[Cites 1, Cited by 0]
Karnataka High Court
Smt. Puttamma vs Reliance Gen. Ins. Co. Ltd on 24 March, 2026
-1-
NC: 2026:KHC:16539
M.F.A. No.1522/2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.1522/2020 (MV-D)
BETWEEN:
1. SMT. PUTTAMMA
W/O LATE SURESH
AGED ABOUT 38 YEARS.
2. TEJASHWINI V.S.
Digitally signed D/O LATE SURESH
by ARSHIFA AGED ABOUT 21 YEARS.
BAHAR KHANAM
Location: HIGH 3. YESHWANTH V.S.
COURT OF
KARNATAKA S/O LATE SURESH
AGED ABOUT 18 YEARS.
4. SRI. KUNNEGOWDA
S/O LATE BILI SHIVANEGOWDA
AGED ABOUT 72 YEARS.
5. SMT. NINGAMMA
W/O KUNNEGOWDA
AGED ABOUT 67 YEARS.
ALL ARE R/AT.
VARAGERAHALLI VILLAGE
KASABA HOBLI, KANAKAPURA TALUK
RAMANAGARA DIST-562117.
...APPELLANTS
(BY SMT. NITHYA V, ADV., FOR
SRI. PRAKASH M.H. ADV.,)
-2-
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M.F.A. No.1522/2020
HC-KAR
AND:
1. RELIANCE GEN. INS. CO. LTD.,
OFFICE AT 2ND FLOOR
BALAJI ENCLAVE NO.782, 2ND FLOOR
ABOVE BATA SHOW ROOM
16TH MAIN ROAD, 2ND STAGE
BTM LAYOUT, BENGALURU-560075
REP. BY ITS MANAGER.
2. SRI. MANJUNATH
S/O RAMU
MAJOR
R/AT. ATHIKUPPE VILLAGE
MARALAVADI HOBLI
KANAKAPURA TALUK
RAMANAGARA DIST-562117.
...RESPONDENTS
(BY SRI. ASHOK N. PATIL, ADV., FOR R1
NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.11.09.2019 PASSED IN MVC
NO.6799/2017 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES,
MEMBER, MACT-7, BENGALURU, (SCCH-7), PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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NC: 2026:KHC:16539
M.F.A. No.1522/2020
HC-KAR
ORAL JUDGMENT
This appeal is filed by the claimants challenging the
judgment and award dated 11.09.2019 passed in
MVC.No.6799/2017 by the IX Additional Small Causes
Judge and Additional MACT, Bengaluru, (SCCH-7), (for
short 'the Tribunal').
2. Though this appeal is listed for admission, with
the consent of the learned counsel for the parties, it is
taken up for final disposal.
3. Smt.Nithya V., learned counsel for Sri.Prakash
M.H., learned counsel appearing for the appellants submits
that the Tribunal has committed an error in assessing the
income of the deceased at Rs.9,000/- per month, as he
was an agriculturist earning more than Rs.20,000/- per
month. It is submitted that the award of compensation
under the head of loss of consortium is also on the lower
side. Hence, she seeks to allow the appeal.
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4. Per contra, Sri.Ashok N. Patil, learned counsel
for respondent No.1 supports the impugned judgment and
award of the Tribunal and submits that no proof of income
was placed before the Tribunal, hence, the income has
been rightly assessed at Rs.9,000/- per month. It is
submitted that the Tribunal has awarded just and
reasonable compensation and there is no scope for
enhancement. Accordingly, he seeks to dismiss the appeal.
5. I have heard the arguments on the both sides
and meticulously perused the material available on record
including the Tribunal records.
6. The parties to the proceedings are not in
dispute that the husband of appellant No.1 Sri.Suresh met
with an accident on 12.09.2017 and succumbed to the
injuries sustained therein. The deceased was aged about
38 years at the time of the accident and it was claimed
that he was an agriculturist earning Rs.20,000/- per
month; however, no evidence was placed before the
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Tribunal to substantiate the same. Hence, his income is
notionally reassessed at Rs.11,000/- per month by placing
reliance on the notional income chart prepared by the
KSLSA. Having reassessed the income of the deceased at
Rs.11,000/- per month and considering the age of the
deceased as 38 years, the appellants-claimants are further
entitled to an addition of 40% of the assessed income
under the head of loss of future prospects in view of the
law laid down by the Hon'ble Supreme Court in the case of
National Insurance Company Limited v. Pranay Sethi
and Others1. As the appellants-claimants are the wife,
children and parents of the deceased, the appropriate
deduction towards personal and living expenses should be
one-fourth and multiplier should be 15, which has been
rightly considered by the Tribunal. Accordingly, the
compensation towards loss of dependency is reassessed
as under:
Rs.11,000 + 40% x 12 x 15 - 1/4th = 20,79,000/-
(2017) 16 SCC 680
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7. The appellants-claimants, being the wife,
children and parents of the deceased are entitled to
compensation under conventional heads. The Tribunal has
awarded a sum of Rs.15,000/- towards loss of estate
and Rs.15,000/- towards funeral expenses which do
not call for any interference. Further, the appellants-
claimants are also entitled to a sum of Rs.40,000/- each
towards loss of consortium.
8. Thus, in all, the appellants shall be entitled to
modified compensation under the following heads:
HEADS AMOUNT
(in Rs.)
Loss of dependency 20,79,000/-
Loss of consortium (Rs.40,000 X 5) 2,00,000/-
Transportation of dead body & funeral 15,000/-
expenses
Loss of estate 15,000/-
Total 23,09,000/-
Thus, the claimants shall be entitled to total
compensation of Rs.23,09,000/- as against
Rs.17,71,000/- awarded by the Tribunal.
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9. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal is allowed in part.
b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimants would be entitled to total
compensation of Rs.23,09,000/- as
against Rs.17,71,000/- awarded by the
Tribunal.
c) The compensation amount shall carry
interest at the rate of 6% per annum from
the date of petition till the date of
payment.
d) The Insurance Company shall deposit the
enhanced compensation amount with
accrued interest before the Tribunal within
a period of six weeks from the date of
receipt of certified copy of this judgment.
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e) The apportionment, deposit and
disbursement shall be made as per award
of the Tribunal.
f) The Registry is directed to transmit the
records to the Tribunal forthwith.
g) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 13
