- 1 - HC-KAR NC: 2025:KHC:45256 MFA No. 1955 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1955 OF 2024 (MV-D) BETWEEN: 1. THE MANAGER ACKO GIC LTD., NO 36/05, HUSTLED HUB ONE EAST, SOMASANDRA PALYA, 27TH MAIN ROAD, SECTOR 2, HSR LAYOUT, BANGALORE - 560 102 NOW REP BY THE MANAGER ACKO GIC LTD., NO 9, 17TH A MAIN ROAD, NEAR SUKH SAGAR RESTAURANT, 5TH BLOCK, KORAMANGALA, BENGALURU - 560 095 …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. NIROSHA B.M. W/O LATE VINOD KUMAR AGED ABOUT 33 YEARS, 2. SANVI B V D/O LATE VINOD KUMAR AGED ABOUT 8 YEARS, MINOR, WILL BE REPRESENTED BY HER MOTHER, I.E., 1ST RESPONDENT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45256 MFA No. 1955 of 2024 3. RAJESHWARI W/O LATE ANGAMUTTHU AGED ABOUT 62 YEARS, R1 TO R3 ARE R/AT B M ROAD, HARANAHALLI HOBLI, BAILAKUPPE, PERIYAPATNA TALUK, MYSORE DISTRICT 4. NANJEGOWDA M S/O MANJUNATHA S MAJOR, R/AT NO 10, BARAGENAHALLI, THRIKERE TALUK, CHIKMAGALORE DISTRICT …RESPONDENTS (R1 AND R3 ARE SERVED R2 IS MIONR REPRESENTED BY R1 NOTICE TO R4 IS DISPENSED WITH VIDE ORDER DATED 02.04.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2024 PASSED IN MVC.NO.1230/2022 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, COURT OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE AT MYSURU, AWARDING COMPENSATION OF RS.29,27,664/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ENTIRE REALIZATION . THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45256 MFA No. 1955 of 2024 ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1230/2022 dated 08.01.2024 by the Court of the Motor Accidents Claims Tribunal at Mysuru (In the Court of Additional Small Causes and Senior Civil Judge at Mysuru) (Judge, Additional Court of Small Causes, as a Presiding Officer, Motor Accidents Claims Tribunal, Mysuru), the Insurance Company/appellant is before this Court questioning the negligence and the quantum of compensation. 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Amount in Rs. 1. Loss of Dependency (With Future Prospectus) Rs.27,77,664/- 2. Loss of Consortium (Rs.40,000/- x 3) Rs.1,20,000/- 3. Loss of Estate Rs.15,000/- 4. Funeral Expenses Rs.15,000/- TOTAL RS.29,27,664/- 3. Learned counsel appearing for the appellant/Insurance Company submits that the Tribunal had taken the income at Rs.15,500/- as per the minimum wages. It is submitted that the accident has taken place at a curve in the road. There is a - 4 - HC-KAR NC: 2025:KHC:45256 MFA No. 1955 of 2024 contributory negligence on the part of the claimants and the same was not been considered by the Tribunal. The contributory negligence shall be apportioned at 50%, as it is a head on collusion. 4. Though notice is served on the respondents, no vakalath is filed. 5. Having heard the learned counsel for the appellant/Insurance Company, perused the material on record. The accident had occurred in the year 2022. The Tribunal has taken the income at Rs.15,500/- and this Court do not find any reason to interfere with the quantum of compensation as Tribunal has granted, just and reasonable compensation. Then coming to the second submission that there is contributory negligence this Court is not able to appreciate the submission, as the Insurance Company has not produced any independent evidence in that regard, and the charge sheet is filed against the driver of the offending vehicle. 6. Accordingly, the appeal filed by the Insurance Company is dismissed. - 5 - HC-KAR NC: 2025:KHC:45256 MFA No. 1955 of 2024 i. The amount in deposit shall be forthwith transferred to the trial Court. ii. 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. iii. No cots. iv. Pending miscellaneous petitioner, if any shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 6