- 1 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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.2481 OF 2024 (MV-D) C/W MFA CROSS OBJECTION NO.65 OF 2024 (MV-D) IN MFA No. 2481/2024 BETWEEN: THE MANAGER THE ORIENTAL INSURANCE CO. LTD., SRI SHARADA COMPLEX, OPPOSITE KSRTC BUS STAND, CHITRADURGA-577501 KARNATAKA STATE, POLICY ISSUING OFFICE: MAHARANA PRATHAP CHOURAHA JANGID MANSION, MHOW NEEMUCH ROAD, MANDASUR, MADHYA PRADESH PIN-458001 REP. BY ITS DEPUTY MANAGER, APPELLANT'S BENGALURU REGIONAL OFFICE. …APPELLANT (BY SRI. RAJENDRA HEGDE., ADVOCATE) AND: 1. SMT. PUSHPALATHA W/O LATE A. SATHISHA AGED ABOUT 24 YEARS, 2. S PALLAVI D/O LATE A. SATHISHA AGED ABOUT 3 YEARS, MINOR Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 REPRESENTED BY HER NEXT FRIEND NATURAL GUARDIAN MOTHER RESPONDENT NO.1 HEREIN BOTH ARE R/O HOSAKERE VILLAGE, SOKKE HOBLI, JAGALUR TALUK, DAVANAGERE DISTRICT-577528 NOW RESIDENT OF C/O D/O THIPPESWAMY, NEAR WATER TANK, BHOVI COLONY, GOPALAPURA, CHITRADURGA TOWN-577501 3. SRI RADHESHYAM DHAKAD, S/O VARDICHAND DHAKAD, AGED ABOUT 60 YEARS, R/O 41, PREM COLONY, MANDSOUR, MADHYA PRADESH-458001. 4. SRI N. ASHOKAPPA S/O LATE NAGENDRAPPA, AGED ABOUT 72 YEARS, 5. SMT RATHNAMMA W/O N ASHOKAPPA AGED ABOUT 62 YEARS, BOTH ARE RESIDENTS OF HOSAKERE VILLAGE, SOKKE HOBLI, JAGALUR TALUK, DAVANAGERE DISTRICT-577528. …RESPONDENTS (BY SRI. H ASHOK KUMAR., ADV. FOR R1 AND R2 (R2 IS MINOR REPRESENTED BY R1), SRI. SREEHARSHA A.K., ADV. FOR R4 & R5, V/O DATED: 10.06.2025 SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT.) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.11.2023 PASSED IN MVC NO.276/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, AWARDING - 3 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 COMPENSATION OF RS.28,92,600/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. IN MFA.CROB NO. 65/2024 BETWEEN: 1. SMT PUSHPALATHA W/O LATE A SATHISHA, AGED ABOUT 24 YEARS, OCC: HOUSE WIFE, R/AT HOSAKERE VILLAGE, SOKKE HOBLI, JAGALUR TALUK, DAVANAGERE DISTRICT, NOW R/OF C/O D/O THIPPESWAMY, NEAR WATER TANK, BHOVI COLONY, GOPALPURA, CHITRADURGA TOWN PIN.-577501. 2. S. PALLAVI D/O LATE A. SATHISHA, AGED ABOUT 03 YEARS, MINOR, REPRESENTED BY HER NATURAL MOTHER 1ST OBJECTOR SMT. PUSHPALATHA, W/O LATE A. SATHISHA, AGED ABOUT 24 YEARS, OCCUPATION HOUSE WIFE, R/AT HOSAKERE VILLAGE, SOKKE HOBLI, JAGALUR TALUK, DAVANAGERE DISTRICT, NOW R/OF C/O D/O THIPPESWAMY, NEAR WATER TANK, BHOVI COLONY, GOPALAPURA, CHITRADURGA TOWN - 577501 ...CROSS OBJECTORS (BY SRI. H ASHOK KUMAR., ADV.) AND: - 4 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 1. SRI. RADHESHYAM DHAKAND, S/O VARDICHAND DHAKAD, AGED ABOUT 60 YEARS, R/AT NO. 41 PREM COLONY, MANDSOUR, MADHYA PRADESH, PIN-458001. 2. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., SRI SHARADA COMPLEX, OPPOSITE KSRTS BUS STAND, CHITRADURGA-577501 KARNATAKA STATE POLICY ISSUING OFFICE, MAHARANA PRATAP CHOURAHA, JANGID MANSION, MHOW NEEMUCH ROAD, MANDSAUR, MADHYA PRADESH- PIN-458001. 3. SRI N. ASHOKAPPA S/O LATE NAGENDRAPPA, AGED ABOUT 72 YEARS, OCCUPATION AGRICULTURIST, R/O HOSAKERE VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT-577528. 4. SMT. RATHNAMMA W/O N. ASHOKAPPA, AGED ABOUT 60 YEARS, OCCUPATION HOUSE WIFE, R/O HOSAKERE VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT PIN-577528. ...RESPONDENTS (BY SRI. RAJENDRA HEGDE, ADV. FOR R2, V/O DATED: 24.06.2025 NOTICE TO R1 IS DISPENSED WITH, SRI. SREEHARSHA A.K., ADV. FOR R3 & R4.) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W - 5 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2023 PASSED IN MVC.NO. 276/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL AND CROSS OBJECTION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, 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 G BASAVARAJA) Both Miscellaneous First Appeal and MFA Cross-objections arise out of the Judgment and award dated 02nd November, 2023 passed in MVC No.276 of 2022 by the I Additional Senior Civil Judge & Additional Motor Accident Claims Tribunal-IV, Chitradurga (for short hereinafter referred to as the "Tribunal"). 2. Miscellaneous First Appeal is filed by the Insurance Company challenging quantum of compensation and also liability. MFA Cross-objections is by the claimants seeking enhancement of compensation. 3. Brief facts leading to this appeal and cross-objections are that on 23rd August 2021 at about 3:45 pm, Sathish was - 6 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 riding his motorcycle bearing registration No.KA-17/EE-861 from Hosakere to Chitradurga. When he was proceeding slowly and cautiously on the flyover of National Highway near G.R. Halli, at that time, the driver of lorry bearing No.MP-14/HC- 0285, which was proceeding in front of the motorcycle, had suddenly applied the brake and stopped the vehicle. As a result, the motorcycle dashed to the lorry, owing to the impact of which, the rider sustained grievous injuries all over the body and died on the spot. The legal heirs of the deceased filed claim petition before the Tribunal seeking compensation. It is stated in the claim petition that the deceased was earning Rs.30,000/- per month as a Barber and Rs.15,000/- from agriculture. It is stated that due to the untimely death of the deceased, the family has not only suffered mental shock but also put to financial loss. Hence, sought for compensation. 4. Upon issuance of notice, Respondent No.2-Insurance Company filed objections to the claim petition denying the allegation made in the petition, but taken a specific contention that the amount claimed in the petition is exorbitant. It is also stated that the accident did not occur because of negligent act - 7 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 on the part of the driver of the offending lorry, but solely on part of the deceased who was negligent while riding the motorcycle. It is also stated that the rider of the motorcycle was not having valid and effective driving license as on the date of the alleged accident. 5. Having heard the arguments, the Tribunal allowed the petition in part and awarded the compensation of Rs.28,92,600/- with interest at the rate of 6% per annum from the date of petition till its deposit. Challenging the impugned Judgment and award, the Insurance Company has preferred appeal. Not being satisfied with the compensation, the applicant claimants have preferred cross-objections seeking enhancement in the compensation. 6. Sri Rajendra Hegde Mulkhand, learned Counsel appearing for the appellant-Insurance Company, submits that the impugned Judgment and award is illegal, arbitrary, contrary to the evidence on record and also against the principles of law laid down by the Hon'ble Supreme Court. He would submit that the evidence and record shows that accident in question took place solely due to rash and negligent riding of the motorcycle - 8 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 by its rider and there was no negligence on the part of the driver of the offending lorry. But, the Tribunal, contrary to evidence on record, has erred in holding that the accident in question took place due to contributory negligence on the part of the driver of the Lorry. He would submit that it has also come in evidence that the rider of the motorcycle dashed to the hind portion of the lorry. It is also submitted that the appellant-claimants have not examined any independent witness to prove that the accident in question took place due to rash and negligent act on the part of the driver of the offending lorry by suddenly bringing the vehicle to a halt. The evidence on record also shows that that rider of motorcycle was riding the same without wearing a helmet, and he was also not having a valid and effective driving license as on the date of accident. It is submitted that had the rider of the two-wheeler maintained safe distance, the fatal accident could have been avoided. Further, the learned Counsel would also submit that the compensation awarded by the Tribunal is also on the higher side and hence on all these grounds sought to allow appeal by dismissing the claim petition. - 9 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 7. On the other hand, Sri Ashok Kumar, the learned Counsel appearing for the cross-objectors would submit that the compensation awarded by the Tribunal is very much on the lower side. He would submit that the Tribunal has deducted one-fourth of the income towards personal expenses of the deceased instead of giving deduction at one-third. He would further submit that the compensation awarded by the Tribunal under other heads is also on the lower side and hence seeks for enhancement. 8. Having heard the submissions advanced by the learned Counsel appearing for the parties and having perused the impugned Judgment and award, the following points would arise for our consideration: 1. Whether the Tribunal has committed an error in giving a finding that the accident occurred due to the rash and negligent driving of the lorry by its driver? 2. Whether the cross-objectors are entitled for enhancement of compensation? 3. What order or award? - 10 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 Regarding Point No.1: 9. The accident is not in dispute and the death of Satish in the road traffic accident is also not in dispute. The challenge by the appellant-Insurance Company is with regard to liability and quantum. 10. The genesis of the case is, Chitradurga Rural Police filed a case in Crime No.341 of 2021 against the driver of the Lorry bearing registration No.MP-14/HC-285 for the offence punishable under Sections 279 and 304A of Indian Penal Code based on the complaint given by PW1 intimating regarding the accident. Immediately after the accident, police rushed to the spot, prepared spot mahazar as per Exhibit P3, obtained inquest report as per Exhibit P4, obtained post-mortem report as per Exhibit P5, obtained motor vehicle report as per Exhibit P6 and filed charge-sheet against the driver of the offending Lorry for the offence punishable under Sections 279, 304A of Indian Penal Code and Sections 187, 181, 146 and 196 of Motor Vehicles Act, 1988. As per Exhibit P6-Motor Vehicle Report, the brake system of the offending Lorry was in order and the accident did not occur due to its mechanical defect. It - 11 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 has also come in the evidence that the respondent No.1 did not appear or contest the appeal and the respondent No.2- Insurance company has not adduced any oral or cogent documentary evidence to falsify the allegations made by the petitioner-claimants. In the absence of the respondent- Insurance Company producing any evidence to discard the evidence placed by the petitioners, the Tribunal has come to the conclusion that the accident occurred solely due to the rash and negligent act of the driver of the offending lorry. Accordingly, we are of the view that the finding given by the Tribunal holding that the accident occurred solely on the negligence of driver of the offending lorry, cannot be found fault with. Accordingly, we answer Point No.1 in the negative. Regarding Point No.2: 11. As regards, compensation awarded by the Tribunal is concerned, the claimants have stated that the deceased was earning monthly Rs.30,000/- from his Barber profession and Rs.15,000/- from agriculture. But, no documents are produced in support of the same. In the absence of any documentary evidence with regard to the income of the deceased, the - 12 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 Tribunal has taken the notional income at Rs.15,000/- per month as per the guidelines of the Karnataka State Legal Services Authority and added 40% to the income towards future prospects, which is just and proper. Considering the age of the deceased, Tribunal has adapted proper the multiplier of 16. As there are four dependents, following the decision of Hon'ble Supreme Court in the case of SARLA VERMA AND OTHERS v. DELHI TRANSPORT CORPORATION LIMITED AND ANOTHER reported in (2009)6 SCC 121, the Tribunal has deducted one-fourth towards the personal expenses of the deceased, which is also correct. In all respects, the compensation awarded by the Tribunal under the head loss of dependency at Rs.30,24,000/- is just and proper. As regards compensation under conventional heads is concerned, the Tribunal has awarded Rs.15,000/- each towards loss of estate and towards funeral expenses, and Rs.1,60,000/- towards loss of consortium, which is also just and proper. Viewed from any angle, the compensation awarded by the Tribunal is just proper and does not call for interference. Accordingly, we answer Point No.2 in the negative. - 13 - HC-KAR NC: 2025:KHC:24958-DB MFA No. 2481 of 2024 C/W MFA.CROB No. 65 of 2024 12. Resultantly, we proceed to pass the following: ORDER i) Both the Miscellaneous First Appeal No.2481 of 2024 filed by the appellant-Insurance Company and MFA Cross-objections No.65 of 2024 filed by the claimants, are dismissed; ii) Judgment and award dated 02nd November, 2023 passed in MVC No.276 of 2022 by the I Additional Senior Civil Judge & Additional Motor Accident Claims Tribunal-IV, Chitradurga, is confirmed; Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 34