- 1 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6187 OF 2015 (MV-I) BETWEEN: THE ORIENTAL INSURANCE CO LTD S.S.COMPLEX, D.O. HASSAN, SUBHASH SQUARE, HASSAN DISTRICT, HASSAN – 523 201 REPRESENTED BY THE DEPUTY MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, LEO SHOPPING COMPLEX, 44/45, RESIDENCY ROAD, BANGALORE-560 025. …APPELLANT (BY SRI. A RAVISHANKAR.,ADVOCATE) AND: 1. SRI RAJESHA AGED ABOUT 40 YEARS, S/O VENKATANARASAIAH, R/O NO.7/1, 1ST MAIN ROAD, DEVAIAH PARK, BANGALORE - 560 091. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 2. SRI SHIVANNA K.C. AGED ABOUT 50 YEARS, S/O LATE CHIKKEGOWDA, R/O KADUVINAHOSAHALLI, BAGIVALU POST, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 211 …RESPONDENTS (BY SRI. P S MOHAN FOR R2., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2015 PASSED IN MVC NO.1407/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT-XV, KUNIGAL, AWARDING COMPENSATION OF RS.50,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.06.2015 passed in MVC No.1407/2010, by Senior Civil Judge and MACT-XV, Kunigal, whereby the Tribunal awarded compensation of Rs.50,000/- from the date of petition till the date of realization. - 3 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1- Claimant and learned counsel for respondent No.2-owner of the vehicle. 3. Learned counsel for the respondent No.1- claimant submits that he has not preferred any appeal seeking enhancement of compensation. 4. It is an undisputed fact that it is the case of injury and claimant had sustained grievous injuries in an accident that occurred on 10.07.2010 at about 10.00 p.m. 5. Both the counsel submit that the occurrence of the accident as well as the coverage are not in dispute and that the present appeal is restricted only to contributory negligence which ought to be deducted from total compensation awarded in favour of the respondent- claimant by the Tribunal. 6. Claimant has filed claim petition seeking compensation of Rs.5,00,000/- with interest at 12% p.a. - 4 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 from the date of petition till the date of realization. The Tribunal considering the evidences on record, granted compensation of Rs.59,000/- with interest at the rate of 6% p.a., in favour of the respondent-claimant under the following heads:- 1 Towards pain and sufferings a) towards grievous injuries (head injury) b) Towards simple injuries Rs.30,000/- Rs.5,000/- 2 Towards medical and Hospital charges Rs.5,000/- 3 Towards Attendant Charges (during the period of hospitalization as well as rest) 35 days @ Rs.1,00/- per day Rs.3,500/- 4 Towards food, diet and conveyance Rs.5,000/- 5 Towards Loss of income during the period of treatment and bed rest 35 days Rs.5,250/- 6 Towards frustration discomfort and unhappiness etc., Rs.5,000/- 7 Miscellaneous Rs.250/- Total Rs.59,000/- 7. It is contended on behalf of the appellant that the impugned judgment and award passed by the Tribunal - 5 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 requires modification. Learned counsel for the appellant contended that the Tribunal held that there was contributory negligence of 30% on the part of the claimants and instead of deducting the said 30% on the entire compensation, it was deducted only from the component of ‘Head Injury’ and thus, requested for rectification of the order. 8. Per contra, the learned counsel appearing for the respondent-claimant supports the impugned judgment and award passed by the Tribunal. 9. I have given my anxious consideration to the rival submissions made by parties and perused the material on record. 10. As rightly contended by learned counsel for the appellant, the Tribunal has failed to consider deduction of 30% of contributory negligence from the total compensation of Rs.59,000/- and instead deducted 30% from the component ‘Towards grievous injuries (head - 6 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 injury)’. Accordingly, out of total compensation of Rs.59,000/-, 30% has to be deducted towards contributory negligence, which comes to Rs.17,700/- (Rs.59,000/- x 30/100). 11. Thus, the Insurance Company is liable to pay compensation in a sum of Rs.41,300/- (Rs.59,000/- - Rs.17,700/-) with interest at the rate of 6% p.a., from the date of petition till the date of realization. Accordingly, I pass the following: ORDER i) The appeal is hereby allowed. ii) The impugned judgment and award dated 09.06.2015 passed in MVC No.1407/2010 on the file of the Senior Civil Judge and MACT – XV, Kunigal, is hereby modified. iii) The appellant-claimant is entitled to modified compensation of Rs.41,300/- - 7 - HC-KAR NC: 2025:KHC:33003 MFA No. 6187 of 2015 which shall carry interest at 6% p.a. from the date of claim petition till realization. iv) The Insurance Company is directed to deposit the amount within a period of one month from the date of this order. v) On such deposit, the claimant is permitted to withdraw the same along with the accrued interest. vi) Statutory deposit of Rs.25,000/- may be sent back to the Tribunal. Sd/- (P SREE SUDHA) JUDGE MDS List No.: 1 Sl No.: 8