IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.4979 OF 2018(MV-D)

BETWEEN:

THE MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NO. IX, MITRA TOWERS NO.10/4, KASTURBA ROAD, BANGALORE, KRISHI BHAVAN NRUPATHUNGA ROAD, BANGALORE-560 001.

BY ITS AUTHORISED SIGNATORY.

…APPELLANT (BY SRI. B.A.RAMAKRISHNA., ADVOCATE)

AND:

1. SMT. BAGYAMMA AGED ABOUT 37 YEARS, W/O LATE SHIVALINGAIAH, 2. MASTER KIRAN AGED 17 YEARS, S/O LATE SHIVALINGAIAH, MINOR REPRESENTED BY HIS MOTHER & NATURAL GUARDIAN, SMT.BAGYAMMA. 3. SMT. NAVYA AGED ABOUT 21 YEARS, W/O HANUMANTHA RAJU, 4. SMT. VENKATAMMA AGED ABOUT 59 YEARS, W/O CHIKKANANJAIAH, ALL ARE RESIDING AT HALASABELE KOLURU TANDYA, AGALAKOTE HAND POST, MAGADI TALUK, RAMANAGARA DISTRICT-562 120.

5. SRI. RAMACHANDRA MAJOR BY AGE, S/O GANGADARAIAH, LALAYANAPALYA, HUTRIDURGA HOBLI, KUNIGAL TALUK-572 130, TUMKUR DISTRICT.

…RESPONDENTS (BY SRI. R.V.SHIVANANDA REDDY., ADVOCATE FOR R1 TO R4;

V/O DTD: 03.12.2018-NOTICE TO R5-DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.03.2018 PASSED IN MVC NO.2963/2017 ON THE FILE OF THE 1^ST ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU (SCCH-11), AWARDING COMPENSATION OF RS.12,10,056/- WITH INTEREST AT 8%

P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

1. The present appeal seeks to challenge a Judgment and Award dated 31.03.2018 passed in MVC.No.2963/2017, by the learned I Additional Small Causes Judge and MACT, Bengaluru [hereinafter referred to as the “Impugned Award”].

2. By the Impugned Award, the learned Tribunal has granted compensation in a sum of Rs.12,10,056/- along with interest at the rate of 8% per annum. The award has been apportioned between the claimants as set out therein.

3. The challenge in the present appeal is by the Insurance Company. Learned counsel for the appellant has taken one ground of challenge. He submits that the learned Tribunal has erred in its finding that the deceased was 43 years old, thus the calculation of future prospects and the multiplier and award of compensation has wrongly been made.

4. The learned counsel for the respondent Nos.1 to 4 submits that the accident happened in the year 2017. However, the notional income has been wrongly taken by the learned Tribunal as Rs.8,000/- instead of Rs.11,000/-

as is applicable.

5. Briefly the facts in the present case are that on 16.05.2017 at around 01.30 p.m., the deceased Shivalingaiah was walking on the left side of the road at Magadi Huliyurdurga Road, near Sadashivaiah land, Hulikatte, Agalakote handpost, Magadi Taluk, Ramanagara District and at that time, an Alto Car bearing No.KA-02- MC-2451, which was been driven from Alasabele to Magadi, came in a rash and negligent manner and hit the deceased. Due to the impact of the vehicle, the deceased died on the spot. The claim petition was filed by the mother, wife and children of the deceased. The claim petition also set out the age of the deceased as 41 years. The case of rash and negligent driving was registered against the driver of the offending vehicle as Crime No.100/2017 under Sections 279 and 304(A) of IPC.

6. The owner of the Alto car and the appellant/ Insurance Company were arrayed as parties to the present petition. They both appeared before the Tribunal and filed their respective written statements denying the claim petition. The appellant/Insurance company denied the involvement of the vehicle as well.

7. On the basis of the pleadings of the parties, the learned Tribunal framed the following issues:

“1. Whether petitioner proves that, the husband of 1^st petitioner and father of 2^nd and 3^rd petitioner and son of petitioner No.4 namely Shivalingaiah succumbed to the injuries sustained in the accident that took place on 16.