Karnataka High Court
M/S. Bharti Axa General Insurance vs Smt. Nagarathnamma on 25 March, 2025
-1-
NC: 2025:KHC:12481
MFA No. 4939 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 4939 OF 2016 (MV-D)
BETWEEN:
M/S. BHARTI AXA GENERAL INSURANCE
COMPANY LTD.,
1ST FLOOR FERNS ICON,
SURVEY NO. 28, DODDENAKUNDI VILLAGE,
K.R.PURAM,
BANGALORE - 37
REPRESENTED BY ITS MANAGER
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SMT. NAGARATHNAMMA
W/O LATE SIDDARAMAIAH,
NOW AGED ABOUT 52 YEARS,
2. KUM.SEETHALAKSHMI S.,
Digitally D/O LATE SIDDARAMAIAH,
signed by NOW AGED ABOUT 26 YEARS
SUVARNA T
Location: 3. KUM. PADMA
HIGH D/O LATE SIDDARAMAIAH,
COURT OF NOW AGED ABOUT 24 YEARS,
KARNATAKA
ALL ARE R/AT NO.62,
ASHWATHNAGARA,
NEAR BRIGHT SCHOOL,
SHIVARAMA KARANTHA NAGARA POST,
BANGALORE - 560 077
OLD ADDRESS:
R/AT NO. 152/1
MAIN ROAD, HENNUR VILLAGE,
BENGALURU, KALYANANAGARA,
BENGALURU - 560 043
-2-
NC: 2025:KHC:12481
MFA No. 4939 of 2016
4. KRISHNA H.R.,
S/O H.G.RAMESH,
NO. 715, 1ST CROSS
CHANNAPATNA ROAD,
HALAGUR, MALAVALLI TALUK,
MANDYA - 671 439
(RC OWNER OF LORRY BEARING
REG NO KA-11-A-5619)
...RESPONDENTS
(BY SRI.V.RAVIPRAKASH, ADVOCATE FOR R1
R4- SERVED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 28.4.2016 PASSED IN MVC
NO.2271/2014 ON THE FILE OF THE 10TH ADDITIONAL JUDGE,
COURT OF SMALL CAUSES (SCCH-16), BENGALURU, AWARDING A
COMPENSATION OF RS.12,77,000/- WITH INTEREST @ 9% P.A
FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the order passed in M.V.C.No.2271/2014
dated 28.04.2016 by the Court of Small Causes and Motor
Accident Claims Tribunal at Bangalore, the Insurance Company
is before this Court. The claim petition was filed by the
claimants seeking compensation of an amount of
Rs.30,00,000/- for the death of the deceased in the road traffic
accident.
2. It is the case of the claimants that on 07.10.2013 at
about 1:45 p.m., when the deceased was proceeding in a
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motor cycle as a pillion rider and the same was ridden by its
rider by name Doddaiah on the extreme left side on Malavalli-
Maddur Road, at that time, a lorry came from opposite direction
in a rash and negligent manner and dashed against the motor
cycle of the deceased. Due to the impact, deceased fell down
and succumbed to the fatal injuries and died on the spot.
3. The Tribunal had granted compensation to the
claimants for the death of the deceased as per the table given
below:
Heads Compensation
Awarded
1. Loss of dependency : Rs. 11,52,000/-
2. Compensation to the : Rs. 1,00,000/-
family members
(children and family
members other than
wife) for loss of love
and affection,
deprivation of
protection, social
security etc.
Cost incurred on
3. account of funeral and : Rs. 25,000/-
ritual expenses
TOTAL : Rs. 12,77,000/-
4. Learned counsel appearing for the appellant/Insurance
Company submits that the age of the deceased as on the date
of the accident was 31 years and he was earning an amount of
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Rs.15,000/- per month and the Tribunal had taken an amount
of Rs.8,000/- per month as income. He submits that
considering the age of the deceased, future prospects have to
be taken at 40%. In this case, the Court had taken 50% as
future prospects. He submits that the interest that is awarded
is @9% p.a. which is on the higher side.
5. Learned counsel appearing for the respondents/
claimants submits that the Tribunal considering the evidence
and the death of the deceased had rightly granted the
compensation and there are no grounds to interfere with the
order passed by the Tribunal.
6. Having heard the learned counsels on either side,
perused the entire material on record. Considering the age of
the deceased and the occupation, future prospects have to be
taken at 40%. Then the income of the deceased will come to an
amount of Rs.11,200/- (Rs.8,000 + Rs.3,200/-). As he is a
bachelor, 50% has to be deducted towards personal expenses
and his contribution to the family will be an amount of
Rs.5,600/-. Hence, the claimants under the head of loss of
dependency are entitled for an amount of Rs.10,75,200/-
(Rs.5,600x12x16). The Tribunal had granted an amount of
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Rs.1,00,000/- and Rs.25,000/- towards compensation to the
family members for loss of love and affection, deprivation of
protection, social security etc. and cost incurred on account of
funeral and ritual expenses respectively which is reasonable.
7. The claimant is therefore, entitled to the compensation
under the following heads:
SL. Heads Compensation Compensation
No. Awarded by Awarded by
Tribunal this Court
1. Loss of : Rs. 11,52,000/- 10,75,200/-
dependency
2. Compensation to : Rs. 1,00,000/- 1,00,000/-
the family
members
(children and
family members
other than wife)
for loss of love
and affection,
deprivation of
protection, social
security etc.
Cost incurred on
account of funeral
3. : Rs. 25,000/- 25,000/-
and ritual
expenses
TOTAL : Rs. 12,77,000/- 12,00,200/-
Reduction : Rs. 76,800/-
8. Altogether, the claimants are entitled for compensation
of an amount of Rs.12,00,200/-. The interest is reduced from
9% p.a. to 6% p.a.
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9. Accordingly, the appeal of the Insurance Company is
partly allowed, by reducing the compensation from an
amount of Rs.12,77,000/- to Rs.12,00,200/- and the interest
is reduced from 9% to 6% p.a.
i. The amount in deposit shall be transmitted to the
Tribunal.
ii. 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.
iii. No costs.
iv. Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
