- 1 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 7491 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7461 OF 2023 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 7464 OF 2023 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 7465 OF 2023 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 7494 OF 2023 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 7538 OF 2023 (MV-I) IN MFA No. 7491/2023 BETWEEN: THE MANAGER FUTURE GENERAL INDIA INSURANCE CO LTD NO 181, OLD NO 125/A, PASADENA, III FLOOR, ASHOKA PILLAR ROAD, JAYANAGAR I BLOCK, BANGALORE 01 NOW REP BY ITS LEGAL MANAGER, FUTURE GENRALI INDIA INSURANCE CO LTD , 3RD AND 4TH FLOOR, SHRAVANEE KRISHNA MANSION, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS 100 FEET ROAD, 2ND BLOCK, JAYANAGARA BANGALORE 560011. …APPELLANT (BY SRI. PRADEEP B.,ADVOCATE) AND: 1. MUSADDIQA SULTHANA AFSARI W/O SHAFEEQ AHMED, AGED ABOUT 39 YEARS, R/AT MASHA ALLAHLIMRAS MANZIL PATALAMA LAYOUT, KADUGODI POST, BANGALORE 67. 2. MAQSOOD PASHA S/O JAVEED PASHA R/AT NO 68/1, 7TH MAIN PADARAYANAPURA BANGALORE 26 (EXPARTE). 3. MANJULA M W/O H S MANJUNATH NO 717, ANUGRAHA. DINNUR MAIN ROAD, MARIYAPPA BLOCK, R T NAGAR POST BANGALORE 32. 4. E HARISKRISHNA S/O G ELUMALAI R/AT NO 48, 4TH CROSS, BELI MUTT ROAD, NEAR COTTONPET POLICE STATION - 3 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS BAKSHI GARDEN, CHICKPET, BANGALORE 53. 5. SHAHID NO 12/1, VINAYAKA NAGAR, OLD GUDDADAHALLI, BAPUJI NAGAR, MYSORE ROAD, BANGALORE 18. 6. HDFC ERGO GIC LTD, NO 14, HM GENEVA HOUSE, CUNNIGHAM ROAD, BANGALORE 52 REP. BY LEGAL MANAGAER. …RESPONDENTS (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE FOR R1; SRI. H.S. LINGARAJU, ADVOCATE FOR R6; SMT. S.M. ANUPAMA, ADVOCATE FOR R3; NOTICE TO R2, R4 & R5 ARE D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.06.2023 PASSED IN MVC NO.2748/2021 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), AWARDING COMPENSATION OF RS.32,41,180/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 4 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS IN MFA NO. 7461/2023 BETWEEN: MUDDASSIRA SULTHANA ATHERI W/O SYED MAHABOOB AGED ABOUT 44 YEARS R/A NO.261/30, 4TH MAIN SUBEDARPALYA YESHWANTHPURA BANGALORE NORTH. ...APPELLANT (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) AND: 1. MAQSOOD PASHA S/O JAVEED PASHA R/A NO.68/1, 7TH MAIN PADARAYANAPURA BANGALORE-26. 2. MANJULA M W/O H S MANJUNATH NO.717, ANUGRAHA DINNUR MAIN ROAD MARIYAPPA BLOCK R T NAGAR POST BENGALURU-560032. 3. FUTURE INDIA GEN. INS. CO. LTD NO.18/1, OLD NO.125/A PASADENA, III FLOOR ASHOKA PILLAR ROAD JAYANAGAR I BLOCK BENGALURU-560001 - 5 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS BY ITS MANAGER. 4. E HARIKRISHNA S/O G ELUMALAI R/A NO.48, 4TH CROSS BELI MUTT ROAD NEAR COTTONPET POLICE STATION BAKSHI GARDEN CHICKPET BENGALURU-560053. 5. SHAHID NO.12/1, VINAYAKA NAGAR OLD GUDDADAHALLI BAPUJI NAGAR MYSORE ROAD BENGALURU-560018. 6. HDFC ERGO GEN. INS. CO. LTD NO.14, H M GENEVA HOUSE CUNNINGHAM ROAD BENGALURU-560052 BY ITS MANAGER. ...RESPONDENTS (BY SRI.PRADEEP., ADVOCATE FOR R3; SRI. H.S. LINGARAJU, ADVOCATE FOR R6; NOTICE TO R1, R2, R4 & R5 ARE D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.06.2023 PASSED IN MVC NO.2747/2021 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU, (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION - 6 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS IN MFA NO. 7464/2023 BETWEEN: MUSSADIQA SULTHANA AFSARI W/O SHAFEEQ AHMED, AGED ABOUT 39 YEARS, R/AT MASHA ALLAH LIMRAS, MANZIL PATALAMA LAYOUT, KADUGODI POST, BANGALORE 67. ...APPELLANT (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) AND: 1. MAQSOOD PASHA S/O JAVEED PASHA, R/AT NO 68/1, 7TH MAIN, PADARAYANAPURA, BANGALORE 26. 2. MANJULA M W/O H S MANJUNATH, NO 717, ANUGRAHA, DINNUR MAIN ROAD, MARIYAPPA BLOCK, R T NAGAR POST, BENGALURU 560032. 3. FUTURE INDIA GEN INS CO LTD NO 18/1, OLD NO 125/A, PASADENA III FLOOR, ASHOKA PILLAR ROAD, JAYANAGAR I BLOCK, BENGALURU 560001 BY ITS MANAGER. - 7 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS 4. E HARIKRISHNA S/O G ELUMALAI, R/AT NO 48, 4TH CROSS BELI MUTT ROAD, NEAR COTTONPET POLICE STATION, BAKSHI GARDEN, CHICKPET, BENGALURU 560053. 5. SHAHID NO 12/1, VINAYAKA NAGAR, OLD GUDDDAHALLI, BAPUJI NAGAR, MYSORE ROAD, BENGALURU 560018. 6. HDFC ERGO GEN INS CO LTD NO 14, HM GENEVA HOUSE, CHUUNINGHAM ROAD, BENGALURU 560052 BY ITS MANAGER. ...RESPONDENTS (BY SRI.PRADEEP., ADVOCATE FOR R3; SRI. H.S. LINGARAJU, ADVOCATE FOR R6; NOTICE TO R1, R2, R4 & R5 ARE D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.06.2023 PASSED IN MVC NO.2748/2021 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 8 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS IN MFA NO. 7465/2023 BETWEEN: MUBARAK SULTHANA @ MUBARAAK SULTHANA AKRAM W/O S AKRAM, AGED ABOUT 46 YEARS, R/AT NO 7/3, SINGARVEL MUDALIYAR STREET, HOSUR TOWN, KRISHNAGIRI DISTRICT, TAMILNADU. ...APPELLANT (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) AND: 1. MAQSOOD PASHA S/O JAVEED PASHA, R/AT NO 68/1, 7TH MAIN, PADARAYANAPURA, BANGALORE 26. 2. MANJULA M W/O H S MANJUNATH, NO 717, ANUGRAHA, DINNUR MAIN ROAD, MARIYAPPA BLOCK, R T NAGAR POST, BENGALURU 560032. 3. FUTURE INDIA GEN INS CO LTD NO 18/1, OLD NO 125/A, PASADENA III FLOOR, - 9 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS ASHOKA PILLAR ROAD, JAYANAGAR I BLOCK, BENGALURU 560001 BY ITS MANAGER. 4. E HARIKRISHNA S/O G ELUMALAI, R/AT NO 48, 4TH CROSS BELI MUTT ROAD, NEAR COTTONPET POLICE STATION, BAKSHI GARDEN, CHICKPET, BENGALURU 560053. 5. SHAHID NO 12/1, VINAYAKA NAGAR, OLD GUDDDAHALLI, BAPUJI NAGAR, MYSORE ROAD, BENGALURU 560018. 6. HDFC ERGO GEN INS CO LTD NO 14, HM GENEVA HOUSE, CHUUNINGHAM ROAD, BENGALURU 560052 BY ITS MANAGER. ...RESPONDENTS (BY SRI.PRADEEP., ADVOCATE FOR R3; SRI. H.S. LINGARAJU, ADVOCATE FOR R6; NOTICE TO R1, R2, R4 & R5 ARE D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.06.2023 PASSED IN MVC NO.2749/2021 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 10 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS IN MFA NO. 7494/2023 BETWEEN: THE MANAGER FUTURE INDIA GNERALI INSURANCE CO LTD., NO 18/1, OLD NO 125/A, PASADENA, III FLOOR, ASHOKA PILLAR ROAD, JAYANAGAR I BLOCK, BANGALORE 01, NOW REP BY ITS LEGAL MANAGER, FUTURE GNERALI INDIA INSURANCE CO LTD., 3RD AND 4TH FLOOR SHRAVANEE KRISHNA MANSION, 100 FEET ROAD, 2ND BLOCK, JAYANAGARA, BANGALORE 560011. ...APPELLANT (BY SRI. PRADEEP B.,ADVOCATE) AND: 1. MUBARAK SULTHANA @ MUBARAK SULTHANA AKRAM W/O S AKRAM, AGED ABOUT 46 YEARS, R/AT NO 7/3, SINGARVEL MUDALIYAR STREET, HOSUR TOWN, KRISHNAGIRI DISTRICT, TAMIL NADU. 2. MAQSOOD PASHA S/O JAVEED PASHA, - 11 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS R/AT NO 68/1, 7TH MAIN, PADARAYANAPURA, BANGALORE 26 (EXPARTE). 3. MANJULA M W/O H S MANJUNATH, NO 717, ANUGRAHA, DINNUR MAIN ROAD, MARIYAPPA BLOCK, R T NAGAR POST, BANGALORE 32. 4. E HARIKRISHNA S/O G ELUMALAI, R/AT NO 48, 4TH CROSS, BELI MUTT ROAD NEAR COTTONPET POLICE STATION BAKSHI GARDEN CHICKPET BANGALORE - 53. 5. SHAHID NO 12/1, VINAYAKA NAGAR, OLD GUDDADAHALLI BAPUJI NAGAR, MYSORE ROAD, BANGALORE 18. 6. HDFC ERGO GIC LTD NO 14, HM GENEVA HOUSE, CUNNINGHAM ROAD, BANGALORE 52. ...RESPONDENTS (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE FOR R1; SRI. H.S. LINGARAJU, ADVOCATE FOR R6; R3 SERVED & UNREPRESENTED; NOTICE TO R2, R4 & R5 ARE D/W) - 12 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.06.2023 PASSED IN MVC NO.2749/2021 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), AWARDING COMPENSATION OF RS.1,25,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 7538/2023 BETWEEN: THE MANAGER FUTURE INDIA GENERAL INSURANCE CO LTD., NO. 18/1, OLD NO. 125/A, PASADENA, III FLOOR, ASHOKA PILLAR ROAD, JAYANAGAR I BLOCK, BANGALORE 01, NOW REP BY ITS LEGAL MANAGER,, FUTURE GENERAL INDIA INSURANCE CO LTD.,3RD AND 4TH FLOOR, SHRAVANEE KRISHNA MANSION, 100 FEET ROAD, 2ND BLOCK, JAYANAGARA BANGALORE - 560011. ...APPELLANT (BY SRI. PRADEEP B.,ADVOCATE) AND: 1. MUDDASSIRA SULTHANA ATHERI W/O SYED MAHABOOB, AGED ABOUT 44 YEARS, R/AT NO. 261/30, 4TH MAIN, SUBEDARPALYA, YESHWANTHPUR, BANGALORE NORTH. - 13 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS 2. MAQSOOD PASHA S/O JAVEED PASHA, R/AT NO. 68/1 7TH MAIN, PADARAYANAPURA, BANGALORE - 26. (EXPARTE). 3. MANULA M W/O H S MANJUNATH, NO. 717, ANUGRAHA, DINNUR MAIN ROAD, MARIYAPPA BLOCK, R T NAGAR POST, BANGALORE 32. 4. E HARKRISHNA S/O G ELUMALAI, R/AT NO. 48, 4TH CROSS, BELI MUTT ROAD, NEAR COTTONPET POLICE STATION, BAKSHI GARDEN, CHICKPET, BANGALORE - 53. 5. SHAHID NO. 12/1, VINAYAKA NAGAR, OLD GUDDABAHALLI, BAPUJI NAGAR, MYSORE ROAD, BANGLAORE 18. 6. HDFC ERGO GIC LTD NO. 14, HM GENEVA HOUSE, CUNNINGHAM ROAD, BANGALORE - 52. ...RESPONDENTS (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) - 14 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.06.2023 PASSED IN MVC NO.2747/2021 ON THE FILE OF THE II ADDITIONAL JUDGE, ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-13, AWARDING COMPENSATION OF RS.1,13,131/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE REALIZATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) These appeals are against the common judgment and award dated 08.06.2023 in MVC No.2747/2021, 2748/2021 and 2749/2021 on the file of the Additional Small Causes Court and MACT Bengaluru [for short, 'the Tribunal']. The claimants and the Insurer of one of the two vehicles involved in the accident [car bearing Registration No. KA-04-ME 8166] have filed their respective appeals. The - 15 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS Claimants were inmates of a car bearing registration No. KA-04/ME 8166. The details of the claim petitions and the corresponding appeals are as follows. MVC Number. The amount of Compensation1 The Insurer’s Appeal [MFA Number] The corresponding Claimants Appeal [MFA Number] 2747/2021 Rs.1,31,131/- 7538/2023 7461/2023 2748/2021 Rs.32,41,180/- 7491/2023 7464/2023 2749/2021 Rs.1,25,000/- 7494/2023 7465/2023 2. The Insurers of the car and the goods vehicle involved in the accident do not dispute that these vehicles were covered under the corresponding valid policies, but this Court is called upon to decide on the respective grievance as against the Tribunal's finding that the driver of the car and goods vehicle were negligent [and in the ratio of 75:25] and the Tribunal’s conclusion that each of the claimants are 1 Apart from the compensation sum, interest is granted at 6% per annum from the claim petitions to the deposit - 16 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS entitled for a particular compensation with interest. The claimants are collectively referred to as ‘the claimants’ and individually as ‘the claimant with reference to the related claim petition’. The Insurers are collectively referred to as 'the Insurers,' and individually as 'the Insurer of the car’ and the ‘Insurer of the goods vehicle’. 3. The claimants, on 30.11.2019, were traveling in the car [insured with the Insurer in appeal], with their relatives on the Binny Mill Road, Cottonpet, Bengaluru when, as alleged by them, the driver of the car hit the parked goods vehicle because he was rash and negligent. The goods vehicle is insured with the Insurer, who is also a party to these proceedings as a respondent in all these appeals. The claimants have suffered injuries, and they have received certain treatment. The claimants seek compensation for loss of earning ability and on other heads. - 17 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS 4. The claimants have examined themselves to support their case that they have suffered injuries resulting in disability because of the car driver’s negligence. They rely upon their ocular evidence and the police records such as copies of [i] FIR/ the first information, [ii] a sketch of the accident spot and mahazar, [iii] IMV report, [iv] the Wound Certificate/s and [v]the first part of the charge sheet. It is seen from the records that a certain Ms. Mubasira has filed the First Information stating that, on 30.11.2019, she and the others were returning by car after attending a wedding and at 5.55 a.m. when they were near Binny Mill Circle, the driver of the car, who was rash and negligent, dashed against the parked goods vehicle. The police, as part of investigation, have prepared a sketch of the spot and drawn a mahazar, and they have ultimately filed a charge sheet against the drivers of the car and the goods - 18 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS vehicle for the offence punishable under Sections 279, 338 and 283 of IPC. 5. The Tribunal, while answering the common Issue viz., whether the claimants prove that the accident was because the driver of the car was rash and negligent, has found that both the drivers are negligent opining that the evidence on record does not establish that the goods vehicle’s driver had taken measures to put out precautionary measures to show that there is a breakdown and that this was necessary though the accident is on a double road with the median. 6. Mr. Pradeep B, the learned counsel for the Insurer of the car, submits that the proper appreciation of evidence on record will show that both the drivers were rash and negligence, and therefore, the apportionment of negligence must be equal between them and not in the ratio 75:25. The - 19 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS learned counsel points out that the accident was in the early hours of the morning and that the driver of the goods vehicle had not put out any signal to the oncoming vehicles. Mr. Sripad V. Shastry and Mr. H.S. Lingaraju, the learned counsels for the claimants and the Insurer of the Goods vehicle, are heard in the light of this canvass and on the claimants’ case for enhancement. Mr. Sripad V Shastry asserts that the Tribunal is conservative in granting compensation under certain heads or has not granted compensation at all under the relevant heads. 7. The questions for consideration in the light of the canvas on the contributory negligence and the quantum of compensation as awarded by the Tribunal to each of the claimants are: - 20 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS [a] whether the Tribunal’s finding on contributory negligence is perverse or irregular justifying any interference, and [b] whether the compensation amounts awarded to the claimants by the Tribunal must be modified. 8. The claimants have examined themselves as witnesses [PW -1 to PW - 3]. Each of these claimants, who were inmates of the car, has stated that the car driver was rash and negligent and that he was driving at a high speed. Ms. Mubasira, a sister of the claimants, has filed the First Information with the police stating that the car driver was rash and negligent. However, this person is not examined as a witness. The police have drawn a sketch of the accident scene and this is marked in evidence. The road on which the accident has occurred is a 70-wide Road, and it is separated by a median. The goods vehicle was parked immediately after a crossroad. The car has hit the parked vehicle from behind. - 21 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS 9. The Insurers have examined their legal manager as RW1 and RW2, and these witnesses have deposed based on the police records asserting that the driver of the other vehicle was rash and negligent. The Insurers have examined none other witness. The contention on behalf of the Insurer of the car is that the goods vehicle was parked on the left-hand side and that there was no space for the car driver to move without hitting the parked vehicle. The question of negligence must be examined in the light of this evidence and the police investigation documents. 10. The claimants have stated that the car driver was negligent, and it is also brought on record by them that the driver of the goods vehicle has not switched on the blinkers. This would be material because the accident as aforesaid is in the early hours [at 05:45 a.m.] It is argued that the Goods vehicle driver had not parked the vehicle on the extreme left, but this is not borne out by the sketch - 22 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS or the ocular evidence. If the Insurer of the car could deflect any part of the higher negligence, it was imperative for it to examine a witness [or introduce a document] to show that the Goods-vehicle was parked without space for the other vehicles. This insurer has alleged that there was no space for the other vehicles but has not let in evidence. The Tribunal, in the light of this evidence, has opined that the Car driver was more negligent. This Court does not find the Tribunal’s finding on contributory negligence perverse or irregular justifying an opinion in favour of the equal negligence by the drivers. The first question is answered accordingly. On the quantum of compensation in MVC 2747/2021 [MFA No. 7461/2023]: 11. The Claimant has suffered facial injuries with fracture of left zygomatic arch and fracture of left coronoid and other facial fractures. Dr. N Chaitanya Babu, a dental surgeon, is examined as - 23 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS PW8, and this doctor has assessed the claimant’s permanent disability, because of the injury suffered in the accident, at 40% of the whole body. The Tribunal, in the light of this evidence and the claimant’s uncontroverted evidence that she is working as a teacher at M/s Shastri Memorial English School earning 15,000 per month, has awarded Rs.1,31,131/- under the following heads. Sl.No. Compensation award under different heads Award Amount (MACT) 1. Pain and Sufferings Rs. 40,000/- 2. Loss of Amenities Rs. 30,000/- 3. Medical Expenses Rs. 38,131,/- 5. Conveyance, Food, Nourishment & Attendant Charges Rs. 5,000/- Total Rs.1,31,131/- 11.1 Sri Shripad V Shastri, the learned counsel for this claimant, submits that, because of the injuries suffered by the claimant and the - 24 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS assessment of the disability, the Tribunal could not have come granted Rs.30,000 towards loss of amenities and only a sum of 5000 towards conveyance food nourishment and attendant charges. The learned counsel also submits that the claimant could not attend work for over three months, and therefore, there must be an appropriate amount towards loss of income during laid up. 11.2 The undisputed evidence is that the claimant was hospitalised for 5 days between 02.12.2019 and 06.12.2019 with M/s KIMS Hospital, Bangalore to receive treatment for the fractures suffered in the face [in the left zygomatic arch and left coronoid]. The doctor, while assessing the disability because of the injuries has also clarified that the disability is in chewing, and more crucially, the doctor has stated that the claimant’s facial appearance is affected and it would require some time for her to regain appearance but her chewing is - 25 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS permanently disable is affected. This Court opines that there must be just compensation not only for the loss of amenities but also towards Attendant/ other Charges and loss of income during laid up period, and the amounts under these heads must be in Rs.1,50,000/-, Rs,30,000/- and Rs.25,000/- respectively. As such, there will be an enhancement of Rs.1,52,000/- as shown by the comparative table: Sl. No. Compensation award under different heads Award Amount (MACT) Award Amount (High Court) 1. Pain & Sufferings Rs. 40,000/- Rs. 40,000/- 2. Loss of Amenities Rs. 30,000/- Rs. 1,50,000/- 3. Medical Expenses Rs. 38,131/- Rs. 38,131/- 5. Conveyance, Food, Nourishment & Attend and Charges Rs. 5,000/- Rs. 30,000/- 6. Loss of income during laid up NIL Rs. 25,000/- 7. Total Rs. 1,31,131/- Rs. 2,83,131/- Enhanced Compensation Rs. 1,52,000/- - 26 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS On the quantum of compensation in MVC 2748/2021 [in MFA No. 7464/2023]: 12. This Claimant has also suffered facial injuries with the fractures of the vomer bone, of the left frontal bone, of the sphenoid sinus and of the roof of the left orbit. Dr. Samhitha, an Ocuplasty and Squint Consultant, is examined as PW-7, and this doctor has assessed the claimant’s blindness in left eye at 90% disability. Dr. N Chaitanya Babu, a dental surgeon who is examined as PW8, has assessed the claimant’s permanent disability, because of the injury suffered in the accident, at 20% to the whole body. Dr. Banu Prakash, a consultant Neurosurgeon and spine surgeon is examined as PW-9, and this doctor has assessed the disability of body excluding visual disability at 87.30%. 12.1 The Tribunal, in the light of this evidence,has assessed the total functional disability of the claimant at 75%, and the claimant’s - 27 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS uncontroverted evidence that she is working as a tailor earning Rs. 20,000 per month, has awarded Rs.32,41,180/- under the following heads; Sl. No. Compensation award under different heads Award Amount (MACT) 1. Loss of future earnings Rs. 28,22,400/- 2. Pain and Suffering 1,00,000 2. Loss of Amenities Rs. 50,000/- 3. Medical Expenses Rs. 2,48,780/- 5. Conveyance, Food, Nourishment & Attendant Charges Rs. 20,000/- Total Rs.32,41,180/- 12.2 Sri Shripad V Shastri, as in the other cases, submits that, because of the injuries suffered by the claimant and the assessment of the disability, the Tribunal could not have granted Rs.50,000 towards loss of amenities and only a sum of Rs.20,000 towards conveyance, food nourishment and attendant charges. The learned counsel also submits that the claimant could not attend work for - 28 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS over three months, and therefore, there must be an appropriate amount towards loss of income during laid up period. 12.3 The Doctors, as aforesaid, have spoken about the claimant’s disability, and the Tribunal has assessed the claimant’s permanent disability and therefore the functional disability. The Tribunal has assessed the Claimant’s functional disability at 75% and has awarded a sum of Rs.28,22,400/- towards loss of future earnings. This Court is of the opinion that the award under this head as also the awards under the other heads, except the award for convenience, food, nourishment and attendant charges, is reasonable. Further, on a careful consideration this Court is of the opinion that given the circumstances , the claimant will be entitled for a global sum of Rs.1,00,000/- with interest at 6% p.a. from the date of this judgement. - 29 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS On the quantum of compensation in MVC 2749/2021 [in MFA No. 7465/2023] 13. The claimant has suffered a bilateral fracture of the nasal bone and an injury of the lower eyelids.The claimant has examined PW4 -6, who are the technicians, and they have produced the case sheets, inpatient records, discharge summary, police intimation, MLC register extract and X-rays. The Tribunal has concluded that the claimant has not examined a doctor or adduced any evidence to prove the disability or the injuries suffered by her. The claimant asserts that she was working as an Arabic teacher earning Rs. 50,000 per month; however, the Tribunal has observed that no evidence is produced in this regard 13.1 The Tribunal, in these circumstances, has granted to this claimant compensation in a global sum of Rs.1,25,000/-. Sri Shripad V Shastri argues - 30 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS for enhancement in the compensation, but upon perusal of the records and a careful consideration, give, the claimant’s circumstances and the injuries suffered by her, this Court is of the considered view that the Tribunal, in awarding of a global sum as aforesaid, has granted just to reasonable compensation and there is no need for interference in this appeal. ORDER [A] The appeal in MFA No. 7538/2023 is dismissed and the appeal in MFA No. 7461/2023 is allowed in-part, and the tribunal judgement and award dated 08.06.2023 in MVC No. 2747/2021 is modified granting to the Claimant a total compensation in a sum of Rs.2,83,131/- (including enhanced compensation of Rs.1,52,000/-) along with interest 6% per annum from the date of deposit from the - 31 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS date of the claim petition to the date of deposit. The Insurer of the Car shall pay this enhanced compensation and the compensation awarded by the Tribunal within eight [8] weeks from the date of receipt of a certified copy of this order. [B The appeal in MFA No. 7491/2023 is dismissed and the appeal in MFA No. 7464/2023 is allowed in-part, and the Tribunal judgement and award dated 08.06.2023 in MVC No. 2748/2021 is modified granting to the Claimant an enhanced compensation in a sum of Rs.1,00,000/- along with interest 6% per annum from the date of deposit from the date of the claim petition to the date of deposit. The Insurer of the Car shall pay this enhanced compensation and the - 32 - HC-KAR NC: 2025:KHC:23893-DB MFA No. 7491 of 2023 C/W MFA No. 7461 of 2023 MFA No. 7464 of 2023 AND 3 OTHERS compensation awarded by the Tribunal within eight [8] weeks. [C] The appeal in MFA No. 7494/2023 and the appeal in MFA No. 7465/2023 are dismissed. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE SA* List No.: 1 Sl No.: 34