- 1 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.9028 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.1114 OF 2018 (MV-I) IN MFA No. 9028/2017: BETWEEN: SRI. B.S.PRAKASH, S/O SIDDAPPA R/O JANNENAHALLI VILALGE RAMAJOGIHALLI POST, CHALALKERE TLAUK, CHITRDURGA DISTRICT – 577 522. …APPELLANT (BY SRI. B PRAMOD, ADVOCATE) AND: 1. SRI. V.SHIVANAPPA S/O VEERANNA OWNER OF THE MOTOR CYCLE HERO SPLENDOR PLUS BEARING REG. NO.K-16-U4867 R/O NANIVALA VILLAGE, CHALLAKERE TALUK – 577 522. 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD, AT 1ST FLOOR, JAGALURU MAHALINGAPPA TOWERS, ABOVE THE HDFC BANK, DAVANAGERE ROAD, CHITRADURGA TOWN, CHITRADURGA – 575 501. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 …RESPONDENTS (BY SRI.O.MAHESH, ADVOCTE FOR R2 (VC) ; V/ O DATED 11.12.2017 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED04.09.2017 PASSED IN MVC NO.939/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1114/2018: BETWEEN: THE BRANCH MANAGER NATIONAL INSURANCE CO LTD., 1ST FLOOR, JAGALUR MAHALINGAPPA TOWERS, DAVANAGERE ROAD, CHITRADURGA TOWN& DIST. BY NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE - 560 001 BY ITS MANAGER. ...APPELLANT (BY SRI. O MAHESH, ADVOCATE) AND: 1. B. S. PRAKASH S/O SIDDAPPA R/O JANNENAHALLI VILLAGE, RAMAJOGIHALLI POST CHALLAKERE POST, CHITRADURGA DIST. 577 501. 2. V. SHIVAPPA S/O VEERANNA AGRICULTURE R/O NANNIVAL VILLAGE, CHALLAKERE TALUK - 3 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 CHITRADURGA DIST 577 501. ...RESPONDENTS (BY SRI. B PRAMOD ADVOCATE FOR R1; SRI. M.S. SHANKARAGULLI, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED04.09.2017 PASSED IN MVC NO.939/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, & MACT, CHALLAKERE, AWARDING COMPENSATION OF RS.1,12,500/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT Both the appeals are filed calling in question the judgment and award dated 04.09.2017 passed in MVC No.939/2016 by the Senior Civil Judge and MACT at Challakere1. Although the appeals are listed for Admission by the consent of both the learned counsels, both the appeals are taken up for consideration. 2. The Tribunal by its judgment and award dated 04.09.2017 has partly allowed the claim petition and held that the claimant is entitled to a total compensation of 1 Hereinafter referred to as ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 Rs.1,12,500/- together with interest at 9% p.a. Being aggrieved, the claimant has preferred MFA No.9028/2017 and the insurer has preferred MFA No.1114/2018. 3. For the sake of convenience, the parties herein are referred as per their rank before the Trial Court. 4. Learned counsel Sri.O.Mahesh appearing for the insurer contends that, the finding of the Tribunal holding that the claimant was negligent to the extent of 25% is erroneous. It is contended that the accident having occurred due to a head on collision and both the drivers having been charge sheeted, the contributory negligence on behalf of the claimant ought to be assessed at a higher percentage. It is further contended that the rate of interest awarded is excessive. 5. Per contra, learned counsel Sri.B.Pramod appearing for the claimant contends that the finding of the Tribunal on contributory negligence is just and proper. It is further contended that the quantum of compensation awarded by the Tribunal requires to be enhanced. - 5 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 6. The submissions of both the learned counsels have been considered and the material on record including the records of the Tribunal have been perused. 7. The questions that arise for consideration are: (i) Whether the finding of the Tribunal, regarding negligence is erroneous and liable to be interfered with? (ii) Whether the quantum of the compensation and the interest awarded thereon is liable to be interfered with? RE. QUESTION No.(i): 8. It is averred in the claim petition that the claimant was proceeding on his motorcycle bearing No.KA- 16-U-7424, when another motorcycle bearing No.KA-16- U-4867 being driven by its rider in a rash and negligent manner, came from the opposite direction and hit the motorcycle of the claimant. Claiming compensation for the injuries sustained in the said accident, the claimant instituted a claim petition arraying the owner and the - 6 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 insurer of the offending motorcycle as respondent Nos.1 and 2. 9. Both the respondents filed the statement of objections and contested the claim proceedings. The Tribunal, while considering the aspect of negligence, held that the claimant was negligent to the extent of 25% in causing the accident in question. 10. It is forthcoming that the claimant examined himself as PW1 and in the cross examination he admitted that as on date of the accident he did not have a valid driving licence and the vehicle was not having any valid policy of insurance. He also admitted that the offending vehicle came from the opposite direction and the accident was a result of a head on collision. The owner of the vehicle examined himself as RW1. It is forthcoming that the police authorities have filed a charge sheet against both the motorcycles and the riders of both the - 7 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 motorcycles have admitted their guilt in the criminal proceedings. 11. Having regard to the fact that the accident was a head on collision and the riders of both the vehicles have admitted their guilt in the criminal proceedings, it is just and proper that the finding of negligence be held that both the riders of the motorcycles are equally responsible for causing the accident in question. Hence, the contributory negligence attributable to the claimant ought to be 50% instead of 25% as assessed by the Tribunal. In view of the same, Question No.(i) framed for consideration is answered partly in the affirmative. RE. QUESTION No.(ii): 12. It is forthcoming from the wound certificate (Ex.P-5) as well as the discharge card (Ex.P-82) that the claimant had sustained fracture of the right mandible and he lost 4 teeth. The claimant is stated to have taken treatment as an inpatient for a total period of 20 days. - 8 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 Although, the disability certificate has been produced as Ex.P-83, no doctor has been examined by the claimant. The Tribunal has assessed the notional income of the claimant at Rs.6,000/- per month. The same ought to be reassessed at Rs.8,000/- having regard to the date of accident. 13. It is noticed that the Tribunal has awarded a sum of Rs.25,000/- towards Pain and Suffering, Rs.39,000/- towards medical bills, Rs.25,000/- towards permanent disability, Rs.10,000/- towards removal of implants and other hospital expenses, Rs.8,000/- towards food and nourishment, Rs.25,000/- towards permanent disability and Rs.8,000/- towards loss of income during laid up period. Hence, the Tribunal has awarded a total compensation of Rs.1,50,000/-. It is pertinent to note that although the notional income of the claimant is required to be reassessed as noticed above, the total compensation awarded by the Tribunal is just and proper, as also keeping in mind the fact that the doctor has not - 9 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 been examined. Hence, compensation awarded by the Tribunal is not required to be interfered with. 13. However, the Tribunal has awarded interest @ 9% p.a. Taking judicial notice of the interest awarded towards fixed deposit, it is just and proper to reassess the rate of interest at 7% p.a. Hence, Question No.(ii) framed for consideration is answered partly in the affirmative. 14. Having regard to the finding of the negligence, whereunder it is held that the negligence attributable to the claimant is 50%, the claimant will be entitled to a total compensation of Rs.75,000/-. 15. In view of the aforementioned discussion, the following: ORDER (i) MFA No.1114/2018 filed by the insurer is partly allowed and MFA No.9028/2017 filed by the claimant is disposed of. (ii) The judgment and award dated 04.09.2017 passed in MVC No.939/2016 by the Senior - 10 - HC-KAR NC: 2025:KHC:25208 MFA No. 9028 of 2017 C/W MFA No. 1114 of 2018 Civil Judge and MACT at Challakere, is modified to the extent of holding that the claimant is entitled to a total compensation of Rs.75,000/- together with interest at 7% p.a. from the date of deposit till realization. In all other aspects, the judgment and award of the Tribunal remains unaltered; (iii) The amount deposited by the appellant in MFA No.1114/2018 together with the records be transmitted to the Tribunal. (iv) The insurer (appellant in MFA No.1114/2018/respondent No.2 before the Tribunal) shall deposit the balance compensation amount together with accrued interest, if any, within six weeks. In the event the insurer has deposited any excess amount, the same shall be refunded to the insurer. (v) The Registry to draw the modified award accordingly. No costs. Sd/- (C.M. POONACHA) JUDGE DR List No.: 1 Sl No.: 12