- 1 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 68 OF 2022 (MV-I) BETWEEN: B GIRISH S/O B NARAYANA REDDY, AGED ABOUT 29 YEARS, R/O 000, EGUVA MACHIREDDYGARI PALLI NIMMANAPALLI RACHAVETIVERAPALLE, CHITTOOR ANDHRA PRADESH PIN – 517 325 …APPELLANT (BY SRI. K T GURUDEVA PRASAD, ADVOCATE) AND: 1. M/S ACKO GENERAL INSURANCE CO. LTD MOTOR CLAIMS HUB NO.09, 17TH MAIN ROAD NEAR SUKH SAGAR RESTAURANT, 5TH BLOCK, KORAMANGALA BENGALURU – 560 095 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 2. MR. RAJESH KUMAR N. S/O NAGARAJ NO.10 WARD NO.6 M V EXTENSION DODDAGATTIGANABBE ROAD SHIVASHAKTHI NAGAR, HOSAKOTE BENGALURU RURAL DISTRICT PIN – 562 114 …RESPONDENTS (BY SRI. D. MANJUNATH, ADVOCATE FOR R1; SRI. R2 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.04.2021 PASSED IN MVC NO.7014/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO HALL UNIT, SCCH-19, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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:38386 MFA No. 68 of 2022 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.7014/2019 dated 17.04.2021 by the XV ASCJ & Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.2,53,000/- and fixed 15% contributory negligence on the part of the claimant, the appellant/claimant is before this Court seeking enhancement of the compensation and questioning the contributory negligence. 2. The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 02.09.2019 at about 11:20 p.m., when the claimant was proceeding as a pillion rider in a motor cycle which was ridden by its rider slowly and cautiously proceeding on Opp. Shiva Garden, when reached near Forest check Post, Hosakote Bangalore Rural District, at that time, the rider of one motor cycle rode the same in a rash and negligent manner, came at high speed and dashed to the claimant's motor cycle. As a result, the claimant sustained grievous injuries. - 4 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 3. The Tribunal had granted compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and sufferings : Rs. 80,000/- 2. Medical Expenses : Rs. 1,52,760/- 3. Nourishment, food, conveyance and attendant charges : Rs. 10,000/- 4. Loss of income during laid up period : Rs. 15,000/- 5. Future medical expenses : Rs. 20,000/- 6. Loss of amenities of life : Rs. 20,000/- TOTAL : Rs. 2,97,760/- 4. Learned counsel appearing for the appellant/claimant submits that the claimant was a pillion rider and the Tribunal had fixed the liability on the owner of the vehicle at 15% and on the Insurance Company at 85%. He submits that it is a case of composite negligence, in those circumstances, he can recover the compensation from either of the tortfeasors, as such, he has filed the petition against the rider of the offending vehicle. In those circumstances, fixing the contributory negligence on the part of the pillion rider would not arise. It is - 5 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 submitted that coming to the compensation, the Tribunal under the head of loss of income during the laid up period has not awarded any compensation and he was in hospital for 11 days. 5. Learned counsel appearing for the respondent No.1/ Insurance Company submits that he has not made the rider of the vehicle as a party to the claim petition. Had he been a party to the claim petition, there would have been remedy for the Insurance Company to recover the money from the rider of the vehicle. Unfortunately, in this case, the rider is not made a party. It is submitted that the Tribunal had rightly fixed the contributory negligence and even the compensation that is awarded is just and reasonable and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that it is a case of composite negligence. In cases of composite negligence, it is for the claimant to proceed against any one of the tortfeasors. In this case, he has taken a decision to proceed against the offending vehicle and as rightly argued by the learned counsel for the claimant, that is for the - 6 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 claimant to decide and he cannot be compelled to pursue against both. Once the claimant has not made the rider of the vehicle as the party to the proceedings, this Court is not able to understand how the Tribunal has fixed the liability on a person who is not a party to the proceedings and fixed the contributory negligence at 15% on the claimant who is a pillion rider. This observation of the Tribunal is contrary to law and such finding ought not to have been given by the Tribunal. The Insurance Company has not preferred any appeal against the award passed by the Tribunal. In these circumstances, this Court is of the view that contributory negligence cannot be fixed on the pillion rider and the Insurance Company is liable to pay the entire compensation. 7. Coming to the compensation, under the heads of pain and sufferings, medical expenses, future medical expenses and loss of amenities, the Tribunal had rightly granted the compensation and no interference is called for. Coming to the incidental expenses, considering the 11 days of hospitalization, this Court is granting an amount of Rs.11,000/- towards nourishment, food, conveyance and attendant charges. - 7 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 Considering the fact that this accident had taken place in the year 2019, this Court is taking the income of the claimant at Rs.14,000/- per month and towards loss of income during laid up period, this Court is granting an amount of Rs.56,000/- (Rs.14,000x4). 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 80,000/- 80,000/- 2. Medical Expenses : Rs. 1,52,760/- 1,52,760/- 3. Nourishment, food, conveyance and attendant charges : Rs. 10,000/- 11,000/- 4. Loss of income during laid up period : Rs. 15,000/- 56,000/- 5. Future medical : Rs. 20,000/- 20,000/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 expenses 6. Loss of amenities of life : Rs. 20,000/- 20,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,97,760/- 3,49,760/- Enhancement : Rs. 52,000/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.3,49,760/-. 11. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.2,97,760/- to Rs.3,49,760/- and the Insurance company is liable to pay the compensation. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The respondent No.1 - 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. iv. No costs. - 9 - HC-KAR NC: 2025:KHC:38386 MFA No. 68 of 2022 v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 16