- 1 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4033 OF 2024(MV-D) BETWEEN: 1. MR. SHEENAPPA GOWDA S/O LATE BABU GOWDA AGED ABOUT 77 YEARS 2. SMT. LALITHA W/O SHEENAPPA GOWDA AGED ABOUT 73 YEARS 3. MR. PRAVEEN GOWDA @ PRAVEEN S/O SHEENAPPA GOWDA AGED ABOUT 38 YEARS ALL ARE R/AT D.NO. 2-29/1 HANUMAN NAGARA CHARMADY VILLAGE AND POST BELTHANGDY TQ PRESENTLY R/AT DHOOMAPPA MESTRI COMPOUND KANNAGUDDE, PADIL, MANAGALURU. …APPELLANTS (BY SRI. GURUPRASAD B.R., ADVOCATE) AND: 1. SHRIRAM GENERAL INSURANCE COMPANY LTD E-8, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR, RAJASTHAN-302 022. LOCAL OFFICE D.NO.14-2-101/6 3RD FLOOR, PLAZA CHAMBERS BALMATTA ROAD, HAMPANAKATTA MANGALURU-575 001 REP. BY ITS MANAGER. 2. MR. MANJUNATH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 S/O NONAIAH NAIK AGED ABOUT 49 YEARS R/AT KOTTIGEHARA AZAD NAGARA TARVE MUDIGERE TQ CHIKMAGALURU DIST. …RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R1; VIDE ORDER DATED 24.04.2025 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2024 PASSED IN MVC NO.1398/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU, DAKSHINA KANNADA, MANGALURU, 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: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.1398/2018 dated 01.03.2024 by the Court of II Additional Senior Civil Judge & Member, MACT, Mangaluru, D.K., the appellants/claimants are before this Court seeking enhancement of the compensation and also questioning the contributory negligence fixed on the deceased. - 3 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 2. The claim petition was filed seeking compensation of an amount of Rs.60,00,000/- for the death of the deceased in the accident that took place on 15.05.2018. 3. It is the case of the claimants that on 15.05.2018 the deceased Prakash Gowda @ Prakash was proceeding by driving the Lorry bearing registration No.KA-20/A-9019 from Mangaluru towards Bengaluru. When he had reached Beluru- Mudigere Road, N-Nidagodu Village, Beluru Taluk, Hassan at about 2.00 p.m., the driver of the tempo traveller bearing registration No.KA-01/D-196 driven the same at high speed, rash and negligent manner came from opposite side and dashed to the lorry. Due to this impact, the deceased had sustained multiple injuries. Immediately the deceased was shifted to Belur Hospital where after taking first aid treatment shifted to Government Hospital at Hassan. The deceased succumbed to the injuries during the course of his treatment. 4. The Tribunal had fixed contributory negligence on the drivers of both the vehicles and chargesheet is also filed on both of them. Finding of the Court in this regard is that relying on the cross-examination and spot mahazar annexed at Ex.P3, - 4 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 the evidence of PW.2 cannot be considered to fix the liability only on respondent No.2. The police have filed chargesheet against the deceased as well as the driver of the tempo traveler bearing registration No.KA-01/D-196 and the insurance company has proved that the alleged accident occurred by contributory negligence of the driver of tempo traveler and driver of the lorry, who succumbed to death in the road traffic accident. Hence, the Tribunal has come to the conclusion that the insurance company is liable to pay 50% of the compensation amount on the ground of contributory negligence of the deceased. When it comes to the compensation, the Tribunal had taken income of the deceased at Rs.12,500/- per month and granted the compensation as per the table given below: Heads Compensation awarded 1. Loss of dependency : Rs. 15,75,000/- 2. Funeral expenses : Rs. 18,150/- 3. Loss of Estate : Rs. 18,150/- 4. Loss of Filial Consortium to petitioner Nos.1 & 2 : Rs. 96,800/- 5. Loss of Filial Consortium to Petitioner No.3 : Rs. 48,400/- TOTAL : Rs. 17,56,500/- - 5 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 Out of the said amount of Rs.17,56,500/-, 50% i.e. Rs.8,78,250/- (Rs.17,56,500/- - 50%) was granted to the claimants. 5. Learned counsel appearing for the appellants/claimants submits that there is no contributory negligence on the part of deceased and the deceased is the driver of a heavy vehicle and taking the income at Rs.12,500/- is on the lower side and it is submitted that the compensation awarded by the Tribunal is not by a reasoned order. 6. Learned counsel appearing for respondent No.1- Insurance Company submits that the Tribunal has rightly considered the evidence on record and granted the compensation. There are no grounds to interfere with the well considered award passed by the Tribunal. 7. Having heard the learned counsels on either side, perused the entire material on record. First of all, coming to the contributory negligence, this Court has perused the evidence available on record. The Tribunal had rightly considered all the evidence and particularly the fact that the chargesheet is filed - 6 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 on both the drivers of the vehicles and when there is contributory negligence and the same is fixed on the deceased as well as the driver of the other vehicle, considering all these, this Court is not inclined to go into the said aspect and there is no interference is called for. 8. When coming to the income, the accident had occurred in the year 2018, the deceased being a driver of heavy vehicle, though there is no evidence on record with regard to the income, considering the table prepared by the Legal Services Authority, the Tribunal ought to have taken income at Rs.15,000/-. Hence this Court is taking the notional income of the deceased at an amount of Rs.15,000/- per month. Deceased was aged 39 years at the time of accident. Considering the age, the future prospects at 40% would come to Rs.6,000/- i.e., Rs.21,000/-. As he was a bachelor, 50% has to be deducted towards his personal expenses, it comes to Rs.10,500/-, then towards loss of dependency it would come to an amount of Rs.18,90,000/- (10,500X12X15). For three dependents i.e. the father, mother and the brother, under the head of loss of consortium, this Court is granting an amount - 7 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 of Rs.1,32,000/- (Rs.44,000/-X3). Towards funeral expenses, this Court is granting an amount of Rs.36,000/-. 9. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by the Tribunal Compensation awarded by this Court 1. Loss of dependency : Rs. 15,75,000/- 18,90,000/- 2. Funeral expenses : Rs. 18,150/- 36,000/- 3. Loss of Estate : Rs. 18,150/- - 4. Loss of Filial Consortium to petitioner No.1,2 & 3 (96,800+48,400) : Rs. 1,45,200/- 1,32,000/- TOTAL : Rs. 17,56,500/- 20,58,000/- 10. Accordingly, the appeal filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.8,78,250/- to Rs.10,29,000/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. - 8 - HC-KAR NC: 2025:KHC:25071 MFA No. 4033 of 2024 ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) 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 without furnishing any security. iv) 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. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PGG List No.: 3 Sl No.: 13