Karnataka High Court
Smt Geetha vs Sri Siddarameshwara on 3 July, 2025
-1-
NC: 2025:KHC:23981
MFA No. 6759 of 2018
C/W MFA.CROB No. 31 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6759 OF 2018 (MV-D)
C/W
MFA CROSS OBJECTION NO. 31 OF 2019 (MV-D)
IN MFA No. 6759/2018
BETWEEN:
M/S UNIVERSAL SOMPO
GENERAL INSURANCE COMPANY LTD
OFFICE AT UNIT NO.401, 4TH FLOOR
SANGAM COMPLEX, 127, ANDHERI,
KURLA ROAD,
ANDHERI (EAST) MUMBAI
BRANCH OFFICE AT MYSURU
NO.363, 1ST FLOOR, GURUKAR
DEVANNA STREET,
FORT MOHALLA, MYSURU
NOW REPRESENTED BY ITS MANAGER,
Digitally M/S UNIVERSAL SOMPO GENERAL
signed by INSURANCE COMPANY LTD.,
NIRMALA PLOT NO:EL94, T.T.C INDUSTRIAL AREA,
DEVI MIDC, MAHAPE
Location: NAVI MUMBAI-4700701
HIGH ...APPELLANT
COURT OF (BY SRI. ASHOKA H, ADVOCATE FOR
KARNATAKA SRI. B C SHIVANNE GOWDA, ADVOCATE)
AND:
1. SMT GEETHA
W/O LATE RAMESHA
AGED ABOUT 40 YEARS
2. POOJA R
S/O LATE RAMESHA
-2-
NC: 2025:KHC:23981
MFA No. 6759 of 2018
C/W MFA.CROB No. 31 of 2019
HC-KAR
AGED ABOUT 21 YEARS
3. ABHISHEK R
S/O LATE RAMESHA
AGED ABOUT 19 YEARS
ALL ARE R/AT NO.340,
BANDIPALYA GRAMA
ASRAMA POST, KASABA HOBLI,
MYSURU.
4. SIDDARAMESHWARA
S/O B JOGAPPA
AGED ABOUT 50 YEARS
R/AT NO.55, 3RD MAIN,
KAMAKSHI HOSPITAL ROAD,
KUVEMPUNAGARA,
MYSURU-570023
5. MANJESHKUMAR
S/O LATE SHIVANNA
AGED ABOUT 44 YEARS
R/AT NO.144, HUDCO HOUSE,
SEWAGE FARM ROAD,
VIDYARANYAPURAM
MYSURU-570008
...RESPONDENTS
(BY SRI. SHIVANAND, ADVOCATE FOR
SRI. P NATARAJU, ADVOCATE FOR R1 TO R3
NOTICE TO R4 & R5 IS DISPENSED WITH V/O DTD 29.06.2025)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17/04/2018, PASSED IN MVC
NO.1027/2014, ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF
SMALL CAUSES, MACT, MYSURU, AWARDING COMPENSATION OF
RS.16,22,000/- ALONG WITH INTEREST AT THE RATE OF 7% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION AND ETC.
IN MFA.CROB NO. 31/2019
BETWEEN:
1. SMT GEETHA
AGED ABOUT 41 YEARS
W/O LATE RAMESHA
-3-
NC: 2025:KHC:23981
MFA No. 6759 of 2018
C/W MFA.CROB No. 31 of 2019
HC-KAR
2. POOJA R
AGED ABOUT 22 YEARS
D/O LATE RAMESHA
3. ABHISHEK .R
AGED ABOUT 20 YEARS
S/O LATE RAMESHA
CROSS OBJECTORS NO.1 TO 3 ARE
R/AT NO.340, BANDIPALYA GRAMA,
ASRAMA POST, KASABA HOBLI,
MYSURU 570 009.
...CROSS OBJECTORS
(BY SRI. SHIVANAND, ADVOCATE FOR
SRI. P NATARAJU, ADVOCATE)
AND:
1. SRI SIDDARAMESHWARA
AGED ABOUT 51 YEARS
S/O B. JOGAPPA
R/AT NO.55, 3RD MAIN,
KAMAKSHI HOSPITAL ROAD,
KUVEMPU NAGAR,
MYSURU 570023.
2. SRI. MANJESHKUMAR
AGED ABOUT 45 YEARS
S/O LATE SHIVANNA
R/AT NO.144, HUDCO HOUSE
SEWAGE FARM ROAD,
VIDYARANYAPURAM,
MYSURU 570 019.
3. THE MANAGER
UNIVERSAL SOMPO GENERAL
INSURANCE COMPANY LIMITED,
OFFICE AT UNIT NO.401,
4TH FLOOR, SANGAM COMPLEX,
127 ANDHERI, KURLA ROAD,
ANDHERI (EAST),
MUMBAI 400 047.
MAHARASHTRA STATE.
BRANCH OFFICE AT MYSURU
-4-
NC: 2025:KHC:23981
MFA No. 6759 of 2018
C/W MFA.CROB No. 31 of 2019
HC-KAR
NO.363, 1ST FLOOR,
GURUKAR DEVANNA STREET,
FORT MOHALLA,
MYSURU 570 004.
...RESPONDENTS
(BY SRI. ASHOKA H, ADVOCATE FOR
SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R3
NOTICE TO R1 & R2 IS DISPENSED WITH V/O DTD 25.06.2025)
THIS MFA.CROB IS FILED UNDER ORDER XLI RULE 22 OF THE
CPC READ WITH SECTION 173(1) OF MOTOR VEHICLE ACT,
AGAINST THE JUDGMENT AND AWARD DATED 17.04.2018
PASSED IN MVC NO. 1027/2014 ON THE FILE OF THE PRINCIPAL
JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER,
MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY
ALLOWING THE CALIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL AND CROSS OBJECTION, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The appeal and cross objection call in question the
judgment and award dated 17.4.2018 passed in MVC
No.1027/2014 by the Principal Judge, Court of Small Causes,
as a Presiding Officer, Motor Accidents Claims Tribunal,
Mysuru1. The Tribunal vide the said judgment and award
partly allowed the claim petition and has awarded a
compensation of `16,22,000/- together with interest at 7% p.a.
Hereinafter referred to as 'Tribunal'
NC: 2025:KHC:23981
HC-KAR
The insurer has filed the appeal challenging the quantum of
compensation seeking for reduction and the claimant has filed
the cross objection for enhancement of the quantum of
compensation.
2. Heard the submissions of learned counsel Sri
B.C.Shivanne Gowda, for the insurer and learned counsel Sri
Shivanand appearing for learned counsel Sri P.Nataraj, for the
claimant.
3. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only aspect that is required to be considered in the
present appeal is with regard to the adequacy of the
compensation awarded.
4. The age of the deceased is 45 years as on the date
of the accident i.e., as on 27.1.2014. The Tribunal has applied
the multiplier of 14, which is just and proper.
5. It was averred that the claimant was a Civil
Contractor. However, no documents were produced to
demonstrate his income. The Tribunal has assessed his income
NC: 2025:KHC:23981
HC-KAR
at `13,500/- p.m. Having regard to the fact that no documents
have been produced to demonstrate his income, keeping in
mind the date of the accident, the same is re-assessed as
notional income at `8,500/- p.m.
6. To the said income, 25% is to be added towards
future prospects in terms of the judgment of the Hon'ble
Supreme Court in the case of National Insurance Company
Ltd v. Pranay Sethi2 and 1/3rd is to be deducted towards
personal expenses since the deceased was married and
survived by 3 dependents/claimants. Hence, loss of
dependency is re-assessed as (`8,500/- + 25% - 1/3 x12x14)
`11,90,112/- as against `15,12,000/- awarded by the Tribunal.
7. Loss of consortium is to be awarded to the
claimants in terms of the judgment of the Hon'ble Supreme
Court in the case of Magma General Insurance Company v.
Nanu Ram Alias Chubru Ram3 at `40,000/- each together
with an escalation of 20%. Hence, loss of consortium is re-
assessed as (`48,000/-x3) `1,44,000/-. The compensation
towards funeral expenses and loss of estate also has to be
(2017)16 SCC 680
(2018)18 SCC 130
NC: 2025:KHC:23981
HC-KAR
awarded in terms of the aforesaid judgment in a sum of
`15,000/- each together with escalation at 20% and
accordingly, a sum of `18,000/- each is awarded towards the
same.
8. In view of the compensation awarded towards loss
of consortium, the compensation awarded by the Tribunal
towards loss of love and affection at `40,000/-, is set aside.
9. It is noticed that the Tribunal has awarded interest
at 7% p.a. Taking judicial notice of the interest payable
towards fixed deposits, the rate of interest awarded by the
Tribunal at 7% p.a., is just and proper.
10. In view of the aforementioned, the compensation
re-assessed is as follows:
Sl. Compensation Head Amount Amount awarded
No Awarded by the by this Court (`)
Tribunal (`)
1 Loss of dependency 1512000.00 1190112.00
2 Loss of estate 15000.00 18000.00
3 Loss of consortium 40000.00 144000.00
4 Funeral expenses 15000.00 18000.00
5 Loss of love and affection 40000.00 0.00
Total 1622000.00 1370112.00
NC: 2025:KHC:23981
HC-KAR
11. Accordingly, the claimants are entitled to total
compensation of `13,70,112/- as against `16,22,000/- awarded
by the Tribunal.
12. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The cross objection is disposed of;
iii) The judgment and award dated 17.4.2018
passed in MVC No.1027/2014 by the Principal
Judge, Court of Small Causes, as a Presiding
Officer, Motor Accidents Claims Tribunal,
Mysuru, is hereby modified holding that the
claimants shall be entitled to a total
compensation of `13,70,112/- together with
interest at 7% p.a., from the date of petition
till date of realization. In all other respects,
the judgment and award of the Tribunal
remains unaltered;
iv) The amount deposited by the appellant in MFA
No.6759/2018 together with records be
transmitted to the Tribunal for disbursement
in terms of the award. The balance amount, if
any, to be deposited within six weeks;
NC: 2025:KHC:23981
HC-KAR
v) The Registry to draw the modified award
accordingly;
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
ND
