- 1 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 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.2569 OF 2021(MV-I) BETWEEN: MR. NAVEENA S/O. NAGANNA, AGED ABOUT 29 YEARS, R/AT MUDDAHALLI VILLAGE, KASABA HOBLI, NANJUNGUD TALUK. …APPELLANT (BY SMT. B. N. MANJULA FOR SRI. NAGARAJA R. C., ADVOCATES) AND: 1. MR. SRINIVAS V., S/O. VENKATAIAH, AGED ABOUT 46 YEARS, NO. 63, 3RD MAIN, GURURAGHAVENDRA NAGAR, J. P. NAGAR, 7TH PHASE, BANGALORE – 560 078. 2. MR. SRINIVASA PRASAD V., S/O. VENKATAIAH, AGED ABOUT 46 YEARS, NO. 63, 3RD MAIN, GURURAGHAVENDRA NAGAR, J. P. NAGAR, 7TH PHASE, BANGALORE – 560 078. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 3. SHRIRAM GENERAL INSURANCE COMPANY LIMITED E-8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPURA, RAJASTHAN – 302 022, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA FOR SRI. A.N. KRISHNA SWAMY, ADVOCATES FOR R3 V/O DATED 17.04.2025 NOTICE TO R1 & R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.02.2021 PASSED IN MVC NO. 1272/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NANJANGUD, 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 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1272/2017 dated 03.02.2021 by the Senior Civil Judge and MACT, Nanjangud, the claimant is before this Court seeking enhancement of the compensation and also questioning 25% contributory negligence that is fixed on the part of the claimant. 2. The claim petition is filed seeking compensation of an amount of Rs.33,00,000/- for the injuries sustained by the claimant. The facts of the case are that on 29.09.2017, while - 3 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 he was riding the motorcycle from Nanjangud towards his village at Nanjangud - Gundlupet main road and at about 7:20 p.m., when he reached near Kalale gate near Siddaveerappa's land, a car driven by its driver came in high speed and in a rash and negligent manner from the opposite side and dashed against the motorcycle of the claimant and he sustained grievous injuries. 3. The Tribunal had fixed 25% contributory negligence on the part of the claimant and observed that Ex.P3 - spot mahazar wherein it is mentioned that the road is 35 ft in width and it has 3ft wide cement footpath on either sides and the accident had occurred at distance of 15 ft from the left side edge of the road and 20 ft away from the right side edge of the road, considering the direction in which the bike was moving. The Tribunal had given a finding that the car has gone to the wrong side of the road for about 2½ ft. But however, as it is a head on collusion had the claimant been cautious, the accident could have been avoided. 4. The Tribunal had granted the compensation as per the table given below: - 4 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 SL. No. Heads Compensation Awarded 1. Future loss of income due to disability : Rs. 4,20,422/- 2. Pain and suffering : Rs. 50,000/- 3. Medical Expenses : Rs. 2,46,163/- 4. Future medical expenses : Rs. Nil 5. Incidental charges : Rs. 11,400/- 6. Loss of income during hospitalization : Rs. 32,525/- 7. Loss of amenities & expectations : Rs. 5,000/- 8. Conveyance : Rs. 2,000/- TOTAL : Rs. 7,67,510/- -25% CONTRIBUTORY NEGLIGENCE : Rs. 1,91,877/- Entitled Amount : Rs. 5,75,633/- 5. Learned counsel for the appellant/claimant submits that when it comes to the compensation and considering the amputation of the right toe, under the heads of pain and suffering had not granted reasonable amount. This accident had taken place in the year 2017, but the Tribunal had considered the income of the claimant at Rs.8,000/- per month as income and considering the 24% disability, the amount of compensation that is awarded at the head of loss of amenities - 5 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 is not a just and reasonable compensation and on all counts, compensation needs to be enhanced. 6. Learned counsel appearing for respondent No.3/ Insurance Company submits that basing on the sketch and the evidence on record, the Tribunal had clearly held that there is contributory negligence on the part of the claimant. Even on the quantum also, on all counts, the amount that is awarded is just and reasonable. 7. Having heard the learned counsels on either side, perused the entire material on record. First coming to the aspect of contributory negligence, this Court has perused the findings and observations of the Tribunal. The Tribunal gives a finding that the driver of the car is going on a wrong direction. The Tribunal had observed that as still there was space, the claimant would have been careful and the accident could have been avoided and as such there is contributory negligence. This Court is not able to appreciate the said finding of the Tribunal. When there is a finding with regard to the vehicle being on a wrong direction, the Tribunal ought not to have fixed the contributory negligence on the claimant. - 6 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 8. Then coming to the compensation, considering the four injuries and the amputation of the little toe, under the head of the pain and suffering, this Court is granting an amount of Rs.90,000/-. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.2,46,163/- and no interference is called for. Considering the 32 days of hospitalization, towards incidental expenses, this Court is granting an amount of Rs.32,000/-. Considering that this accident had taken place in the year 2017, this Court is taking the income of the claimant at Rs.11,000/- per month and towards loss of income during hospitalization, for four months, this Court is granting an amount of Rs.44,000/- (Rs.11,000x4). Then coming to loss of future income due to disability, the Tribunal had rightly considered the disability at 24.33% to the whole body. Hence, the claimant is entitled for future prospects at 40% comes to Rs.4,400/- and the income comes to an amount of Rs.15,400/- per month (Rs.11,000+Rs.4,400). Hence, towards loss of future income due to disability, this Court is granting an amount of Rs.8,09,313/- (Rs.15,400x12x18x24.33/100). Considering the disability of 24.33% sustained by the claimant, - 7 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 under the head of loss of amenities, this Court is granting an amount of Rs.50,000/-. 9. 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. 10. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Future loss of income due to disability : Rs. 4,20,422/- 8,09,313/- 2. Pain and suffering : Rs. 50,000/- 90,000/- 3. Medical Expenses : Rs. 2,46,163/- 2,46,163/- 4. Future medical expenses : Rs. Nil 00/- 5. Incidental charges : Rs. 11,400/- 32,000/- 6. Loss of income during hospitalization : Rs. 32,525/- 44,000/- 7. Loss of amenities & expectations : Rs. 5,000/- 50,000/- 8. Conveyance : Rs. 2,000/- 00/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 9. Legal expenses : Rs. 00/- 10,000/- TOTAL : Rs. 7,67,510/- 12,81,476/- 11. Altogether, the claimant is entitled for compensation of an amount of Rs.12,81,476/-. 12. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.7,67,510/- to Rs.12,81,476/-. 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.3 - 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. 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. - 9 - HC-KAR NC: 2025:KHC:38385 MFA No. 2569 of 2021 v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 15