HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7410 OF 2022 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO. 1998 OF 2024 (MV-I)

IN MFA No. 7410/2022 BETWEEN:

ORIENTAL INSURANCE CO. LTD., NANJAPPA COMPLEX, SUBHASH CHOWKA, HASSAN, REP. BY ITS REGIONAL OFFICE, ORIENTAL INSURANCE CO. LTD., TP-HUB, REGIONAL OFFICE, NO.44/4, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE-560 025, REP. BY ITS REGIONAL MANAGER Digitally signed …APPELLANT by MEGHA MOHAN (BY SRI. A.RAVISHANKAR, ADVOCATE)

Location: HI GH COURT OF KARNATAKA AND:

1. SRI. T.S. BHASKAR AGED ABOUT 48 YEARS, S/O. LATE SHIDLAIAH @ SIDDAIAH, R/AT TATANAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK 2. SRI. T. S. DHANARAJ AGED ABOUT 45 YEARS, S/O. LATE SHIDLAIAH @ SIDDAIAH, HC-KAR R/AT NO. 160, N BLOCK 48, CHAMUNDI BETTA ROAD, JAKI QUARTERS, MYSURU TOWN

3. SRI. BOREGOWDA MAJOR, S/O. BOREGOWDA, R/AT NO. 327, 3^RD CROSS, A AND B BLOCK, EMPLOYEES LAYOUT, KAMAKRISHNA NAGARA, MYSURU TOWN, MYSURU DISTRICT …RESPONDENTS (BY SRI. RAJARAMA S., ADVOCATE FOR R1 R2- SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 18.08.2022 PASSED IN MVC NO.1143/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HOLENARASIPURA, AWARDING COMPENSATION OF RS.7,12,776/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

IN MFA NO. 1998/2024 BETWEEN:

1. T.S.BHASKAR S/O LATE SHIDLAIAH @ SIDDAIAH, AGED ABOUT 50 YEARS, R/AT TATANAHALLI VILLAGE, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK- 573 210

2. T.S.DHANARAJ S/O LATE SHIDLAIAH @ SIDDAIAH, AGED ABOUT 47 YEARS, R/AT NO.160, N BLOCK 48 HC-KAR CHAMUNDI BETTA ROAD, JAKI QUARTERS, MYSURU TOWN- 570 011 ...APPELLANTS (BY SRI. RAJARAMA S., ADVOCATE)

AND:

1. BOREGOWDA S/O BOREGOWDA, AGE MAJOR, R/AT NO.327, 3^RD CROSS, A AND B BLOCK, EMPLOYEES LAYOUT, KAMAKRISHNA NAGARA, MYSURU TOWN, MYSURU DISTRICT- 570 022

2. REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD, NANJAPPA COMPLEX, SUBHASH CHOWKA, HASSAN -573 201 ...RESPONDENTS (V/O/D 24.07.2025- NOTICE TO R1 IS DISPENSED WITH BY SRI.A.RAVISHANKAR, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 18.08.2022 PASSED IN MVC NO.1143/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI HC-KAR

ORAL JUDGMENT

Aggrieved by the award passed in MVC.No.1143/2020 dated 18.08.2022 by the Senior Civil Judge and JMFC at Holenarasipura, whereby the Trial Court had granted the compensation of an amount of Rs.7,12,776/-. The Insurance Company is before this Court questioning the quantum of compensation and the claimants are before this Court seeking enhancement of the compensation. The Insurance Company’s appeal is MFA.No.7410/2022 and the claimants’ appeal is MFA.No.1998/2024.

2. The claim petition is filed by the sons of the deceased seeking compensation of an amount of Rs.15,00,000/- for the death of the deceased in the accident. It is the case of the claimants that on 14.01.2020 at about 7.30 pm., the deceased was proceeding by walk near Chamundibetta road, Kurubarahalli circle, the rider of the Active Honda motor cycle rode the same in rash and negligent manner endangering to human life and dashed against the deceased and due to which he sustained grievous injuries all over the body. Immediately, after accident he was taken to Gopalagowda hospital at Mysuru and he was admitted as an inpatient for a HC-KAR period of 15 days and he died at Tatanahalli village, Holenarasipura taluk. The claimants are the sons, who are aged about 46 and 43 years. In the evidence, they have stated that one is working as a teacher and another is working in the police department. The Trial