- 1 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 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. 2229 OF 2024 (MV-D) BETWEEN: 1. SRI. BHATYAPPA S/O PILLAPPA AGED ABOUT 47 YEARS, 2. SMT. SUSHILAMMA T W/O BHATYAPPA AGED ABOUT 44 YEARS, BOTH ARE R/AT GADIGENAHALLI VILLAGE, KEMBALIGANAHALLI, HOSAKOTE TALUK - 562 114. …APPELLANTS (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. M/S. NEW INDIA ASSURANCE CO. LTD., BY THE MANAGER, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 MOTOR CLAIMS HUB, NO.09, 2nd FLOOR, MAHALAKSHMI CHAMBERS, S M G ROAD, BENGALURU - 560 001. 2. DOT TRUCKERS LIMITED 1 KM SIKRI PIYALA ROAD, BALLABGARH, FAIRDABAD, HARYANA - 121 004 …RESPONDENTS (BY SRI. ANUP SEETHARAMA RAO, ADVOCATE FOR SRI. ANUP SEETHARAM RAO B.C, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH; VIDE ORDER DATED 20.11.2024) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.06.2023 PASSED IN MVC NO. 5610/2022 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.5610/2022 dated 20.06.2023 by the XV Additional Small Causes Judge aad XXIII A.C.M.M., Member M.A.C.T., Mayo Hall Unit, Bengaluru (SCCH-19) (hereinafter referred to as the "Tribunal"), the claimants are before this Court seeking enhancement of the compensation and also questioning the contributory negligence fixed at 15% on the deceased. When it comes to the compensation, the Tribunal has awarded the compensation as per the table given below: SL. No. Under the Heads of: Amount 1. Loss of dependency : Rs. 23,43,600/- 2. Towards loss of Filial Consortium : Rs. 80,000/- 3. Towards funeral and obsequies ceremonies : Rs. 15,000/- 4. Towards loss of estate : Rs. 15,000/- TOTAL : Rs. 24,53,600/- 2. Learned counsel appearing for the appellants submits that in the entire award, the Tribunal had discussed how the driver of the offending vehicle was driving the vehicle - 4 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 in a rash and negligent manner and how he was involved in the accident. But when it comes to the finding, it is observed by the Tribunal that the deceased did not have a valid driving license as on the date of the accident. The Tribunal gives a finding that there is contributory negligence on the part of the deceased and negligence is fixed at 15%. It is submitted that the said finding of the Tribunal is contrary to the evidence on record and the same needs to be set aside. 3. Then coming to the compensation, it is submitted that under the conventional heads he is entitled for an amount of Rs.88,000/- towards loss of consortium and Rs.36,000/- towards funeral expenses. Further, he had spent an amount of Rs.4,50,000/- towards the medical expenses. In the evidence, it has been elicited that Rs.4,00,000/- has been reimbursed by the Insurance Company and as far as Rs.50,000/- is concerned, the claimants are entitled to it, which was not granted by the Tribunal. It is submitted that on these grounds also, the compensation needs to be enhanced. 4. Learned counsel appearing for the Insurance Company submits that the Tribunal has rightly fixed the - 5 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 contributory negligence on the deceased, as he did not have a valid driving license and as he was aged about 18 years and 2 months. Insofar as the quantum is concerned, the Tribunal has rightly considered and granted the compensation and no grounds are made out to interfere with the award by the Tribunal. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of contributory negligence, in the entire order, the Tribunal had discussed about how negligent the driver of the opposite vehicle is and because of his negligence, the accident had taken place. End of it by just considering the contention of the Insurance Company, the Tribunal comes to the conclusion that there is contributory negligence. 6. Admittedly, in this case the vehicle has come from the back side and hit the vehicle. The charge sheet was filed against the insured vehicle. Under these circumstances, apportionment of 15% negligence on the deceased is contrary to the evidence available on record and the same needs to be set aside. Coming to the quantum, as rightly argued by the - 6 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 learned counsel for the appellants, the claimants are entitled for loss of consortium. Hence, this Court is granting an amount of Rs.88,000/-. Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. Towards the loss of dependency is concerned, the Tribunal has rightly granted the compensation of an amount of Rs.23,43,600/- and no interference is called for. 7. On perusal of the cross-examination, it shows that there is reimbursement of Rs.4,00,000/-. Hence, this Court deems it appropriate to grant medical expenses an amount of Rs.50,000/- which is not reimbursed by the Insurance Company. 8. In the light to the law laid down in the case of V.Mekala Vs. M. Malathi and Another1 are entitled for an amount of Rs.10,000/- towards. 9. Altogether, the claimants are entitled for an amount of Rs.25,27,600/-, under the following heads: 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 23,43,600/- 23,43,600/- 2. Towards loss of Filial Consortium : Rs. 80,000/- 88,000/- 3. Towards funeral and obsequies ceremonies : Rs. 15,000/- 36,000/- 4. Loss of Estate : Rs. 15,000/- 5. Legal expenses : Rs. --- 10,000/- 6. Medical expenses : Rs. --- 50,000/- TOTAL : Rs. 24,53,600 25,27,600/- Enhancement : Rs. 74,000/- 10. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.24,53,600/- to Rs.25,27,600/-. i. The enhanced amount shall carry interest at 6% per annum from the date of the appeal till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. On - 8 - HC-KAR NC: 2025:KHC:45174 MFA No. 2229 of 2024 such deposit, the claimant is entitled to withdraw the entire amount as per the award. iv. The amount in deposit shall be forthwith transferred to the Tribunal. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM/List No.: 1 Sl No.: 7