Smt. P.S. Jayashree Vs Kiran Kumar — Motor Accident Claims | Karnataka HC (2025)

Smt. P.S. Jayashree Vs Kiran Kumar — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

MFA No.6447/2014 (claimants' enhancement appeal) dismissed; MFA No.8105/2014 (insurer's quantum appeal) allowed-in-part. Tribunal's judgment and award modified: total compensation fixed at Rs.13,50,000/- (as against Rs.16,10,000/-) with interest at 6% per annum from the date of filing of the claim petition till realisation. Insurance Company directed to deposit the entire compensation with accrued interest within six weeks of receipt of a copy of the judgment; apportionment, disbursement and deposit in terms of the Tribunal's award; modified award to be drawn; no order as to costs.

Issue for consideration

Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement or reduction (point framed for consideration in the appeals).

Court's answer

The Insurance Company did not dispute the accident, the cause of death of the deceased, or its liability to pay compensation; the appeals therefore turned solely on quantum.

Ratio / Principle

The Tribunal's assessment of the deceased's income at Rs.25,000/- was upheld as having yielded fair and reasonable compensation; no interference was called for on that head.

Key takeaways

The income-tax returns relied on by the claimants were submitted after the death of the deceased and were therefore rightly not considered by the Tribunal.ratio¶¶80
In view of Magma General Insurance Co. Ltd. v. Nanu Ram (2018) 18 SCC 130 and National Insurance Co. Ltd. v. Pranay Sethi 2017(16) SCC 680, each claimant is entitled to Rs.40,000/- towards loss of consortium; the claimants being the widow and two children, the consortium award totals Rs.1,20,000/- (the Tribunal's higher awards under the conventional heads being found excessive).ratio¶¶84
Compensation towards 'loss of estate' fixed at Rs.15,000/- and towards 'funeral expenses' at Rs.15,000/-, replacing the Tribunal's higher awards under these heads.

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Division Bench: D K Singh & Venkatesh Naik T, JJ.; oral judgment per Venkatesh Naik T), 24.09.2025 — cross-appeals MFA No.6447/2014 (claimants seeking enhancement) and MFA No.8105/2014 (Reliance General Insurance challenging quantum) against the award dated 01.03.2014 of the II Additional Senior Civil Judge, MACT, Mangalore in MVC No.1734/2011, arising from the fatal accident of 31.01.2011 near Beliyooru village, Bantwal Taluk, in which a bus (KA-20-C-8448) driven at high speed in a rash and negligent manner dashed an Indica car (KA-19-Z8091), killing M.R. Krishnamurthy. With accident, cause of death and liability undisputed, the court confined itself to quantum: it upheld the Tribunal's assessment of the deceased's income at Rs.25,000/- (income-tax returns produced after his death being rightly disregarded) and, invoking Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130 and National Insurance Co. Ltd. v. Pranay Sethi, 2017(16) SCC 680, scaled the conventional heads down to Rs.40,000/- per claimant towards loss of consortium (Rs.1,20,000/- for the widow and two children), Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. Aggregate entitlement fixed at Rs.13,50,000/- (including Rs.12,00,000/- loss of dependency) against the Tribunal's Rs.16,10,000/- — a reduction of Rs.2,60,000/-. MFA No.6447/2014 dismissed; MFA No.8105/2014 allowed-in-part; interest maintained at 6% p.a. from the date of the claim petition till realisation; deposit directed within six weeks; apportionment and disbursement per the Tribunal's award.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^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. 6447 OF 2014 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 8105 OF 2014 (MV-D)

IN MFA No. 6447/2014

BETWEEN:

SMT. P.S.JAYASHREE, W/O. LATE M.R.KRISHNA MURTHY, AGED ABOUT 58 YEARS,

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

KUM. M.K.PRIYA, D/O. LATE M.R.KRISHNA MURTHY, AGED ABOUT 27 YEARS,

BOTH ARE RESIDING AT MAYUR RESIDENCY, FLAT NO. 502, PANDESWARA, MANGALORE,

PRESENT ADDRESS: NO.194, AISWARYA, 100 FT RING ROAD, BANASHANKARI 3^RD STAGE, BENGALURU - 560085.

SMT. PREETHI M.K., D/O. LATE M.R.KRISHNAMURTHY, AGED ABOUT 41 YEARS,

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CURRENTLY RESIDING AT 3829, 33^RD AVE W, SEATTLE, WA 98199.

(AMENDED CAUSE TITLE AS PER COURT ORDER DATED 16.04.2025)

…APPELLANTS

(BY SRI. BHARGAVA D.BHAT, ADVOCATE)

AND:

KIRAN KUMAR, S/O. KESHAVA BANGERA, AGED ABOUT 43 YEARS, BIDRA HOUSE BELIYOORU VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 574211.

M/S. RELIANCE GENERAL INSURANCE CO. LTD., BR. OFFICE AT MAXIMUM COMMERCIAL COMPLEX, 4^TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANKATTA, MANGALORE, D.K.DISTRICT - 577001. BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SRI. PRADEEP B., ADVOCATE FOR R2; VIDE ORDER DATED 26.06.2015 NOTICE TO R1 DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.03.2014 PASSED IN MVC NO.1734/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 8105/2014

BETWEEN:

THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, MAXIMUM COMMERCIAL COMPLEX, 4^TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANKATTA, MANGALORE, D.K.

THE LEGAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE 5^TH FLOOR, CENTENARY BUILDING, NO.28, M.G. ROAD, BENGALURU - 560001.

...APPELLANT

(BY SRI. PRADEEP B., ADVOCATE)

AND:

P.S.JAYASHREE, W/O. M.R.KRIHNA MURTHY, AGED ABOUT 58 YAERS,

M.K.PRIYA, D/O. LATE M.R.KRISHNA MURTHY, AGED ABOUT 27 YEARS

R1 AND R2 ARE R/AT MAYURA RESIDENCY, FLAT NO.502, PANDESHWARA, MANGALORE,

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D.K. DISTRICT - 575001.

KIRAN KUMAR, S/O. KESHAVA BANGERS, AGED ABOUT 43 YEARS, R/AT BIDRA HOUSE, BELIYOORU VILLAGE, BANTWAL TALUK, D.K. DISTRICT - 575001.

...RESPONDENTS

(BY SRI. BHARGAVA D.BHAT, ADVOCATE FOR R1 & R2; VIDE ORDER DATED 04.08.2015 NOTICE TO R3 DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2014 PASSED IN MVC NO.1734/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALORE, D.K., AWARDING COMPENSATION OF Rs.3,67,025/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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

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ORAL JUDGMENT

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

Heard the learned counsel for the appellant and learned counsel for the respondent.

Miscellaneous First Appeal No.8105/2014 is filed by the Insurance Company on the grounds of quantum of compensation challenging the Judgment and award dated 01.03.2014 passed by the II Additional Senior Civil Judge, Mangalore D.K., (for short 'the Tribunal') in MVC No.1734/2011 where as Miscellaneous First Appeal No.6447/2014 is filed by the appellants - claimants for enhancement of compensation being aggrieved by the judgment and award passed by the Tribunal.

For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal.

Brief facts of the case are that on 31.01.2011 at about 3:30 p.m., when M.R.Krishnamurthy (the deceased)

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was traveling in Indica Car bearing Registration No.KA-19-Z8091 from Bangalore to Mangalore along with other claimants observing all traffic rules and regulations, when they reached Karuvelu Pachchadi of Beliyooru village, Bantwal Taluk, the driver of the bus bearing Reg.No.KA-20-C-8448 came from the opposite side in high speed, rash and negligent manner without following the traffic rules, thus, dashed against the said Indica car. Due to the impact, M.R.Krishna Murthy, the husband of the claimant No.1 and father claimant No.2 in MVC.No.1734/2011 sustained grievous injuries and were shifted to Government hospital, Puttur, and after examining him, the doctors declared that M.R.Krishna Murthy died due

to grievous injuries on vital parts of the body. This led to registration of FIR and investigation.

Sri. Bhargava D Bhat, learned counsel for the appellants - claimants vehemently contended that the Tribunal granted meager compensation considering the income of the deceased at Rs.25,000/- which is on lower side. In fact the deceased was a retired General Manager

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worked in a private company but the Tribunal has considered

the notional income, which is meager. Hence, he prays to allow the appeal.

Sri. B. Pradeep, learned counsel for the

respondent - Insurance Company vehemently contended that the Tribunal awarded high and exorbitant compensation under the head 'loss of consortium', 'funeral expenses', 'loss of Estate' and 'loss of love and affection which is on higher side.

We have perused the material available on record.

Having heard the learned counsels for both the parties, the point that would arise for our consideration in the appeal is:

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

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In the instant appeals, the Insurance Company

has not disputed the accident, cause of death of deceased and liability to pay compensation to the claimants.

Insofar as quantum of compensation is concerned the Tribunal assessed the income of deceased at Rs.25,000/and has granted fair and reasonable compensation. Hence, no interference is called for in that regard. Though the claimants have relied on the income tax returns of the deceased, the income tax returns has been submitted after the death of the deceased. Therefore, the Tribunal has rightly not considered the said documents. Thus, no interference is called for in that regard.

Insofar as compensation awarded by the Tribunal in respect of loss of consortium, love and affection, loss of estate is concerned, the Tribunal has awarded higher compensation under these heads i.e., a sum of Rs.1,00,000/, Rs.2,00,000/- and Rs.1,00,000/- respectively which is on higher side. In view of the judgment of Hon'ble Apex Court in

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the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM ALIAS CHUHRURAM AND OTHERS reported in (2018) 18 SCC 130 and NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680 , the claimants are entitled to Rs.40,000-/ each towards ‘loss of consortium’. The claimants are widow and two children and hence, they are entitled to compensation of Rs.1,20,000/- under the head ‘loss of consortium’ and Rs.15,000/- towards ‘ loss of estate ’ and Rs.15,000/- for ‘ funeral expenses’ .

Thus, the claimants are entitled for the following

compensation:

HEADS	Rs.
Loss of dependency	12,00,000.00
Loss of consortium	1,20,000.00
Funeral expenses	15,000.00
Loss of estate	15,000.00
TOTAL	13,50,000.00
Less: Compensation awarded by the Tribunal	16,10,000.00
REDUCED COMPENSATION	2,60,000.00

In the result, we pass the following:

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O R D E R

i. The MFA No.6447/2014 is dismissed and MFA

No.8105/2014 is allowed-in-part .

ii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled to a total compensation of Rs.13,50,000 /- as against Rs.16,10,000/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its realization.

iii. The respondent – Insurance Company is directed to deposit the entire compensation amount together with accrued interest within six weeks from the date of receipt of a copy of this judgment.

iv. Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal.

v. Draw modified award accordingly.

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vi. No order as to costs.

Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith.

In view of the disposal of the appeal, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration.

Sd/(D K SINGH) JUDGE

Sd/(VENKATESH NAIK T) JUDGE

RKA List No.: 1 Sl No.: 25