N VENKATARAMAN vs. K S NAGENDRA

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NC: 2026:KHC:15057
MFA No. 1240 of 2014
C/W MFA No. 1777 of 2014

HC-KAR




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

MISCELLANEOUS FIRST APPEAL No. 1240 OF 2014 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL No. 1777 OF 2014 (MV-D)



IN MFA No. 1240/2014

BETWEEN:

1. NEELAKANDAN V
AGED ABOUT 38 YEARS
S/O N. VENKATARAMAN

2. DEEPTHA NEELAKANDAN
AGED ABOUT 35 YEARS
W/O. NEELAKANDAN V
BOTH ARE R/AT No.2,
KAMALANAGAR MAIN ROAD
AAKARSHAN ASPEN APARTMENTS
FLAT No.101, NEAR WATER TANK
BASAVESHWARA NAGAR
BANGALORE - 560 079.
…APPELLANTS
(BY SRI ARUN GOVINDARAJ, ADVOCATE FOR
SRI. L GOVINDARAJU, ADVOCATE)

AND:

1. K.S. NAGENDRA
AGED ABOUT 48 YEARS
S/O K. SRINIVAS
M.S.KARANT ENTERPRISES
TH
No.163, 4 CROSS, WILSON GARDEN








Digitally
signed by
NIRMALA
DEVI
Location:
HIGH
COURT OF
KARNATAKA



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MFA No. 1240 of 2014
C/W MFA No. 1777 of 2014

HC-KAR


BANGALORE - 560 027.
[OWNER OF THE TEMPO BEARING
REG.NO. KA 16 A- 4128]

2. APPANNI
AGED ABOUT 26 YEARS
S/O LATE BASAPPA
YUGATE VILLAGE,
MARITHAMMANAHALLI POST,
ARKALGUD TALUK,
HASSAN DISTRICT - 573 201
[DRIVER OF THE TEMPO BEARING
REG.NO. KA 16 A- 4128]

3. BAJAJ ALLIANCE INSURANCE COMPANY
NO.31, GROUND FLOOR, TBR TOWER
ST
1 CROSS, NEW MISSION ROAD
NEXT TO JAIN COLLEGE,
J C ROAD, BANGALORE 560002.
…RESPONDENTS
(BY SRI. G UDAY KUMAR, ADVOCATE FOR R1
SRI. RAMESHA M N, ADVOCATE FOR R2
SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R3)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:28.3.2013
PASSED IN MVC No.2587/2010 ON THE FILE OF THE JUDGE,
TH
SMALL CAUSES, 26 ACMM, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

IN MFA No. 1777/2014

BETWEEN:

1. N VENKATARAMAN
S/O K.NEELAKANTAN

2. NEELAKANDAN V.
S/O. N.VENKATARAMAN
AGED ABOUT 34 YEARS


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MFA No. 1240 of 2014
C/W MFA No. 1777 of 2014

HC-KAR


R/AT No.2,
KAMALANAGAR MAIN ROAD
AAKARSHAN ASPEN APARTMENTS
FLAT NO.101, NEAR WATER TANK
BASAVESWARA NAGAR,
BANGALORE-560 079.
...APPELLANTS
(BY SRI ARUN GOVINDARAJ, ADVOCATE FOR
SRI. L GOVINDARAJU, ADVOCATE)

AND:

1. BAJAJ ALLIANZ INSURANCE CO.,
NO.31, GROUND FLOOR
ST
T.B.R.TOWER, 1 CROSS
NEW MISSION ROAD
NEXT TO JAIN COLLEGE
J.C.ROAD,
BANGALORE - 560 002

2. K S NAGENDRA
S/O .K.SRINIVAS
AGED ABOUT 48 YEARS
M.S.KARANT ENTERPRISES
TH
No.163, 4 CROSS
WILSON GARDEN
BANGALORE-560 027.
(OWNER OF THE TEMPO BEARING
REG.NO.KA 16 A-4128)

3. APPANNI
S/O LATE BASAPPA,
AGED ABOUT 26 YEARS,
YUGATE VEILLAGE,
MARITHAMMANAHALLI POST
ARKALGUD TALUK
HASSAN DISTRICT-573 201.
(DRIVER OF THE TEMPO BEARING
REG.NO.KA 16 A-4128)

...RESPONDENTS


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MFA No. 1240 of 2014
C/W MFA No. 1777 of 2014

HC-KAR


(BY SRI. RAMESHA M N, ADVOCATE FOR R2
SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R1)
NOTICE TO R3 IS DISPENSED WITH V/O DTD 11.11.2021)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 28.3.2013
PASSED IN MVC No.2588/2010 ON THE FILE OF THE JUDGE,
TH
SMALL CAUSES JUDGE, 26 ACMM, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT
1. The above appeals are filed by the claimants calling in
question the common judgment and award dated 28.03.2013
1
passed in MVC Nos.2587/2010 and 2588/2010 by the Motor
2
Accident Claims Tribunal at Bangalore (SCCH-09) .

2. The relevant facts in nutshell are that on 19.10.2009,
Sri Venkatraman was riding his motorcycle along with his wife
(aged 55 years) and granddaughter (aged 3 years) when a
tempo being driven by its driver in a rash and negligent manner
came and hit the motorcycle causing the accident in question.
In the said accident, the wife and granddaughter collectively

1
hereinafter referred to as the 'impugned judgment'
2
hereinafter referred to as the 'Tribunal'


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referred to as deceased, succumbed to the injuries and died in
the said accident.

3. Claiming the compensation for the death of the child, her
parents, filed MVC No.2587/2010. Claiming compensation for
the death of Smt. Chandra, her husband (Sri Venkataraman)
and his son filed MVC No.2588/2010. The Tribunal by the
impugned judgment allowed the claim petitions and awarded a
compensation of ₹2,20,000/- for the death of the child (MVC
No.2587/2010) and ₹3,24,000/- for the death of Smt.Chandra,
(MVC No.2588/2010) together with interest at 6% p.a.
However, the Tribunal noticed that the driver of the tempo was
licensed to drive a light motor vehicle at the time of the
accident and the insured vehicle being a tempo, exonerated the
insurer of the tempo from paying the compensation and
fastened the liability to pay the compensation on the owner and
driver of the vehicle.

4. Hence, the above appeals are filed impugning the finding
of the Tribunal, exonerating the insurer from the payment of
compensation, as also seeking for enhancement of the
quantum of compensation.


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HC-KAR



5. Heard submissions of the learned counsel for the
appellants as well as the learned counsel for the insurer.

6. With regard to the aspect of liability, it has been held by
the Tribunal that the driver of the vehicle was licensed to drive
a light motor vehicle which was valid from 19.06.2007 to
18.06.2027. The accident occurred on 19.10.2009. Admittedly,
as on date of the accident, the said license was valid. The
insured vehicle is a Bajaj tempo delivery van. It is forthcoming
from a perusal of the insurance policy (Ex.R2) that the gross
weight of the insured vehicle is 5850 kgs. The Hon'ble Supreme
Court in the case of Mukund Dewangan Vs Oriental
3
Insurance Company Ltd., has held that a holder of a license
to drive a light motor vehicle is also entitled to drive a goods
vehicle, the gross weight of which does not exceed 7500 kgs.

7. In view of the legal position as noticed above, the finding
of the Tribunal on liability is erroneous and liable to be set
aside. Accordingly, the owner and insurer of the tempo are
jointly and severally liable to pay the compensation awarded.

3
(2017)14 SCC 663



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C/W MFA No. 1777 of 2014

HC-KAR


Having regard to the policy of insurance, the insurer is required
to deposit the compensation awarded.

Re. the quantum of compensation in MFA No.1777/2014 (MVC
No.2588/2010):

8. The age of the deceased is 55 years as on date of the
accident i.e., 19.10.2009. No document has been produced to
demonstrate her income. The Tribunal has assessed the income
of the deceased at ₹3,000/- per month. However, having
regard to the date of the accident, the notional income of the
deceased is re-assessed at ₹5,000/- per month.

9. The deceased, being aged 55 years, is entitled to future
prospects at 15% having regard to the judgment of the
Supreme Court in the case of National Insurance Company
4 rd
Limited Vs. Pranay Sethi & Others . 1/3 is required to be
deducted towards personal expenses. The applicable multiplier
adopted by the Tribunal is '11', which is just and proper.
Accordingly, the loss of dependency is re-assessed as ( ` 5,000/-
rd
+ 15% - 1/3 X 12 X 11) ₹5,06,000/- as against ₹2,64,000/-
awarded by the Tribunal.

4
(2017) 16 SCC 680


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C/W MFA No. 1777 of 2014

HC-KAR



10. The compensation towards loss of consortium is to be paid
to the claimants in terms of judgment of the Supreme Court in
Magma General Insurance Company Limited vs.
5
Nanu Ram Alias Chuhru Ram and others and hence, a
sum of (₹40,000 X 2) ₹80,000/- is awarded towards the same.

11. The compensation of ₹15,000/- each is to be awarded
towards loss of estate and funeral expenses. The compensation
awarded by the Tribunal on conventional heads is accordingly
modified.
12. Accordingly, the compensation is re-assessed as follows:

5
(2018) 18 SCC 130


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C/W MFA No. 1777 of 2014

HC-KAR


13. Hence, the appellants are entitled for enhanced
compensation of ( ` 6,16,000.00 – ` 3,24,000.00)= ` 2,92,000/-.

Re. the quantum of compensation in MFA No.1240/2014 (MVC
No.2587/2010):

14. The deceased was aged 3 years as on the date of accident
and the applicable multiplier is '18'. The income of the
deceased for the purpose of assessment of loss of dependency
is assessed, keeping in mind the date of the accident, as
₹5,000/- per month. 40% is required to be added towards
future prospects and 50% is to be deducted towards personal
expenses. Hence, the loss of dependency is re-assessed as
( ` 5,000/- + 40% - 50% X 12 X 18) ` 7,56,000/- as against
`
1,80,000/- awarded by the Tribunal.

15. A compensation towards loss of consortium is to be paid to
the claimants in terms of judgment of the Supreme Court in
Magma General Insurance Company Limited (supra)
and hence, a sum of (₹40,000 X 2) ₹80,000/- is awarded
towards the same.



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C/W MFA No. 1777 of 2014

HC-KAR


16. A compensation of ₹15,000/- each is to be awarded
towards loss of estate and funeral expenses. The compensation
awarded by the Tribunal on conventional heads is accordingly
modified.

17. The compensation awarded by the Tribunal towards future
prospects is set aside.

18. Accordingly the compensation awarded by the Tribunal
reassessed as follows:

19. Hence, the appellants are entitled for enhanced
compensation of ( ` 8,66,000.00 – ` 2,20,000.00)
` 6,46,000/-.
20. In view of the aforementioned, I pass the following




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NC: 2026:KHC:15057
MFA No. 1240 of 2014
C/W MFA No. 1777 of 2014

HC-KAR


ORDER
i) The above appeals are allowed in part;


ii)
The judgment and award dated 28.03.2013 passed
in MVC No.2587/2010 and 2588/2010 is modified
as under. In all other respects, the judgment and
award of the Tribunal remains unaltered;

a) The claimants in MFA No.1240/2014 are
entitled to a further compensation of
₹6,46,000/- together with interest at 6% per
annum from date of petition till date of payment,
in addition to the compensation awarded by the
Tribunal;

b) The claimants in MFA No.1777/2014 are
entitled to a further compensation of
₹2,92,000/- together with interest at 6% per
annum from date of petition till date of payment
in addition to the compensation awarded by the
Tribunal;

iii) The compensation awarded by the Tribunal as also
enhanced by this Court is liable to be paid by the
first respondent-insurer, who shall deposit the
same within a period of six weeks;



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iv) The compensation amount together with accrued
interest shall be disbursed in favour of the
claimants, in terms of the judgment of the Tribunal;

v) Registry to draw the modified decree accordingly;

vi) No costs.



SD/-
(C.M. POONACHA)
JUDGE





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