Nagaraju. H. J. Vs Sri. Jaganath Durgappa

RELIANCE GENERAL INSURANCE COMPANY LTD., 4^TH FLOOR, CHINTAMANI AVENUE, NEXT TO NIRVANI INDUSTRIAL ESTATE, W. EXP. HIGHWAY, GOREGAON EAST, MUMBAI, MAHARASTRA - 400 613,

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NOW REP. BY ITS REGIONAL OFFICE, RELIANCE GENERAL INSURANCE COMPANY LTD., WEST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001, BY ITS MANGER.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 02.07.2026, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 26/11/2025 PASSED IN MVC NO.89/2024 ON THE FILE OF THE XXI ADDL. SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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HC-KAR

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IN MFA NO. 1330/2026

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BETWEEN:

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THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 4^TH FLOOR, CHINTAMANI AVENUE, NEXT TO NIRVANI INDUSTRIAL ESTATE, W. EXP. HIGHWAY, GOREGAON EAST, MUMBAI, MAHARASHTRA - 400 613.

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NOW REP. BY THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., NO.28, 5^TH FLOOR, WEST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001.

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...APPELLANT

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(BY SRI. B. PRADEEP, ADVOCATE)

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AND:

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NAGARAJU H. J. S/O JAYARAMAIAH, AGED ABOUT 42 YEARS,

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SMT. KAVITHA M.G. W/O NAGARAJU H.J. AGED ABOUT 41 YEARS,

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KUM. MENAKA H.N. D/O NAGARAJU H.J. NOW AGED ABOUT 19 YEARS,

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ALL ARE R/AT JAYANNA COMPLEX, BHARATHI NAGAR, HUNASAMARANAHALLI, HOSAHALLI, BENGALURU - 562 157.

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HC-KAR

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JAGANATH DURGAPPA, S/O. DURGAPPA, MAJOR, NO.827, NAGARJUNA LIG APTS, KHB COLONY, NO.11, 5^TH PHASE, YELAHANKA, BENGALURU - 560 064.

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...RESPONDENTS

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(BY SRI. B CHANDRASHEKHARAIAH, ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 29.04.2026, NOTICE TO R4 IS DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.26.11.2025 PASSED IN MVC NO.89/2024 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT AT BENGALURU, PARTLY ALLOWING COMPENSATION OF RS.28,37,900/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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MFA No.3274/2026 is filed by the claimants seeking

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enhancement of compensation awarded in the Judgment

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and Award dated 26.11.2025 passed in MVC No.89/2024

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by XXI Additional Small Causes Judge and Member, MACT,

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HC-KAR

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Bengaluru (SCCH-23) and MFA No.1330/2026 is filed by the Insurer challenging the liability and quantum of compensation awarded by the Tribunal.

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Even though the matter is listed today for orders/admission, with the consent of both the learned counsels appearing for the parties, the matter is taken up for disposal.

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The claimants made a claim petition seeking for award of compensation for the death of H.N. Likith Gowda in a road traffic accident occurred on 20.11.2023 contending that the accident occurred due to rash and negligent driving by the driver of TATA Ace bearing registration No.KA-50-7624.

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The Tribunal recorded the evidence adduced by

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the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

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compensation under various heads as under:

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HC-KAR

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Sl. No.	Particulars			Amount
1.	Towards loss dependency	of	Rs.	27,21,600/-
2.	Towards loss of Consortium to petitioner Nos.1 and 2	Filial the	Rs.	80,000/-
3.	Towards loss of estate		Rs.	18,150/-
4.	Towards transportatio dead body funeral obsequies cere expenses	n of and mony	Rs.	18,150/-
	Total		Rs.	28,37,900/-

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The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realisation and directed the respondent No.2/Insurer to pay the compensation amount with interest.

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The Insurer challenging the liability and the claimants seeking enhancement of compensation filed appeals.

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Heard the learned counsel for claimants and

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learned counsel for insurer.

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Learned counsel for claimants would contend

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that, the deceased was a student of III year LL.B. and he

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HC-KAR

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was a bright student. Considering the same, the income

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taken by the Tribunal at Rs.18,000/- is on lower side. The Tribunal has not awarded consortium to the sister of deceased. The Tribunal has not taken into consideration escalation at 20% since the accident occurred after six years of the decision of Hon'ble Apex Court in the case of NATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017 SC 5157. With

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these, he prayed to allow the appeal filed by the claimants.

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Learned counsel for the insurer would contend that, deceased was aged nineteen years as on the date of accident and considering the same, the income taken by the Tribunal at Rs.18,000/- is on higher side. With these, he prayed for allow the appeal filed by the insurer.

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Having heard the learned counsels appearing

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for the parties, the Court has perused the Judgment and Award.

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HC-KAR

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The deceased was aged nineteen years and he

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was a student of III year LL.B. Considering the fact that the deceased was a bright student of LL.B., the income taken by the Tribunal at Rs.18,000/- per month is on lower side and the income of the deceased is to be taken at Rs.20,000/- per month.

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The Tribunal has rightly taken future prospects at 40% deducted 50% towards personal expenses and applied multiplier '18'. In view of the same, loss of dependency as under:

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20,000 - 50% = 10,000 + 4,000 (40%) = 14,000 X

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12 X 18 = 30,24,000.

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The Tribunal has awarded compensation of

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Rs.80,000/- to claimant Nos.1 and 2 (parents of the deceased). The Tribunal has not awarded consortium to claimant No.3 who is the younger sister of the deceased. The claimant No.3 being a sister of deceased, she is also entitled for loss of consortium. Since the accident has

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HC-KAR

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taken place after six years of the decision of Hon'ble Apex

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Court in the case of N ATIONAL INSURANCE COMPANY vs. PRANAY SETHI AND OTHERS reported in AIR 2017

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SC 5157, t he claimants are entitled to 20% escalation on conventional heads namely consortium, loss of estate and funeral expenses and transportation of dead body. The Tribunal has already calculated the loss of estate and funeral expenses by taking 20% escalation. The claimants are entitled to loss of consortium in a sum of Rs.48,000/-

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each i.e., Rs.1,44,000/- (48,000 X 3).

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Considering all the above aspects, the claimants

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are entitled to total compensation under various heads as under:

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Sl.	Compensation Heads		Amount
No.
1.	Loss of dependency	Rs.	30,24,000/-
2.	Loss of consortium	Rs.	1,44,000/-
3.	Loss of estate	Rs.	18,150/-
4.	Funeral expenses and transportation of dead body	Rs.	18,150/-
	Total	Rs.	32,04,300/-

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HC-KAR

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The claimants are entitled to total compensation

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of Rs.32,04,300/- as against Rs.28,37,900/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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Consequently, the claimants are entitled to enhanced compensation of Rs.3,66,400/- (32,04,300 - 28,37,900) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.2/insurer is liable to pay

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enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal No.1330/2026 filed by the insurer is dismissed .

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ii) Miscellaneous First Appeal No.3274/2026 filed by the claimants is allowed-in-part .

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iii) The claimants are entitled to enhanced compensation of Rs.3,66,400/with interest at the rate of 6% per annum from the date of petition till realisation.

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HC-KAR

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iv) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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v) Office is directed to transmit the amount in deposit to the Tribunal.

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vi) The share among the claimants as determined by the Tribunal remains unaltered.

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Office is directed to return the Trial Court records to the Tribunal if received.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 16

Nagaraju. H. J. v. Sri. Jaganath Durgappa

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Nagaraju. H. J. v. Sri. Jaganath Durgappa

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