SRI UMESH B D vs SMT BYATAMMA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 552 OF 2021 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4221 OF 2021
(MV-D)
IN MFA No. 552/2021
BETWEEN:
THE BRANCH MANAGER,
ORIENTAL INS. CO. LTD.,
BANGALORE,
BRANCH AT GARDEN AREA,
SHIVAMOGGA.
Digitally
signed by
SUSHMA
LAKSHMI
B S
Location:
High
Court of
Karnataka
NOW REPRESENTED BY
THE MANAGER,
ORIENTAL INS. CO. LTD.,
REGIONAL OFFICE, NO.44/45,
LEO SHOPPING COMPLEX,
RESIDENCY ROAD,
BANGALORE – 560 025.
…APPELLANT
(BY SRI. VIJAYA PHANEENDRA T. B., ADVOCATE FOR
SRI. A. N. KRISHNA SWAMY., ADVOCATE)
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
AND:
1. SR. UMESH B. D.,
S/O SHIVARAMA SHETTY,
AGED ABOUT 48 YEARS,
R/O II CROSS, SUGAR FACTORY,
INDIRA COLONY, MALAVAGOPPA,
SHIVAMOGGA.
2. SMT. VINODA,
W/O UMESH B. D.,
AGED ABOUT 46 YEARS,
R/O II CROSS, SUGAR FACTORY,
INDIRA COLONY, MALAVAGOPPA,
SHIVAMOGGA.
3. VEENA,
D/O UMESH B. D.,
AGED ABOUT 20 YEARS,
R/O II CROSS, SUGAR FACTORY,
INDIRA COLONY, MALAVAGOPPA,
SHIVAMOGGA.
4. SMT. BYATAMMA,
W/O RAMAIAH,
AGED ABOUT 62 YEARS,
R/O NO.13, S GOLLARAHALLI,
CHIKKANAHALLI POST,
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
TAVAREKERE HOBLI,
BENGALURU SOUTH DISTRICT.
5. MUTTURAJAIAH,
S/O RAMAIAH,
R/O NO.13, S GOLLARAHALLI,
CHIKKANAHALLI POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH DISTRICT.
6. CHANDRASHEKAR B. A.,
S/O ASHWATHANARAYANA IYER H.S.,
R/O NO.313, II CROSS,
MUNIREDDY LAYOUT,
DODDAKALASANDRA,
KANAKAPURA MAIN ROAD,
BENGALURU.
…RESPONDENTS
(BY SRI. KHUSHAL., ADVOCATE FOR
SRI. ABHINAY Y. T., ADVOCATE FOR R-1 TO R-3;
R-4 TO R-5 ARE SERVED AND UNREPRESENTED)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.07.2020, PASSED IN
MVC.NO.898/2018, ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND A.M.A.C.T., VI, SHIVAMOGGA, ALLOWING
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 4221/2021
BETWEEN:
1. SRI. UMESH B. D.,
S/O SHIVARAMA SHETTY,
AGED ABOUT 51 YEARS,
HOTEL EMPLOYEE,
R/O II CROSS, SUGAR FACTORY,
INDIRA COLONY, MALAVAGOPPA,
SHIVAMOGGA – 577 222.
2. SMT. VINODA,
W/O UMESH B. D.,
AGED ABOUT 47 YEARS,
R/O II CROSS, SUGAR FACTORY,
INDIRA COLONY, MALAVAGOPPA,
SHIVAMOGGA - 577 222.
3. VEENA B. V.,
D/O UMESH B. D.,
AGED ABOUT 21 YEARS,
R/O II CROSS, SUGAR FACTORY,
INDIRA COLONY, MALAVAGOPPA,
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
SHIVAMOGGA - 577 222.
...APPELLANTS
(BY SRI. KHUSHAL., ADVOCATE FOR
SRI. ABHINAY Y. T., ADVOCATE)
AND:
1. SMT. BYATAMMA,
AGED ABOUT 63 YEARS,
WIFE OF RAMAIAH,
R/O NO.13, S GOLLARAHALLI,
CHIKKANAHALLI POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH DISTRICT.
(OWNER OF CAR BEARING
REG NO KA-05/MG-9382)
2. MUTTURAJAIAH,
SON OF RAMAIAH,
AGED MAJOR,
R/O NO.13, S GOLLARAHALLI,
CHIKKANAHALLI POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH DISTRICT – 572 214.
(CAR BEARING REG NO.KA-05/MG-9382
DL NO KA-03-199500115270
FROM 09/02/1996 TO 22/03/2027)
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
3. ORIENTAL INSURNACE CO. LTD.,
BENGALURU BRANCH
AT GARDEN AREA SHIVAMOGGA – 577 201,
(POLICY BEARING NO.421600/31/2018/5888
VALID FROM 22/10/2017 TO 21/10/2018)
4. CHANDRASHEKHAR B. A.,
S/O ASHWATHANARAYANA IYER H. S.,
AGED MAJOR,
R/A NO.313, II CROSS,
MUNIREDDY LAYOUT,
DOODAKALLASANDRA,
KANAKAPURA MAIN ROAD,
BENGALURU - 560 062.
...RESPONDENTS
(BY SRI. VIJAYA PHANEENDRA T. B., ADVOCATE FOR
SRI. A. N. KRISHNA SWAMY., ADVOCATE FOR R3;
R1, R2 AND R4 ARE SERVED AND UNREPRESENTED)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 08.07.2020, PASSED
IN MVC.NO.898/2018, ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND A.M.A.C.T. VI, SHIVAMOGGA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
These two appeals are arising from the judgment and
award dated 08.07.2020 passed in MVC.No.898/2018 on the
file of the Principal Senior Civil Judge and AMACT-VI,
Shivamogga, wherein the Tribunal passed an award a sum of
Rs.25,66,000/-. The Insurance Company preferred an appeal in
MFA.No.552/2021 challenging the quantum and the claimants
preferred an appeal in MFA No.4221/2021 seeking
enhancement of compensation.
2. The case of the appellant is that the Vikshith has
suffered fatal injuries owing to the rash and negligent driving
by the driver of the car bearing registration No.KA-05/MG-
9382. The accident occurred on 26.01.2018. The deceased was
riding a bicycle. Due to the said accident, he had sustained
injuries and obtained treatment as inpatient for a period of one
month. Even after discharge from the hospital, he was taking
treatment till his death. He died on 20.04.2018, due to the
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
th
accidental injuries. He was studying 9 Standard at DVS High
School, Shivamogga. Therefore, a claim petition was filed
before the Tribunal. The Tribunal has awarded compensation as
stated supra.
In MFA No.552/2020
3. The submission of the learned counsel for the
appellant/Insurance Company is that the Tribunal had
committed serious error in not holding an enquiry as
contemplated under Section 168 of Motor Vehicles Act, while
determining the claim of the claimants. It is further submitted
th
that the deceased who was studying in 9 standard was not
earning Rs.12,000/- per month either actually or notionally.
Under the said circumstances, the income ought to have been
determined as per the Minimum Wages Act alone. However, the
Tribunal failed to take note of the said aspect, consequently,
the impugned judgment is passed, which is required to be set
aside.
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
In MFA.No.4221/2021
4. Learned counsel for the appellants submitted that
the Tribunal has not considered the income properly, the
Tribunal ought not to have deducted 50% of the personal
expenses and also not awarded 6% interest, instead of 9%.
Therefore, the award has to be modified accordingly in order to
meet the ends of the justice. By making such submissions,
learned counsel for the appellants, prays to allow the appeal.
5. Having considered the rival submissions of the
learned counsel for the respective parties, the Tribunal has
considered the loss of dependency by taking into consideration
the notional income of Rs.12,000/- per month, however, as per
the Minimum Wages Act, the minimum wages in the said zone
for the year 2014 is Rs.14,021.27/- per month. Hence, the
same has to be calculated as under the head of loss of
dependency:
Rs.14,021.27/- + 40% - 50% = Rs.9,814.8/-
Rs.9,814.8/- X 12 X 18 = Rs.21,20,016/-
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
6. The Tribunal has awarded compensation under the
other conventional heads except loss of estate and funeral
expenses are proper and correct. Therefore, these two
conventional heads are required to be enhanced a sum of
Rs.15,000/- each. The compensation under other heads are
proper and correct. Hence, the same does not require any
enhancement. Therefore, the enhanced compensation is
reproduced in the table given below:
Award amount
(In Rs.)
Sl.
Particulars
No.
Tribunal This Court
1 Loss of dependency 12,96,000/- 21,20,016/-
2 Traveling conveyance
70,000/- 70,000/-
expenses
3 Food and attendant charges 70,000/- 70,000/-
4 Loss of estate 15,000/- 30,000/-
5 Medical expenses 11,00,000/- 11,00,000/-
6 Funeral expenses 15,000/- 30,000/-
Total 25,66,000/- 34,20,016/-
7. Thus, the petitioners in MFA.No.4221/2021 are
entitled for enhanced compensation of Rs.8,54,016/- with
interest and therefore, the appeal deserves to be allowed in
part. Hence, the following:
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HC-KAR
NC: 2026:KHC:50760
MFA No. 552 of 2021
C/W MFA No. 4221 of 2021
CNR: KAHC010407832020
ORDER
i) The appeal filed by the Insurance Company in
MFA.No.552/2021 is dismissed .
ii) The appeal filed by the Claimants in
MFA.No.4221/2021 is allowed-in-part .
ii) The impugned judgment and award passed by the
Tribunal is modified by awarding a sum of Rs.8,54,016/- in
addition to what has been awarded by the Tribunal together
with interest at 6% p.a. from the date of petition till its deposit.
iii) The Insurance Company is directed to deposit the
entire compensation amount within a period of eight weeks
from the date of this order.
iv) The apportionment of the compensation amount to
be payable to the claimants as per the award of the Tribunal.
The Registry is directed to transmit the record along with
the order to the Tribunal for necessary compliance.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 40