SRI KARIYANNA vs SRI NAGESH

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:60892
MFA No. 6679 of 2024


CNR: KAHC010577432024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 30 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.



MISCELLANEOUS FIRST APPEAL NO.6679 OF 2024(MV-D)



BETWEEN:

1. SRI. KARIYANNA,
AGED 55 YEARS,
SON OF RANGANATHAPPA,

2. SMT. NAGARATHNAMMA,
AGED 41 YEARS,
WIFE OF KARIYANNA,

3. KUMARI RAMYA K,
AGED 18 YEARS,
DAUGHTER OF KARIYANNA,
ALL ARE RESIDING AT MELEKOTE,
TAVAREKERE POST,
GOWDAGERE HOBLI, SIRA TALUK,
TAVAREKERE,
TUMAKURU - 572 139.











…APPELLANTS
(BY SRI ABHISHEK LAL, ADVOCATE FOR
SRI JAGADISH BALIGA N., ADVOCATE)


Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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AND:

1. SRI. NAGESH,
AGED ABOUT 38 YEARS,
SON OF KRISHNAPPA,
RESIDING AT 14TH WARD,
MAJJIGEYAVARA BEEDI,
DEVANAHALLI,
BENGALURU RURAL DISTRICT,
BENGALURU - 562 110.

2. THE NATIONAL INSURANCE
COMPANY LIMITED,
NO.144, 2ND FLOOR,
SHUBARAM COMPLEX, M G ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS
BRANCH MANAGER.

3. SRI. DOMMETII VISWANADH,
AGED ABOUT 55 YEARS,
SON OF SYAM PRAKASH DOMMETTI,
NO.204, V BLOCK,
GREEN PLAN APARTMENT,
BALAJI LAYOUT, CHOKKANAHALLI,
BENGALURU - 560 064.

4. THE FUTURE GENERAL INDIA
INSURANCE COMPANY LIMITED,
NO.573, 2ND FLOOR, 3RD MAIN,
2ND BLOCK, R T NAGAR,
BENGALURU - 560 032.
REPRESENTED BY ITS
BRANCH MANAGER.
REPRESENTED BY ITS
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:60892
MFA No. 6679 of 2024


CNR: KAHC010577432024



BRANCH MANAGER.

…RESPONDENTS
(BY SRI H.C. BETSUR, ADVOCATE FOR R2;
SRI B.C. SHIVANNEGOWDA, ADVOCATE FOR R4;
NOTICE TO R1 & R3 IS DISPENSED WITH VIDE ORDER
DATED 16.10.2026)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.07.2023 PASSED IN MVC
NO.969/2019 ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL, BENGALURU (SCCH-23), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.

ORAL JUDGMENT


1. This is the appeal filed under Section 173(1) of
the Motor Vehicles Act, 1988 (in short, 'MV Act') by the
appellants/claimants not satisfied with the quantum of
compensation awarded in the Judgment and award dated
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:60892
MFA No. 6679 of 2024


CNR: KAHC010577432024



20.07.2023 in MVC No.969/2019 on the file XXI Addl.
Small Cause Judge and Member Motor Accident Claims
Tribunal, Bengaluru (SCCH-23) (in short, 'the Tribunal').

2. The parties would be referred with their ranks,
as they were before the Tribunal for the sake of
convenience and clarity.

3. The facts established before the Tribunal are
that on 19.12.2018 at 1:30 pm, Manjunatha K. was sitting
nd
on the park platform near HMT layout, park road, 2 cross
junction, Bengaluru city; at that time, a Maruti Swift Dzire
car bearing registration No.KA-53/ N-4730 (in short, 'the
offending vehicle') was driven by its driver rashly and
negligently and dashed to a Bolero vehicle bearing
registration No.KA-02/ AG-3574 as a result of which,
Bolero vehicle dashed against Manjunatha K and he
sustained grievous injuries. Immediately he was shifted to
Raghavendra People Tree Hospital. However, he
succumbed to those injuries on the same day in the
Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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hospital. The claimants are parents and younger sister of
the deceased. The age of the deceased was 18 years as on
the date of the accident. Hence, the claimants have filed
the claim petition seeking compensation.

4. Respondents No.1 and 2-the owner and the
insurance Company of the offending vehicle have filed
their written statement and respondents No.3 and 4-the
owner and insurance Company of the Bolero vehicle have
filed their separate written statement. All the respondents
have filed their written statement separately denying the
accident and involvement of their vehicle.

5. After framing issues, recording evidence and
hearing arguments, the Tribunal came to the conclusion
that the accident occurred due to the rash and negligent
driving of the driver offending Swift Dzire car and
dismissed the claim petition against the owner and
insurance Company of Bolero vehicle and further held that
Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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the claimants are entitle for total compensation of
` 16,22,000/- under the following heads:
1 Towards loss of dependency ` 15,12,000/-
2 Towards loss of filial
` 80,000/-
consortium to the petitioner
No.1 and 2 ( ` 40,000/- each)
3 Towards loss to the estate ` 15,000/-
4 Towards transportation of
` 15,000/-
dead body funeral and
obsequies ceremony expenses
Total ` 16,22,000/-


6. Not satisfied with the aforesaid compensation,
the claimants are before this Court.

7. Heard arguments of both sides.

8. The learned counsel for the appellant
Sri Abhishek would submit that the date of accident is
19.12.2018. The age of deceased is 18 years. He left
Digitally Signed By:
K B GEETHA

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behind his parents and younger sister. Thus, as on the
date of accident, the notional income of the deceased shall
be taken at ` 12,500/-, but the Tribunal has taken it only at
` 10,000/-. Furthermore, compensation is not awarded to
the claimant No.3 under the head ‘loss of consortium’ and
escalation charges are not awarded under the conventional
heads. Hence, prays for allowing the appeal.

9. The learned counsel for respondent No.2
Sri H.C. Betsur would submit that the income of the
deceased taken at ` 10,000/- p.m. by the Tribunal is just
and reasonable because the claimants have stated in the
claim petition and in the evidence that the income of the
deceased was ` 10,000/- p.m. Hence, the claimants are not
entitled for enhancement as prayed in the appeal memo.
As far as the compensation under conventional heads is
concerned, the compensation awarded by the Tribunal is
just and reasonable and hence prayed for dismissal of the
appeal.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:60892
MFA No. 6679 of 2024


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10. Having heard arguments of both sides, verifying
the appeal papers, the point that arise for consideration is:
"Whether the claimants are entitled for
enhancement of the compensation?"

11. The finding of this Court on the above point is
in the Affirmative for the following:
REASONS

12. The facts established before the Tribunal are
that the deceased Manjunatha sustained fatal injuries in
the road traffic accident involving the offending car and
Bolero vehicle; the claimants are parents and younger
sister of the deceased. The deceased was aged about 18
years at the time of accident. As per the averments in the
claim petition and evidence of PW.1, the deceased was
earning ` 10,000/- per month. Hence, even though as per
the chart prepared by Karnataka State Legal Services
Authority, the notional income is ` 12,500/-; this Court
Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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`
opines that the income of 10,000/- taken by the Tribunal
is just and reasonable and it requires no interference.
Hence, the compensation awarded to the claimants under
the head ‘loss of dependency’ does not require
interference.

13. As far as conventional heads are concerned, the
Tribunal has not awarded the escalation charges as per
the guidelines given by the Hon'ble Apex Court in
National Insurance Company Limited vs. Pranay
Sethi and others , reported in (2017) 16 Supreme
. Hence, the claimants are entitled for
Court Cases 680
10% + 10% towards escalation charges on the amount
awarded under the conventional heads.

14. By placing reliance on the judgment of Hon’ble
Supreme Court in the case of Magma General
Insurance Co. Limited v. Nanu Ram & Others,
reported in 2018 ACJ 2782, this Court opines that the
Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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claimant No.3 being the minor younger sister of the
deceased is also entitled for compensation towards ‘loss of
consortium’ at ` 40,000/- + 10% + 10% escalation
charges. Thus, the claimants are entitled for ` 48,400/- x 3
= ` 1,45,200/- towards ‘loss of consortium’. As far as ‘loss
of estate’ and ‘transportation of dead body and funeral
expenses’ is concerned the claimants are entitled for
`15,000/- + 10% + 10% = 18,150/- under each head.

15. Hence, the claimants are entitled for
compensation under following heads:
1 Towards loss of dependency ` 15,12,000/-
`
2 Towards loss of consortium 1,45,200/-
3 Towards loss of estate ` 18,150/-
4 Towards transportation of
` 18,150/-
dead body and funeral
expenses
Total ` 16,93,500/-

Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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16. Hence, this Court passes the following:
ORDER

a. Appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988 is allowed in part .

b. Judgment and award dated 20.07.2023 passed
in MVC No.969/2019 on the file XXI Addl. Small
Cause Judge and Member Motor Accident Claims
Tribunal, Bengaluru (SCCH-23) is modified
holding that the claimants are entitled for total
compensation of ` 16,93,500/- as against
` 16,22,000/- awarded by the Tribunal.

c. The enhanced compensation shall carry interest
at 6% per annum from the date of petition till
realization. However, the claimants are not
entitled for interest for the delayed period of 327
days.
Digitally Signed By:
K B GEETHA

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MFA No. 6679 of 2024


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d. The respondent No.2 shall deposit the
compensation amount with accrued interest
before the Tribunal within a period of 8 weeks
from the date of receipt of certified copy of this
judgment.

e. Apportionment, disbursement and deposit shall
be as per the order of the Tribunal.

f. No order as to costs

g. Draw modified award accordingly.


Digitally Signed By:
K B GEETHA

(GEETHA K.B.)
JUDGE

LL
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