- 1 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MFA NO. 51 OF 2024 (MV-I) BETWEEN: SRI. SIDDARAJU. S AGED ABOUT 49 YEARS, S/O. LATE SIDDAPPA, R/O. VATADAHOSAHALLI VILLAGE, NAGARAGERE HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 208. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. HDFC ERGO INSURANCE CO. LTD., NO. 2571, 2ND FLOOR, SHANKARA NARAYAN BUILDING, M.G. ROAD, BENGALURU - 560 001. REP. BY ITS MANAGER. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 2. SRI. AHMED PASHA MAJOR, R/AT NO. 427, 1ST CROSS, 4Th MAIN ROAD, GANGONDANAHALLI, R.R. NAGAR, BENGALURU - 560 039. …RESPONDENTS (BY SRI. LINGARAJ H S, ADVOCATE FOR R1; V/O DATED 17/12/24 NOTICE TO R2 IS HELD- SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 04.10.2023 PASSED IN MVC NO.850/2021 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-5), BENGALURU. 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:45081 MFA No. 51 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.850/2021 dated 04.10.2023 by the VIII Addl. SCJ and ACMM, Member- MACT, Bengaluru, whereby the Tribunal had awarded the compensation of an amount of Rs.8,14,640/-, the claimant is before this Court seeking enhancement of the compensation as well as questioning the contributory negligence that is fixed on the claimant at 30%. 2. Basing on the evidence, the Tribunal had granted compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of future income Rs. 2,00,959/- 2. Pain and suffering Rs. 15,000/- 3. Conveyance, nourishment and attendant charges Rs. 15,000/- 4. Medical expenses Rs. 9,04,931/- 5. Loss of amenities in life Rs. 15,000/- 6. Loss of income during laid up period Rs. 12,882/- Total Rs. 11,63,772/- 3. The Tribunal had held that there is contributory negligence on both the drivers, so that, considering the same, - 4 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 negligence on the part of the car driver is fixed at the rate of 30% and negligence on the part of the lorry driver is fixed at the rate of 70%. Accordingly, the Tribunal had awarded the compensation of an amount of Rs.8,14,640/-. 4. Learned counsel appearing for the appellant/ claimant submits that the Tribunal had taken income at Rs.12,882/- per month and the accident had happened in the year 2020, the Tribunal would have taken the income at Rs.14,500/- per month. It is submitted that the contributory negligence that is fixed at 30% on the part of the claimant is without any basis. It is further submitted that the charge sheet is filed against the driver of the lorry. Hence, there cannot be any contributory negligence on the part of the claimant. It is further submitted that on all the heads, the compensation that is awarded by the Tribunal is not just and reasonable. 5. Learned counsel appearing for respondent No.1/ Insurance Company submits that the car was behind the lorry. The Tribunal had observed that in the evidence he had stated that when the lorry is taking left turn this accident had happened and in the evidence he had stated that he was taking - 5 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 right turn. These are the contradictory statements and the Tribunal had rightly fixed the contributory negligence at 30% on the claimant and there are no grounds to interfere. 6. Having heard the learned counsels on either side, perused the material on record. First coming to the aspect of the compensation, it is the case of the claimant that the Tribunal had fixed the contributory negligence at 30% on him. This Court had perused the order passed by the Tribunal and also the submission of the claimant that as he had pleaded guilty before the Criminal Court and the charge sheet is filed against him, there is no contributory negligence. Basing on the evidence on record, the Tribunal had rightly fixed the contributory negligence on the part of the claimant and this Court finds no reason to interfere. 7. Coming to the compensation, considering the two injuries that are sustained by the claimant, this Court is granting an amount of Rs.50,000/- towards pain and suffering. Towards medical expenses the Tribunal had rightly granted the compensation amount and this Court is not interfering with the same. Towards incidental expenses, this - 6 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 Court is granting an amount of Rs.16,000/-. Coming to the loss of income during the laid up period, this Court is taking it for 3 months and granting an amount of (14,500X3)= Rs.43,500/- towards loss of income during the laid up period. Towards loss of future earning, this Court is granting an amount of (14,500X12X13X10/100) is Rs.2,26,200/-. Considering the disability at 10%, this Court is granting an amount of Rs.30,000/- towards loss of amenities. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Heads of Compensation Amount granted by the Tribunal Amount granted by this Court 1. Loss of future income Rs. 2,00,959/- 2,26,200/- 2. Pain and suffering Rs. 15,000/- 50,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 3. Conveyance, nourishment and attendant charges Rs. 15,000/- 16,000/- 4. Medical expenses Rs. 9,04,931/- 9,04,931/- 5. Loss of amenities in life Rs. 15,000/- 30,000/- 6. Loss of income during laid up period Rs. 12,882/- 43,500/- 7. Legal expenses Rs. 00/- 10,000/- Total Rs. 11,63,772/- 12,80,631/- 10. Altogether, the claimant is entitled for the compensation of an amount of Rs.12,80,631/-. As far as the contributory negligence is concerned, the same is confirmed. This Court had granted the compensation of an amount of Rs.12,80,631/- and 30% of it would comes to an amount of Rs.3,84,189/-, if the same is deducted it would come to an amount of Rs.8,96,442/-. Hence, the Insurance Company is liable to pay the compensation of an amount of Rs.8,96,442/- 11. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation of an amount of Rs.8,14,640/- to Rs.8,96,442/-. - 8 - HC-KAR NC: 2025:KHC:45081 MFA No. 51 of 2024 i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) Respondent No.1/Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. iii) 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. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 20