IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 37 OF 2024 (MV-D)

BETWEEN:

1. CHOLAMANDALAM M. S.

GENERAL INSURANCE COMPANY LTD OFFICE AT UNIT No.4 GOLDEN HEIGHTS, 9^TH FLOOR , LEVEL 6

59^TH C CROSS, 4^TH M BLOCK, INDUSTRIAL SUBURB, RAJAJINAGAR, BENGALURU-10.

…APPELLANT (BY SRI HALASHETTI JAGADISH SIDRAMAPPA, ADVOCATE)

Digitally signed by VALLI AND:

MARIMUTHU Location: HIGH

1. SMT. NAGAMMA, COURT OF KARNATAKA W/O NARAYANASWAMY, NOW AGED ABOUT 32 YEARS, 2. MASTER MAHENDRA S/O NARAYANASWAMY, NOW AGED ABOUT 15 YEARS, 3. MASTER NARENDRA S/O NARAYANASWAMY, NOW AGED ABOUT 13 YEARS, SINCE THE RESP.No.2 AND 3 ARE MINORS REP. BY THEIR MOTHER AS A NATURAL GUARDIAN THE RESP. No.1 HEREIN.

4. SMT. LINGAMMA W/O LATE JAYARAMAPPA NOW AGED ABOUT 68 YEARS, R/AT NO. 1-116 KANCHISAMUDRAM VILLAGE, HINDUPURA DISTRICT, ANDHRA PRADESH 515331.

ALL ARE R/AT No.1-116, KANCHISAMUDRAM VILLAGE, HINDUPURA DISTRICT, ANANTHAPUR DISTRICT, ANDHRA PRADESH 515331

5. S. VIJAYAKUMAR, C/O ADEMMA, AGED ABOUT 30 YEARS, R/AT KANCHISAMUDRAM, HINDUPURA TALUK, ANDHRA PRADESH DISTRICT, ANDHRA PRADESH -515331.

…RESPONDENTS (BY SRI CHANDRASHEKARA N., ADVOCATE FOR R1 TO R3;

R2 & R3 ARE MINORS REPRESENTED BY R1;

VIDE ORDER DATED 24.04.2024 NOTICE TO R4 DISPENSED WITH; R5 SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.07.2023 PASSED IN MVC No.4526/2021 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-12, BENGALURU SCCH-12, AWARDING COMPENSATION OF RS.25,55,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The appellant-Insurance Company, aggrieved by the judgment and award dated 12.07.2023 in M.V.C. No.4526/2021 passed by the XI Additional Small Causes and Additional Motor Accident Claims Tribunal, Bangalore (SCCH-12), Tribunal, is before this Court questioning the saddling of liability.

2. Brief facts of the case are that the respondents-claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988, M.V. Act claiming compensation for the accidental death of one Sri.Narayanaswamy the husband of claimant No.1, in a road traffic accident that took place on 14.02.2021, involving TVS XL two wheeler bearing No.AP.02.BB.5325 and Autorickshaw bearing No.AP.39.TK.3644, near Jeelakunte Cross on Lepakshi road, Nagaragere, Gowribidanur Taluk. It is stated that the deceased was aged 40 years and was earning a sum of Rs.30,000/- per month as laborer and agriculturist.

2.1 On issuance of notice, respondent No.2 before the Tribunal remained ex parte and respondent No.1-Insurance Company appeared and filed its written statement contending that the driver of the offending vehicle autorickshaw had no valid and effective license as on the date of the accident, however admitted the Policy and its validity as on the date of accident. It has also stated that accident has taken place due to the negligence of the rider of motorcycle who was not wearing helmet and was not following the traffic rules and regulations.

2.3 Claimants in support of their claim examined claimant No.1 the wife of the deceased as PW.1 and marked Exs.P1 to P16 and on behalf of the respondent, RW.1 was examined and documents Exs.R1 to R4 were marked.

3. On appreciation of the material on record, Tribunal awarded a total compensation of Rs.25,55,500/- with interest at 6% per annum. While awarding the above compensation, Tribunal assessed the monthly income of the deceased at Rs.15,000/- per month, adopted multiplier of 14, deducted 1/4^th towards personal expenses of the deceased and added

25% of the assessed income towards future prospects. The Insu