Sri Shankar B v. Sri Raghavendra Reddy

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6984 OF 2025 (MV-D) BETWEEN:

¶1SRI. SHANKAR B. S/O BEERAPPA M. NOW AGED ABOUT 57 YEARS.

¶2SMT. KAVITHA N. S/O SHANKAR B., NOW AGED ABOUT 47 YEARS.

3. SRI. LAKSHMAN KUMAR S/O SHANKAR B NOW AGED ABOUT 24 YEARS

ALL ARE RESIDING AT No.11 LAKSHMISAGAR STREET VENKATAPPA LAYOUT, BEHIND KOTE TEMPLE NEAR ITI COMPOUND, KRISHNARAJAPURAM BENGALURU – 560 036. …APPELLANTS (BY SRI. GOPAL KRISHNA N, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE)

AND:

¶1SRI. RAGHAVENDRA REDDY MIX CONCRETE SY.No.8/25, No.38/19, 42/2A, GANGASANDRA GRAMA

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:39929( MFA(No.(6984(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010615882025( ( ( KENGERI,HOBLI, BENGALURU,SOUTH, BENGALURU,-,560,062., ,

2., THE,ROYAL,SUNDARAM,GENERAL, INSURANCE,COMPANY,LTD.,, BRANCH,OFFICE, RAGHAVENDRA,PLAZA,, ST ST1 ,FLOOR,,1 ,CROSS,, HOSUR,MAIN,ROAD,,WILSON,GARDEN, BENGALURU,-,560,027., REP.,BY,ITS,MANAGER., …RESPONDENTS, (BY,SRI.,MALLIKARJUNA,REDDY,N.A,,,ADVOCATE,FOR,, ,,,,,,SRI.,B.,PRADEEP,,ADVOCATE,FOR,R2;, ,,,,,,VIDE,ORDER,DATED,30.07.2026, ,,,,,,NOTICE,TO,R1,IS,DISPENSED,WITH), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED, 12.03.2025, PASSED, IN, MVC, No.2449/2023, ON, THE, FILE, OF, THE,, I,ADDITIONAL,SMALL,CAUSES,JUDGE,AND,ACJM,AND,MEMBER, MACT,,BENGALURU,(SCCH-11),,,PARTLY,ALLOWING,THE,CLAIM, PETITION,FOR,COMPENSATION,AND,SEEKING,ENHANCEMENT, OF,COMPENSATION., , THIS, APPEAL, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, ,HON'BLE,MR.,JUSTICE,SHIVASHANKAR,AMARANNAVAR, , ORAL(JUDGMENT( This, appeal, is, filed, by, the, claimants, seeking, enhancement, of, compensation, awarded, in, the, Judgment, and, Award, dated, 12.03.2025, passed, in, MVC,

No.2449/2023 by I Additional Small Causes Judge and ACJM and MACT, Bengaluru (SCCH-11).

¶2Even though the matter is listed today for orders, with the consent of both the learned counsel for appellants and learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

¶3The appellants/claimants made a claim petition seeking for award of compensation for the death of Pavan Kumar S., (son of claimant Nos.1 and 2 and brother of claimant No.3) in a road traffic accident occurred on

02.02.2023 contending that the accident occurred due to rash and negligent driving by the driver of Concrete Mix Lorry bearing registration No.KA-05-AK-7058.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

Sl. No. Particulars

Amount

¶1Towards dependency and loss of future income Rs. 24,19,200/-

¶2Towards Consortium

¶1Filial Consortium Rs. 96,800/-

¶3Towards Loss of estate & Funeral Expenses Rs. 36,300/-

¶4Towards Medical Expenses Rs. 15,68,450/-

Total Rs. 41,20,750/-

¶5The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded. The claimants have filed the present appeal seeking enhancement of compensation.

¶6Heard the learned counsel for appellants and learned counsel for respondent No.2/insurer.

¶7Learned counsel for the appellants would contend that, the deceased was an Engineering Graduate and in that regard, his Degree Certificate has been produced at Ex.P12. Even inspite of such qualification, the Tribunal has erred in taking the notional income at

Rs.16,000/-. He further submits that, the income of the deceased is to be taken at Rs.25,000/- as he is an Engineering Student and on that point, he placed reliance on the decision of Division Bench of this Court rendered in the case of SHRI MALLIKARJUN AND ANOTHER vs. SHRI UMESH AND ANOTHER passed in MISCELLANEOUS FIRST APPEAL NO.104894/2019 AND CONNECTED MATTER disposed on 28.02.2020.

¶8He further submits that, the claimant has got reimbursement of Rs.6,47,215/- by the health insurance policy out of Rs.22,18,465/- and the same has been deducted by the Tribunal. As the amount got reimbursed from health insurance policy, the same cannot be deducted. On that point, he placed reliance on the decision of Hon'ble Apex Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED vs. DOLLY SATISH GANDHI & ANOTHER reported in (2026) INSC 498. With these, he prayed to allow the appeal.

¶9Learned counsel for respondent No.2/insurer would contend that, the Tribunal considering the evidence on record has rightly taken the income of the deceased. The claimants cannot get double benefit one from health insurance policy and another from insurer of the offending vehicle. Considering the same, the Tribunal has rightly deducted the reimbursement got from health insurance policy on medical expenses. With these, he prayed for dismissal of the appeal.

¶10Having heard the learned counsel for appellants and learned counsel for respondent No.2/insurer, the Court has perused the Judgment, Award and certified copy of Ex.P12 which is made available by the learned counsel for appellants.

¶11The accident occurred on 02.02.2023 and as on the date of accident, the deceased was aged twenty four

(24) years. Ex.P12 is the certified copy of the Degree Certificate of the deceased which indicates that the

deceased has completed Bachelor of Engineering (Civil Engineering) with First Class with Distinction. In view of the decision of Division Bench of this Court in the case of SHRI MALLIKARJUN supra, the income of the deceased is to be taken at Rs.25,000/-p.m. as against Rs.16,000/-taken by the Tribunal. The Tribunal has rightly added 40% towards future prospects, deducted 50% towards personal expenses of the deceased since he was a Bachelor and applied multiplier '18'. In view of the same, loss of dependency is calculated as under: Rs.25,000/-+ 40% (Rs.10,000/-) = Rs.35,000/--1/2 = Rs.17,500/-X 12 X 18 = 37,80,000/-

¶12The claimants have produced the medical bills for a sum of Rs.22,18,465/-, the claimants got reimbursement from health insurance policy from Star Health and Allied Insurance Company Limited in a sum of Rs.6,47,215/-. The Tribunal has deducted the said amount from the total medical expenses and only awarded Rs.15,68,450/-. In view of the decision of Hon'ble Apex

Court in the case of NEW INDIA ASSURANCE COMPANY LIMITED supra, the amount got from health insurance policy shall not be deducted from the medical expenses. Therefore, the Tribunal has erred in deducting the said amount got from health insurance policy. Therefore, the claimants are entitled to the said amount deducted in a sum of Rs.6,47,215/-.

¶13Considering all the above aspects, the claimants are entitled to total compensation under various heads as under: Sl. No. Particulars

Amount

¶1Towards dependency and loss of future income Rs. 37,80,000/-

¶2Towards Consortium

¶1Filial Consortium Rs. 96,800/-

¶3Towards Loss of estate & Funeral Expenses Rs. 36,300/-

¶4Towards Medical Expenses (Rs.15,68,450/-+ Rs.6,47,215/-) Rs. 22,15,665/-

Total Rs. 61,28,765/-

¶14The claimants are entitled to total compensation of Rs.61,28,765/- as against Rs.41,20,750/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

¶15Consequently, the claimants are entitled to enhanced compensation of Rs.20,08,015/- (Rs.61,28,765/- - Rs.41,20,750/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶16Respondent No.2/insurer is liable to pay enhanced compensation amount with interest.

¶17In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellants/claimants are entitled to enhanced compensation of Rs.20,08,015/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) The appellants/claimants are entitled to release of their share in the enhanced compensation with interest in the ratio of 40:40:20.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 17