head of the
deceased. He was taken to Sapthagiri Hospital, wherein
post-mortem was conducted and thereafter, the body of the
deceased was handed over to the claimants. Due to his
death, mother and brother of the deceased lost their
dependency and hence, claimed compensation under various
heads.
4. Heard Sri B. Keshava Murthy, learned counsel for
the appellants-claimants, Sri D. Vijaya Kumar, learned
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counsel for respondent No.1-Insurance Company, and
perused the judgment and award of the Tribunal.
5. Learned counsel for the appellants-claimants has
contended that the deceased was working as Machine
Operator at M/s. SRM Enterprises and earning Rs.30,000/-
per month and has produced salary receipts at Exs.P14 and
P15. In addition to the above, the deceased was also
working as part-time Gym Trainer and earning Rs.10,000/-
per month. Thus, in total, the deceased was earning
Rs.40,000/- per month. However, the Tribunal has
considered only Rs.14,000/- per month and awarded
compensation of Rs.21,86,800/-. Hence, he prays to
enhance the compensation.
6. Per contra, the learned counsel for respondent No.1-
Insurance Company, supports the impugned judgment and
award of the Tribunal and submits that considering the oral
and documentary evidence on record, the Tribunal awarded
just and reasonable compensation under each heads, which
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does not call for interference at the hands of this Court.
Thus, he prays for dismissal of the appeal.
7. As there is no dispute regarding the death of the
deceased in a road traffic accident occurred on
12-9-2019 due to rash and negligent driving of the lorry,
bearing Registration No.KA-41 C-7269, by its driver and
liability of the insurer of the offending vehicle, the only point
that arises for our consideration in this appeal is:
"Whether the quantum of compensation awarded
by the Tribunal is just and reasonable or does it
call for enhancement?"
8. After hearing both the learned counsel and perusal
of the impugned judgment and award of the Tribunal, we are
of the view that the compensation awarded by the Tribunal is
on lower side. The Tribunal has taken the income of the
deceased at Rs.14,000/- per month.
9. As per the material available on record, prior to the
accident, the deceased was working as Machine Operator at
M/s. SRM Enterprises and to substantiate the same, PW1,
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mother of the deceased, has produced Exs.P14 and P15,
wherein it clearly indicates that the deceased was drawing
salary of Rs.19,734/- per month. It is also evident from the
record that, the deceased was removed from the job in the
month of August, 2019. Therefore, taking note of the above
facts, we deem it appropriate to assess the income of the
deceased at Rs.18,000/- per month. As per the dictum of
the Hon'ble Apex Court in the case of National
Insurance Company Limited v. Pranay Sethi and
Others reported in (2017) 16 SCC 680, 40% of the
income must be added towards future prospects, which
comes to Rs.7,200/- (18,000 X 40%) and the total income
comes to Rs.25,200/- per month (18,000 + 7,200). The
claimants, i.e. mother and younger brother of the
deceased, are the dependents of the deceased and the
deceased was a bachelor. Therefore, 50% of the income
shall be deducted towards the personal expenses of the
deceased and it works out to Rs.12,600/- per month
(25,200 X 50%). The applicable multiplier would be '18'
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(for age group up to 25 years) and it works out to
Rs.27,21,600/- (12,600 X 12 X 18). This would be the
'loss of dependency' as against Rs.21,16,800/- awarded by
the Tribunal.
10. Further, Rs.40,000/- towards 'loss of consortium',
Rs.15,000/- towards 'loss of estate' and Rs.15,000/- towards
'funeral expenses' awarded by the Tribunal are maintained.
11. Thus, the claimants are entitled for the following
compensation:
HEADS Rs.
Loss of dependency 27,21,600.00
Loss of consortium 40,000.00
Loss of estate 15,000.00
Funeral expenses 15,000.00
TOTAL 27,91,600.00
Less: Compensation awarded by the
21,86,800.00
Tribunal
ENHANCED COMPENSATION 6,04,800.00
12. In the result, we pass the following
ORDER
i. The appeal is allowed-in-part.
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ii. The judgment and award passed by the Tribunal are
modified to the extent stated hereinabove. The
claimants are entitled to total compensation of
Rs.27,91,600/- as against Rs.21,86,800/- awarded by
the Tribunal, with interest at the rate of 6% per annum
on the enhanced compensation of Rs.6,04,800/- from
the date of filing the claim petition till the date of
realisation.
iii. Respondent No.1-Insurance Company is directed to
deposit the enhanced compensation together with
interest within four weeks' from the date of receipt of a
copy of this judgment.
iv. Apportionment, disbursement, and deposit of the
enhanced compensation shall be made in terms of the
award of the Tribunal.
v. Draw a modified award accordingly.
vi. No order as to costs.
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Registry is directed to send a copy of this judgment to
the Tribunal along with its record, forthwith.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
KVK
