Mr Krishnappa @ Krishna Vs the Divisional Manager — Motor Accident Claims | Karnataka HC (2025)

Mr Krishnappa @ Krishna Vs the Divisional Manager — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

MFA No.3043/2018 dismissed; MFA No.3044/2018 allowed-in-part. Award in MVC No.5157/2016 modified: compensation raised from Rs.15,03,000/- to Rs.15,46,400/- (enhancement Rs.43,400/-) with interest at 6% p.a. from the date of filing of the claim petition till realization; apportionment, deposit and release left unaltered; modified award to be drawn; Registry directed to send back Tribunal records with a copy of the judgment.

Issue for consideration

Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement? +2 more

Court's answer

The Insurance company did not dispute the accident, the cause of death of Girish and Ganesh, or its liability to pay compensation.

Ratio / Principle

Notional income of deceased Girish re-assessed at Rs.9,500/- p.m.: claimants furnished no proof of income, so the Court acted on the circular issued by the Karnataka State Legal Services Authority and the High Court Legal Service Committee, Bengaluru, instead of the Tribunal's Rs.9,000/-.

Key takeaways

Multiplier of '18' applied to deceased Girish, who was aged 19 years as on the accident, an aspect not disputed by the insurer.ratio¶¶75
Deduction towards personal expenses fixed at 50% because deceased Girish died a bachelor leaving behind his father and mother.ratio¶¶75
40% added towards future prospects to the income of deceased Girish, following the ratio in National Insurance Company Limited v. Pranay Sethi ((2017) 16 SCC 680), the Tribunal having granted no future prospects.ratio

Detailed headnote1 paragraphs

Karnataka High Court (DB: D K Singh; oral judgment per Venkatesh Naik T), 08-09-2025 - common disposal of twin enhancement appeals under S.173(1) MV Act by the family of Girish (MFA 3044/2018; MVC 5157/2016) and the family of Ganesh A (MFA 3043/2018; MVC 2422/2016), both riders killed on 18.02.2016 when a lorry (KA-21-A-0427) dashed their motorcycle (KA-05-HB2207) near Madapura village. Insurer (New India Insurance Company Ltd.) did not dispute accident, cause of death or liability. For Girish: notional income raised from Rs.9,000 to Rs.9,500 p.m. (no income proof; KSLSA/High Court Legal Service Committee circular), multiplier 18, 50% personal deduction (bachelor survived by parents), 40% future prospects per Pranay Sethi ((2017) 16 SCC 680) giving dependency Rs.14,36,400; consortium Rs.80,000 (Rs.40,000 x 2) per Magma ((2018) 18 SCC 130); funeral Rs.15,000; estate Rs.15,000; total Rs.15,46,400 against Tribunal's Rs.15,03,000 - enhancement Rs.43,400; appeal allowed-in-part. For Ganesh: Tribunal's figures (income Rs.10,000; dependency Rs.16,20,000 with multiplier 18; love and affection Rs.30,000; transportation/funeral Rs.25,000) all held fair and reasonable; appeal dismissed. Interest in both cases reduced from 8% to 6% p.a. (date of petition till deposit/realization) following this Court's decision in Ms. Joyeeta Bose (MFA 5896/2018) read with S.34 CPC.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH AND

THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.3044 OF 2018 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.3043 OF 2018 (MV-D)

IN MFA No.3044/2018

BETWEEN:

MR. KRISHNAPPA @ KRISHNA S/O. MUNIVENKATAPPA @ MUNIBAIRAPPA AGED ABOUT 42 YEARS.

SMT. JAYAMMA @ JAYA W/O. KRISHNAPPA @ KRISHNA AGED ABOUT 39 YEARS

Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

BOTH ARE RESIDING AT # 229, KANAKAPURA MAIN ROAD IST BLOCK, SOMMANAHALLI UTTARHALLI (H), BENGALURU SOUTH BENGALURU-560 082.

…APPELLANTS

(BY SRI GURUDEVA PRASAD K.T., ADVOCATE)

AND:

THE DIVISIONAL MANAGER NEW INDIA INSURANCE COMPANY LTD., T.P. CLAIMS HUB MAHALAKSHMI CHAMBERS 2ND FLOOR, M.G.ROAD BENGALURU-560 001.

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MR. SAJI S/O. YOHANNAN RESIDING AT NO.19 EDIGAH MASID COMPLEX MYSORE-570 021.

…RESPONDENTS

(BY SRI C.R. RAVISHANKAR, ADVOCATE FOR R-1; VIDE COURT ORDER DATED 3-2-2025, NOTICE TO R-2 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24-10-2017, PASSED IN MVC NO.5157 OF 2016, ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM., AND MEMBER, MACT, (SCCH-24), BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA NO.3043/2018

BETWEEN:

MR. APPAJI S/O. LATE MARIYAPPA AGED ABOUT 39 YEARS.

SMT. LALITHA W/O. APPAJI AGED ABOUT 36 YEARS.

MASTER BHARATH KUMAR A. S/O. APPAJI AGED ABOUT 17 YEARS

APPELLANT NO.3 IS THE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER 2^ND APPELLANT SMT. LALITHA

ALL ARE RESIDING AT C/O. PARASHIVRAM BUILDING SOMANAHALLI, 3RD BLOCK

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KANAKAPURA MAIN ROAD BENGALURU-560 082

...APPELLANTS

(BY SRI GURUDEV PRASAD K.T., ADVOCATE)

AND:

THE DIVISIONAL MANAGER NEW INDIA INSURANCE COMPANY LTD., T.P. CLAIMS HUB MAHALAKSHMI CHAMBERS 2ND FLOOR, M.G.ROAD BENGALURU-560 001.

MR. SAJI S/O. YOHANNAN RESIDING AT NO.19 EDIGAH MASID COMPLEX

MYSORE-570 021.

...RESPONDENTS

(BY SRI S.V. HEGDE MULKHAND, ADVOCATE FOR R-1; VIDE COURT ORDER DATED 5-2-2024, NOTICE TO R-2 IS DISPENSED WITH)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24-10-2017 PASSED IN MVC NO.2422 OF 2016 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE & 20TH ACMM & MEMBER MACT, BENGALURU, (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE MISCELLANEOUS FIRST APPEALS ARE COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

Heard learned counsel for the appellants/claimants and learned counsel for respondent-Insurance company.

These appeals are filed by the claimants for enhancement of compensation being aggrieved by the judgment and award dated 24.10.2017 passed in MVC No.2422/2016 and MVC No.5157/2016 by learned XXII Addl. Small Causes Judge and XX Addl. Chief Metropolitan Magistrate & M.A.C.T., Bengaluru (for short, 'Tribunal'), whereby, the Tribunal granted a compensation of Rs.16,75,000/-(in MVC No.2422/2016) and Rs.15,03,000(MVC No.5157/2016) respectively.

Since, both the appeals are arising out of common judgment and award passed by the Tribunal, they are disposed of by common judgment.

For the sake of convenience, parties are referred to as they are referred to in the claim petition before the Tribunal.

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Brief facts of the claimant's case before the Tribunal are as under:-

On 18.02.2016, at about 7.00 a.m., the deceased Ganesh A, was riding his motor cycle bearing registration No.KA-05-HB2207 alongwith his friend deceased Girish as a pillion rider on Mysore-Mahanandawadi main road from Mysore and proceeding towards H.D. Kote slowly, cautiously by observing all traffic norms, and when he came near Madapura village, at that time, all of a sudden, a lorry bearing registration No.KA-21-A-0427 driven by its driver with high speed in a rash and negligent manner without observing the traffic norms, lost control over the vehicle and came on a wrong lane and dashed against the motor cycle of the Ganesh from opposite direction. Due to the impact, Ganesh and Girish fell down on the road and sustained grievous head injuries and both of them succumbed to the injuries on the spot. This led to registration of FIR and investigation. In this regard, the claimants filed claim petition under Section 166 of Motor Vehicles Act, 1988, before the Tribunal.

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Learned counsel Sri Gurudeva Prasad. K.T. appearing for the claimants in MFA No.3044/2018 contended that prior to the accident, deceased Girish was aged about 19 years and was working as a Mechanic at M/s. Bosch Service Station, Yelachenahalli, and was earning Rs.15,000/- p.m., But the Tribunal, considered the notional income of the deceased at Rs.9,000/- p.m., which is on the lower side. Further, the compensation awarded by the Tribunal under the conventional head is also on the lower side. The Tribunal has not granted future prospects which is contrary to the ratio laid down in Magma General Insurance Company Ltd., vs. Nanu Ram alias Chuhru Ram and others reported in (2018) 18 SCC 130 and National Insurance Company Limited v. Pranay Sethi and others , reported in AIR 2017 SC 5157. Hence, learned counsel prayed to allow the appeal.

Per contra , Sri C.R. Ravishankar, and Sri. S.V. Hedge Mulkhand, learned counsel appearing for respondentsInsurance company supported the impugned judgment and awarded of the Tribunal and submits that considering the oral and documentary evidence on record, the Tribunal awarded

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just and reasonable compensation under each heads, which

does not call for any interference of this Court. Learned counsel further contended that the Tribunal awarded interest at 8% which is high and exorbitant and hence, it has to be reduced to 6%. Thus, they prayed for dismissal of the appeals.

Having heard learned counsel for both the parties and on perusal of the appeal memo including the original records and judgment and award passed by the Tribunal, the following point would arise for our consideration in these appeals:-

"Whether the quantum of compensation awarded by

the Tribunal is just and reasonable or does it call for enhancement?

In the instant appeals, the Insurance company has not disputed the accident, cause of death of deceased Girish and Ganesh and liability to pay the compensation.

Insofar as quantum of compensation awarded by the Tribunal is concerned, the Tribunal assessed the notional income of deceased Girish at Rs.9,000/-. Prior to the accident, deceased Girish was aged about 19 years and working as

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Mechanic at M/s. Bosch Service Station, Yelachanahalli. To substantiate this contention, the claimants have not furnished any documents. Therefore, in the absence of any proof of income, taking note of the circular issued by the Karnataka State Legal Services Authority and The High Court Legal Service Committee, Bengaluru, we deem it appropriate to re-assess the notional income of the deceased at Rs.9,500/- p.m. As on the date of the accident, the deceased was aged 19 years and the respondent Insurance company has not disputed this aspect. Thus, the multiplier applicable to the age of the deceased is '18'. Deceased Girish died bachelor leaving behind his father and mother. Thus, the proper deductions towards personal expenses of the deceased would be 50%. The Tribunal has not granted any future prospects. Considering the ratio laid down in the case of National Insurance Company Limited Vs. Pranay Sethi & Others , reported in (2017) 16 SCC 680 , we award 40% towards future prospects to the income of the Hence, the 'loss of dependency' is re-assessed as under:-

Rs.9,500/- +40% future prospects -50% x 12 x 18 = Rs.14,36,400/-

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In view of the ratio laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Company

Ltd., vs. Nanu Ram alias Chuhru Ram and others¹ , claimants being the father and mother, they are entitled to compensation of Rs.80,000/-(Rs.40,000x 2) towards 'loss of consortium' . In addition, the claimants are entitled to Rs.15,000/- towards ' funeral expenses' and Rs.15,000/towards 'loss of estate'. Thus, totally, the claimantsappellants (in MVC No.5157 of 2016), are entitled for a total compensation of Rs.15,46,400/- as per the table below:

Sl.No.	Head	Amount of Compensation in Rs.
1.	Loss of dependency	14,36,400-00
2.	Loss of Estate	15,000-00
3.	Loss of Consortium	80,000-00
4.	Towards Funeral Expenses	15,000-00
		15,46,400.00
	Less-Compensation awarded by the Tribunal	15,03,000.00
	TOTAL	+43,400.00

1 (2018) 18 SCC 130

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MFA No.3043/2018(MVC No.2422/2016)

The appellants/claimants have taken the contention that prior to the accident, deceased Ganesh was aged 19 years and was working as Sales Executive at Team Lease Services Limited and earning Rs.21,000/- per month. However, the Tribunal considered the income of the deceased at Rs.10,000/-, which is fair and reasonable and no interference is called for in that regard.

As on the date of the accident, the age of the deceased was 19 years and the respondent Insurance company has not disputed this aspect. The Tribunal has taken appropriate multiplier of '18' and has granted compensation of Rs.16,20,000/- towards 'loss of dependency', which is fair and reasonable and hence, no interference is called for in that regard.

Further, the Tribunal has granted compensation of Rs.30,000/- under the head 'loss of love and affection', which is also fair and reasonable, which requires no interference of this Court.

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Towards 'Transportation of body, funeral and

obsequies ceremony', the Tribunal has granted compensation of Rs.25,000/-, which is also fair and reasonable and hence, no interference is called for.

With regard to award of interest, the learned counsel for respondent No.1-Insurance Company vehemently argued to reduce the rate of interest awarded by the Tribunal at 8% per annum contending that the same is on the higher side. In the decision rendered by this Court in Miscellaneous First Appeal No.5896 of 2018 (MV) and connected matters in the case of Ms. Joyeeta Bose and Others v. Venkateshan V. and Others , wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, 1908, it has been held that rate of interest shall not exceed 6% per annum from the date of petition till the date of deposit. Therefore, in the present cases also, the rate of interest is reduced to 6% per annum from 8% per annum awarded by the Tribunal.

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Accordingly, we pass the following:

ORDER

i) MFA No.3043/2018 filed by the appellants/claimants is dismissed.

ii) MFA No.3044/2018 filed by the appellants/claimants is allowed-in-part.

iii) The judgment and award dated 24.10.2017 passed in MVC No.5157/2016 by learned XXII Addl. Small Causes Judge and XX Addl. Chief Metropolitan Magistrate & M.A.C.T., Bengaluru is modified to the extent stated herein above.

iv) The appellant/claimants are entitled for compensation of Rs.15,46,400/- as against Rs.15,03,000/- awarded by the Tribunal with enhanced compensation of Rs.43,400/- with interest at 6% p.a. from the date of filing of the claim petition till the date of its realization.

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v) In so far as, apportionment, deposit and release,

the judgment and award of the Tribunal shall remain unaltered.

vi) Draw modified award accordingly.

vii) Registry is directed to send back the Tribunal records along with copy of this judgment.

(D K SINGH) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

MN

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