Sowbhagya Vs Iffco-Tokio General Insurance Co. Ltd.

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1 - NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3960 OF 2023 (MV-D)

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BETWEEN:

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SOWBHAGYA W/O LATE RAJANNA, AGED ABOUT 52 YEARS, RESIDING AT NO.42-1, 4^TH CROSS, 'B' MAIN, RAMAYYA LAYOUT, 2^ND STAGE PEENYA, BANGALORE - 58.

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SRI. MAJUNATHA R. S/O LATE RAJANNA, AGED ABOUT 33 YEARS, RESIDING AT NO.42-1, 4^TH CROSS, 'B' MAIN, RAMAYYA LAYOUT, 2^ND STAGE PEENYA, BANGALORE - 58.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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SRI. MANOHAR R. S/O LATE RAJANNA, AGED ABOUT 31 YEARS, RESIDING AT NO.42-1, 4^TH CROSS, 'B' MAIN, RAMAYYA LAYOUT, 2^ND STAGE PEENYA, BANGALORE - 58.

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…APPELLANTS

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(BY SRI. SHRIPAD V. SHASTRI, ADVOCATE)

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2 - NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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AND:

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IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO.1586, OPP. BEO OFFICE, 1^ST FLOOR, K.R. ROAD, VIDYANAGAR, MANDYA - 571 400.

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MR. JAYARAMU C.A. S/O ANKEGODA, MAJOR, R/AT NO.39, CHAMALAPURA VILLAGE, KEELARA POST, KERAGODU HOBLI, MANDYA DIST. - 571 401.

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…RESPONDENTS

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(BY SRI. SEETHA RAMA RAO B.C. AND ANUP SEETHARAM RAO, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2022 PASSED IN MVC NO.6093/2019 ON THE FILE OF THE SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION, 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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This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment and Award dated 08.12.2022 passed in MVC

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3 - NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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No.6093/2019 by Small Causes Judge and MACT,

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Bengaluru (SCCH-9).

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Even though the matter is listed today for admission, with the consent of both the learned counsel for appellants and the learned counsel for respondent No.1, the matter is taken up for disposal.

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The appellants/claimants made a claim petition

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seeking for award of compensation for the death of Rajanna (husband of claimant No.1 and father of claimant Nos.2 and 3) in a road traffic accident which took place on 12.03.2019 contending that the accident occurred due to

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rash and negligent driving by the driver of Tractor bearing registration No.KA-11-TA-0652.

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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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4 - NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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Sl.	Particulars		Amount
No.
1.	Towards dependency and loss of future income	Rs.	4,20,000/-
2.	Towards Consortium. 1. Spousal Consortium 2. Filial Consortium (40,000 X 2)	Rs.	40,000/- 80,000/-
3.	Towards Loss of estate & Funeral Expenses	Rs.	30,000/-
4.	Medical Expenses	Rs.	70,687/-
	Total	Rs.	6,40,687/-

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The Tribunal has also awarded the interest at

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the rate of 9% per annum from the date of petition till realisation and held that respondent Nos.1 and 2 jointly and severally to pay the compensation and directed respondent No.1/insurer to deposit the compensation amount with interest. Th e claimants have preferred the present appeal seeking enhancement.

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Heard the learned counsel for appellants and

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learned counsel for respondent No.1.

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Learned counsel for the appellants would contend that, the claimants are wife and two major sons of the deceased and considering the same, the deductions

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5 - NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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taken by the Tribunal towards personal and living expenses of the deceased at 50% is not proper. The deceased was a married man and having wife and two children and therefore, the deductions are to be taken at 1/3^rd of his income. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.1 would contend that, t he compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement and the deductions taken by the Tribunal at 50% is proper. With these, he prayed for dismissal of the appeal.

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Having heard the learned counsels appearing

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

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The accident has taken place in the year 2019, considering the same, the Tribunal has rightly taken the notional income at Rs.14,000/- per month. The Tribunal has deducted the income of the deceased at 50% towards

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6 - NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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personal and living expenses. The deceased was not a bachelor, he was a married man having wife and two children who are claimants Nos.1 to 3. Considering the said aspect, the deductions towards personal and living expenses of the deceased is to be taken as 1/3^rd . The Tribunal has rightly applied multiplier '5'. In view of the above, the claimants are entitled to loss of dependency as under:

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14,000 - 1/3^rd (4,666) = 9,334 X 12 = 1,12,008 X 5 = 5,60,040.

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The Tribunal has rightly awarded the

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compensation under other heads.

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The Tribunal also awarded interest at the rate

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of 9% per annum and it is on higher side. The interest to be awarded at 6% per annum from the date of petition till realisation.

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Considering all the above aspects, the

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following:

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7 -

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NC: 2026:KHC:31841 MFA No. 3960 of 2023

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HC-KAR

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart.

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ii) The claimants are entitled to enhanced compensation of Rs.1,40,040/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.1/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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iv) The claimants are entitled to release of entire enhanced compensation amount as per the percentage of their share held by the Tribunal.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 36

Sowbhagya v. Iffco-Tokio General Insurance Co. Ltd.

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Sowbhagya v. Iffco-Tokio General Insurance Co. Ltd.

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