- 1 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 498 OF 2020 (MV-I) BETWEEN: BABY MIDA FATHIMA @ FATHIMA NIDHA D/O IBRAHIM AGED ABOUT 9 YEARS, STUDENT, MINOR, REPRESENTED BY HER MOTHER AND NATURAL GUARDIN SMT.SHABANA BANU W/O IBRAHIM AGED ABOUT 31 YEARS, R/AT ARALIHALLI VILLAGE BHADRAVATHI TALUK-577 301 …APPELLANT (BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE) AND: 1. NOORULLA BAIG W/O ABDULLA BAIG AGED ABOUT 30 YEARS, R/AT DODDI BEEDI STREET HARIHARA TALUK DAVANAGERE DISTRICT-577 601 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 2. SRI.SATHYANARAYANA S/O GANESH RAO AGED ABOUT 48 YEARS, R/O BARAMALI GALLI SHIVAJI NAGAR DAVANAGERE-577 002 3. THE ORIENTAL INSURANCE COMPANY LTD., ORIENTIAL HOUSE P.B.NO.7037 A-25/27, ASAF ALI ROD, NEW DELHI-110 001 …RESPONDENTS (BY SRI.B.S.UMESH, ADVOCATE FOR R3 SRI.R.SURESH, ADVOCATE FOR R2 V/O/D 24/11/2023- NOTICE TO R1 DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2019 PASSED IN MVC.NO.267/2016 ON THE FILE OF THE ADDITIONAL SENIOR CILVIL JUDGE AND ADDITIONAL MACT-12, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.267/2016 dated 01.07.2019 by the Addl. Senior Civil Judge and Additional MACT-12, Bhadravathi, whereby the Tribunal had granted compensation of an amount of Rs.1,47,569/- and fixed the contributory negligence at 40% on the claimant, the claimant is before this court. 2. The claim petition is filed seeking compensation of an amount of Rs.8,40,000/- for the injuries sustained by the claimant in the road traffic accident occurred on 04.03.2015. The facts of the case are that on 04.03.2015, the minor claimant was crossing Bhadravathi - Channagiri main road in the evening at about 4:30 p.m., at that time, the driver of Amareshwara Bus drove the same in a rash and negligent manner which was coming from Bhadravathi towards Channagiri, dashed against the minor claimant and the claimant who was crossing the road fell down on the ground and sustained grievous injuries. 3. The Tribunal had granted compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 Heads Compensation Awarded 1. Pain and suffering Rs. 45,000/- 2. Conveyance, Attendant charges and nourishing food Rs. 30,000/- 3. Loss of discomfort and amenities Rs. 20,000/- 4. Loss of career due to disability Rs. 11,250/- 5. Medical Expenses Rs. 41,319/- TOTAL Rs. 1,47,569/- 4. Learned counsel appearing for the appellant/claimant submits that as far as the quantum of compensation is concerned, the same is awarded as per the judgment of the Hon’ble Apex Court in the case of Master Mallikarjun Vs. Dir.Manager, National Insurance Co. Ltd.1. But as far as the contributory negligence is concerned, the Tribunal without basing on the evidence on record had fixed the contributory negligence at 40% on the claimant and the same needs to be set aside. 5. Learned counsel appearing for respondent/insurance company submits that basing on the evidence, the claimant is aged 6 years old and she was crossing the road without the 1 (2014) 14 SCC 396 - 5 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 assistance of the elders and the Tribunal had rightly considered and fixed the contributory negligence at 40% on the claimant. 6. Having heard the learned counsels on either side, perused the entire material on record. The Tribunal has observed that it is deposed by PW-1 that at the time of accident the claimant was proceeding towards her house along with her elder sister who then was studying in 3rd standard. The claimant is too young to cross the road independently. It appears that the claimant in her anxiety to reach the home as early as possible entered the main road where number of vehicles are plying day in and day out as it is a busy road. As the accident in question occurred in the middle of the road, it can be said without any hesitation the claimant too has contributed to the accident. Hence, negligence contributed by the claimant is fixed at 40% and the respondent No.1 at 60%. This court has perused the said findings of the Tribunal. No doubt that the accident had occurred while the minor claimant was crossing the road and the girl is aged about 6 years and she was not accompanied by any elder and the Tribunal had apportioned the contributory negligence at 40% on the claimant. In the - 6 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 considered opinion of this court, the contributory negligence fixed at 40% on the claimant is on the higher side and this court feels that fixing 10% contributory negligence on the claimant would be appropriate. 7. Accordingly, the contributory negligence that is fixed on the claimant is reduced from 40% to 10%. The compensation that is awarded is an amount of Rs.1,47,569/- and 10% comes to an amount of Rs.14,756/- and then the insurance company is liable to pay an amount of Rs.1,32,812/- to the claimant. (Rs.1,47,569/- - Rs.14,756/- = Rs.1,32,812/-). i. Accordingly the appeal of the claimant is Partly Allowed. ii. Contributory negligence fixed on the claimant is reduced from 40% to 10% and the insurance company is liable to pay an amount of Rs.1,32,812/-. iii. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 7 - HC-KAR NC: 2025:KHC:33254 MFA No. 498 of 2020 iv. The apportionment of the amount shall be as per the order passed by the Tribunal. v. The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. vi. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vii. No costs. viii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 27