Karnataka High Court
The Manager vs Sri William Dayananda on 12 September, 2025
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NC: 2025:KHC:36278
MFA No. 1161 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 1161/2019 (MV-D)
BETWEEN:
THE MANAGER,
UNIVERSAL SOMPO GIC LTD,
1ST FLOOR, OPP CITY HOSPITAL,
KADRI, MANGALURU 03,
AND ALSO : REGD & CORPORATE OFFICE,
UNIT NO.401, 4TH FLOOR,
SANGAMA COMPLEX,
127 ANDHERI KURLA ROAD,
ANDHERI (EAST),
MUMBAI-400 069
...APPELLANT
(BY SRI. PRADEEP B., ADVOCATE)
AND:
1. SRI. WILLIAM DAYANANDA,
S/O V. PAUL
Digitally signed AGED ABOUT 53 YEARS
by
PADMASHREE
SHEKHAR 2. PAUILINE CHRISTINA W.,
DESAI D/O WILLIAMS DAYANANDA P.,
Location: High AGED ABOUT 23 YEARS
Court Of
Karnatka R/O NO.60, M.S. BUILDING,
TILAKNAGAR, JAYANAGAR,
BENGALURU-560 041.
3. SRI. KIRAN KUMAR S,
S/O SHANKARAPPA,
R/O NO.23, 1ST D MAIN ROAD,
BTM 2ND STAGE
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NC: 2025:KHC:36278
MFA No. 1161 of 2019
HC-KAR
BENGALURU-560 076.
...RESPONDENTS
(BY SRI. H SIDDESH, ADVOCATE FOR R1 & R2,
V/O DTD:06.09.2019, NOTICE TO R3 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 02/11/2018, PASSED IN MVC
NO.1514/2017, ON THE FILE OF THE XIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU,
(SCCH-15), AWARDING COMPENSATION ORF RS.31,14,000/-
WITH INTEREST @ 6% P.A., FROM THE DATE OF PETITION
TILL REALIZATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/Insurance
company under Section 173(1) of Motor Vehicles Act,
1988 challenging the judgment and award dated
02.11.2018, passed in MVC No.1514/2017, on the file of
the XIII Additional Judge, Court of Small Causes and
Member, MACT, Bengaluru, for reducing the
compensation.
2. Heard the arguments of the learned counsel for
the appellant and learned counsel for respondent Nos.1
and 2. Notice to respondent No.3 is dispensed with. The
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HC-KAR
ranks of the parties are retained as per tribunal for the
sake of convenience.
3. Brief facts of the case is that one Uma Bai aged
49 years, met with an accident on 12.12.2016. Her
husband and daughter filed claim application claiming
compensation of RS.2 Crores before the tribunal. The
tribunal considering the entire evidence on record granted
Rs.31,14,000/- with interest at the rate of 6% p.a., from
the date of petition till realisation.
4. Aggrieved by the said order this appeal is
preferred by the Insurance Company and they mainly
contended that the tribunal considered the income of the
deceased as RS.23,413/- per month without any evidence
and they have deducted 1/3rd towards personal expenses
instead of 50%. It is further contended that the daughter
is a major and husband of the deceased is not depending
on her and is working in post office. Further contended
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that the amount granted is on the higher side. Therefore,
requested for reduction of the compensation.
5. On perusal of the record, it shows that the
deceased was working as Assistant Operator in Amazon
Distributors Private Limited and getting a gross salary of
Rs.30,399/- but the Tribunal rightly considered the net
income of Rs.23,413/-. This court finds no reason to
interfere with the said finding.
6. Further, 25% of amount was added towards
future prospects and 1/3rd is deducted towards personal
expenses. Learned counsel for the appellant contended
that the husband is not depending on her and so also
daughter is major, therefore only 50% is to be deducted
towards her personal expenses. Admittedly she is married
and having husband and daughter. Therefore, 50% of
amount towards her personal expenses cannot be
deducted and 1/3rd was rightly deducted by the Tribunal
and it needs no interference. The tribunal rightly granted
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compensation by considering all the evidence on record
and this court finds no reason to interfere with the said
order.
Therefore, this appeal is dismissed.
The appellant is directed to deposit Rs.31,14,000/-
with interest at the rate of 6% p.a., from the date of
petition till realization within one month from the date of
this order.
On such deposit, the petitioners No.1 and 2 are
permitted to withdraw the amount equally.
Sd/-
(P SREE SUDHA)
JUDGE
AKV
