SRI SRINIVAS N @ SRINIVAS vs M/S CHOLOMANDALAM GEN INS CO LTD
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6735 OF 2026
(MV-D)
BETWEEN:
1. SRI SRINIVAS N @ SRINIVAS
S/O LATE. NAGESH
AGED ABOUT 50 YEARS.
2. SMT. PAVITHRA
W/O SRINIVASA N @ SRINIVAS
AGED ABOUT 41 YEARS.
3. SRI GAGAN.S
S/O SRINIVASA N @ SRINIVAS
AGED ABOUT 22 YEARS.
4. SRI. MANOJ.S
S/O SRINIVASA N @ SRINIVAS
AGED ABOUT 21 YEARS.
ALL ARE RESIDING AT WARD No.2
VENKATAGIRIKOTE, CHINTAMANI TOWN,
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT.
…APPELLANTS
(BY SRI. GURUDEVA PRASAD K T, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
AND:
1. M/s CHOLOMANDALAM GEN. INS. CO. LTD.,
BY ITS MANAGER
MOTOR CLAIMS HUB, UNIT No.4
TH
9 FLOOR, LEVEL-06
GOLDEN HEIGHTS COMPLEX
TH
INDUSTRIAL SUBURUB, 4 'M' BLOCK
BENGALURU-560 010.
2. MR. JAWAD PASHA
S/O AHMED PASHA,
AGED ABOUT 30 YEARS
No.580, GHOUSE MANZIL
BEHIND MUNESHWARA TEMPLE
MAHALAKSHMI LAYOUT
KOLAR-563 101.
3. MR. PRAPUL M
S/O MUNIRAJU
AGED ABOUT 30 YEARS
ND
No.02, 2 CROSS, GANDHINAGAR
KOLAR-563 101.
…RESPONDENTS
(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR
SRI B PRADEEP, ADVOCATE FOR R1
V/O DTD. 22.09.2026, NOTICE TO R2 AND R3 ARE
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:28.02.2026
PASSED IN MVC No. 8064/2024 ON THE FILE OF THE XV
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, AND MEMBER,
MACT, MAYO HALL UNIT, BENGALURU, (SCCH-19), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by the claimants seeking
enhancement of compensation awarded in the judgment
and award dated 28.02.2026 passed in MVC No.
8064/2024 by the XV Additional Judge, Court of Small
causes and Member, MACT, Bengaluru (SCCH-19).
2. Even though the matter is listed for `Admission’
today, with the consent of the learned counsel appearing
for the appellant and learned appearing for respondent No.
1 – Insurer it is taken up for disposal.
3. Heard learned counsel for appellants –
claimants and learned counsel for respondent No. 1 –
Insurer.
4. Appellants – claimants made a claim petition
praying to award compensation for the death of Abhishek
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
(son of claimant Nos. 1 and 2 and brother of claimant Nos.
3 and 4) in a road traffic accident that occurred on
05.07.2024 due to the rash and negligent driving by the
driver of car bearing registration No. KA-01-MF-4699. The
Tribunal after recording evidence, appreciating the
evidence on record, assessed the compensation and
awarded compensation under different heads as under:
SL. No. Under the Heads of Amount
1. Loss of Dependency Rs.24,94,800/-
2. Medical Expenses Rs.18,710/-
3. Towards Loss of Filial
Rs.1,60,000/-
Consortium
4. Towards Funeral and
Rs.15,000/-
Obsequies Ceremonies
5. Towards Loss of Estate Rs.15,000/-
Total Rs.27,03,510/-
5. The Tribunal has also awarded interest at the
rate of 6% p.a. from the date of petition till the date of
realization and directed respondent No. 1 – Insurer to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
deposit the said award amount with interest. Claimants
seeking enhancement of the compensation awarded, have
filed the present appeal.
6. Heard learned counsel for appellant and learned
counsel for respondent No. 1 – Insurer.
7. The accident occurred on 05.07.2024 and as on
the date of accident deceased was aged 22 years.
Considering the said age, the Tribunal has rightly applied
the multiplier `18’.
8. Even though the claimants had produced the
salary certificate and other documents, the Tribunal has
disbelieved the same and taken the notional income.
Notional income fixed for the year 2024 is Rs.17,000/- and
the said income is to be taken as against Rs.16,500/-
taken by the Tribunal. The Tribunal has rightly added
40% towards future prospects and deducted 50% towards
the personal expenses of the deceased.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
9. In view of the above, loss of dependency is
calculated as under:
17,000 + 40% = Rs.23,800/-
23,800 – 50% = Rs.11,900/-
11,900 X 12 X 18 = Rs.25,70,400/-
10. Even though the Tribunal has awarded
compensation under conventional heads, has not added
escalation. As the accident has taken place after 6 years of
decision of the Hon’ble Apex Court in the case of National
Insurance Company Vs Pranay Sethi and Others
reported in AIR 2017 SC 5157, 20% escalation is to be
added on conventional heads. Therefore, claimants are
entitled to consortium in a sum of Rs.1,92,000/-
(Rs.48,000 X 4), loss of estate in a sum of Rs.18,000/-
and funeral expenses, transportation of dead body in a
sum of Rs.18,000/-. The Tribunal has rightly awarded
medical expenses of Rs.18,170/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
11. In view of the above, claimant is entitled to
total compensation under various heads as under:
1 Towards loss of dependency Rs.25,70,400/-
2 Towards loss of consortium Rs.1,92,000/-
3 Towards loss of estate Rs.18,000/-
4 Towards funeral expenses
and transportation of dead
body
Rs.18,000/-
5 Towards Medical expenses Rs.18,170/-
Total Rs.28,16,570/-
12. Considering the above aspects claimants are
entitled to total compensation of Rs.28,16,570/- as
against Rs.27,03,510/- awarded by the Tribunal.
Consequently, claimants are entitled to enhanced
compensation of Rs.1,13,060/- with interest at the rate of
6% p.a. from the date of petition till the date of
realization. Respondent No. 1 – Insurer is liable to pay the
said enhanced compensation with interest.
13. In view of the above, the following;
O R D E R
a. Appeal is allowed in part.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60502
MFA No. 6735 of 2026
CNR: KAHC010636732026
b. Claimants are entitled to enhanced compensation
of Rs.1,13,060/- with interest at the rate of 6%
p.a. from the date of petition till the date of
realization.
c. Respondent No. 1 – Insurer shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.
d. Entire enhanced compensation shall be released
to appellant No. 2 – claimant No.2 – mother of
the deceased.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 63
Ct.sm