- 1 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2092 OF 2019 (MV-D) BETWEEN: 1. KUMARI YAMUNA D/O LATE BHASKAR NAIK AGED ABOUT 26 YEARS 2. KUMARI JYOTHI D/O LATE BHASKAR NAIK AGED ABOUT 28 YEARS 3. SHEKHAR NAIK S/O LATE BHASKAR NAIK AGED ABOUT 27 YEARS ALL ARE RESIDING AT: HERALI, KUCHODI, MURDESHWARA POST, BHATKAL, U.K. DISTRICT. …APPELLANTS (BY SRI. NAGARAJA H. R., ADVOCATE) AND: 1. SRI L. JAWAHARA NAZARETH S/O REYMOND NAZARETH AGE MAJOR R/O VISHAL PINTOS LANE KARANGALAPADI, KODIYALBAIL POST, MANGALORE, D.K. DISTRICT. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE: KUNDAPURA, NEAR MASTIKATTE, MASTI TOWER, KUNDAPURA REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADV. FOR R2, R1 - SERVED.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.09.2018 PASSED IN MVC NO.651/2017 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the award dated 04.09.2018 passed in MVC No.651/2017 by the Additional District Judge and Addl. Motor Accident Claims Tribunal,, Udupi (Sitting at Kundapura) [for short 'Tribunal']. 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 3. Smt. Jattu Bhaskar Naik was travelling as a pillion rider had met with an accident on 03.01.2017 and succumbed to injuries. Her son and daughters filed claim petition claiming compensation of Rs.25,95,000/- with interest at the rate of 12% p.a. from the date of accident till realization. 4. The Tribunal considered the entire evidence on record and granted compensation of Rs.10,06,000/- with interest at 6% p.a. from the date of petition till the date of payment and further it was held that there is composite negligence on the part of driver of offending vehicle and driver of the Volvo bus. It is also held that respondent Nos.1 and 2 are directed to deposit 50% of the compensation amount and remaining 50% of the compensation amount shall be paid by the rider of the motor cycle. Aggrieved by the said order, the present appeal is preferred in which it is contended that Smt. Jattu Bhaskar Naik was aged 45 years and was working as labour in Sri Ganesh Cashew Industries and earning Rs.12,000/- p.m. Further, it is contended that the Tribunal has erred in fixing the contributory negligence and is contrary to the dictum of the Hon'ble Apex Court as the deceased was - 4 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 travelling as a pillion rider and accident was occurred due to rash and negligent act on the part of the driver of the bus bearing registration No.KA-19-AB-1908. 5. It is further stated that even the accident has occurred due to negligence on the part of joint tortfeasors, the deceased is a third party and as such, her legal heirs are entitled for compensation. The driver of the bus did not give any complaint against the rider of the motor cycle and the Tribunal erred in fixing the negligence of 50% on part of rider of motorcycle. 6. It is further submitted that the compensation awarded by the Tribunal is inadequate and disproportionate. The claimants have produced the salary certificate of their deceased mother to show that she is earning Rs.12,000/- p.m. and no amount is granted under the head 'loss of future prospects'. It is further contended that the Tribunal has erred in considering the compensation awarded under the head 'loss of dependency' and the amount granted under the head 'Transportation and funeral expenses' is meagre and thus, request to enhance the compensation. - 5 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 7. Heard the arguments on both sides and perused the material on record. 8. The manner of accident reveals that the rider of the motorcycle is the son of deceased Jattu Bhaskar Naik and both of them travelling on a motorcycle bearing registration No.KA- 47-S-1764 and deceased Jattu Bhaskar Naik was a pillion rider. When they reached near Bangaramakki, Janatha Colony, Murudeshwara, Bhatkal Taulk, a Volvo bus bearing registration No.KA-19-AB-1908 came from Bhatkal side towards Honnavara side in a high speed and rash and negligent manner and due to over speed, the driver of the bus lost control over it and came to the extreme left side mud portion of NH-66 and dashed against the motor cycle and due to the said impact, the said Jattu Bhaskar Naik and the motor cycle fell on the mud portion of the road and both of them were sustained injuries. Immediately, she was shifted to RNS Hospital, Murdeshwara and then shifted to KMC hospital and thereafter shifted to Govt. Wenlock Hospital, Mangalore and there she was admitted as inpatient and succumbed to injuries during the treatment on 04.01.2017. - 6 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 REGARDING CONTRIBUTORY NEGLIGENCE: 9. Learned counsel for claimants mainly contended that the estimation of contributory negligence on the part of rider of motorcycle is without any basis whereas, the counsel appearing on behalf of insurance company i.e. respondent No.2 deposed in his evidence that the claimants have produced IMV report under Ex.P5 and also he examined RW.1 and further contended that the rider of the motorcycle has no driving licence and the Tribunal has rightly considered all the aspects and granted just and reasonable compensation and no interference is required in this regard. 10. Learned counsel appearing on behalf of insurance company further deposed that the rider of motorcycle has produced temporary driving licence but no such temporary licence was produced before the Tribunal to show that rider of the motorcycle possessed learning licence at the time of accident, as such it cannot be presumed that the rider of the motorcycle is having learning licence at the time of accident. Further PW.1 also admitted in his cross-examination that back side of left side of the bus tyre hit against the motorcycle. As - 7 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 per IMV report, scratch mark is found on the left side portion rear bumper of the bus. Considering all these aspects, the Tribunal held that there was equal negligence on the part of rider of the motorcycle as well as driver of the bus. But the charge sheet is laid only against the driver of the bus. If at all, the accident is occurred only due to rash and negligent act on the part of rider of motorcycle, then the police ought to have filed charge sheet against him. But in this case, no charge sheet is filed against the rider of the motorcycle and RW.1 has not filed any complaint against the rider of the motorcycle and the said rider of the motorcycle did not possess valid driving licence at the time of accident. 11. Considering the manner of accident, report of motor vehicle inspector, this Court finds it reasonable to modify the contributory negligence on the part of rider of motorcycle as 10% and that of driver of the bus as 90%. REGARDING COMPENSATION: 12. The deceased Jattu Bhaskar Naik was aged 46 years and appropriate multiplier to be taken is '13'. She met with an accident on 03.01.2017. It is stated that the deceased - 8 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 was working as labour in Sri Ganesh Cashew Industries and produced Ex.P7 i.e. Salary certificate but the employer of the said industry was not examined. Hence, this Court finds it reasonable to consider the notional income of the deceased as per the chart issued by the Karnataka State Legal Services Authority for the accident of the year 2017 i.e. Rs.11,000/- p.m. and the deceased is also entitled for future prospects as per the dictum of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1 and 25% has to be added towards future prospects. The claimants are three in number and one-third has to be deducted towards personal expenses. Hence, the 'loss of dependency' is quantified as follows: 11,000 +25% - 1/3 that comes to Rs.9,167/- 9,167x12x13 = Rs.14,30,052/- 13. Learned counsel for appellant by placing reliance on the judgment rendered by the Hon'ble Apex Court in the case 1 (2017) 16 SCC 680 - 9 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 of Khenyei vs. New India Assurance Company Limited and Others2 wherein, it is held that:- "when accident occurred due to composite negligence of more than one person, held, they being joint tortfeasors, would be liable jointly as well as severally to pay compensation - Hence, victim/claimant entitled to sue any of the joint tortfeasors or all of them for recovery of entire amount of compensation". But this is not the case of composite negligence and thus, this citation relied upon by the learned counsel appearing for claimants is not applicable to the present facts and circumstances of the case. 14. The claimants who are daughters and son are aged 26, 28 and 27 years respectively and they are entitled for Rs.40,000/- each towards 'parental consortium' (Rs.40,000x3= Rs.1,20,000/-) as per the dictum of Hon'ble Apex Court in the case of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company 2 reported in (2015) 9 Supreme Court Cases 273 3 (2018) 18 SCC 130 - 10 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 Limited vs. Satinder Kaur @ Satwinder Kaur and others4, and also they are entitled for Rs.30,000/- towards conventional heads as per the dictum of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi totaling to an amount of Rs.1,50,000/-. Hence, the total compensation comes to: As aforestated, the claimants are entitled equally for total compensation of Rs.15,80,052/- and 90% of Rs.15,80,052/- comes to Rs.14,22,047/-. Then the claimants are entitled for compensation of Rs.14,22,047/- (Rs.15,80,052/- x 90/100) along with interest at the rate of 6% p.a. from the date of deposit till its realization. 15. In the result, the following order is passed: ORDER i. Appeal is allowed in part. 4 (2020) 9 SCC 644 Sl. No. Heads Amount in Rs. 1 Loss of dependency 14,30,052/- 2. Loss of consortium 1,20,000/- 3. Conventional heads 30,000/- TOTAL 15,80,052/- - 11 - HC-KAR NC: 2025:KHC:36127 MFA No. 2092 of 2019 ii. The judgment and award dated 04.09.2018 passed in MVC No.651/2017 on the file of the Additional District Judge and Addl. Motor Accident Claims Tribunal, Udupi (Sitting at Kundapura), is hereby modified; iii. The claimants are entitled equally to a sum of Rs.14,22,047/- along with interest at 6% p.a., within 1 month from the date of deposit, instead of Rs.10,06,000/- granted by the tribunal. Further, the claimants are not entitled for interest for the delay period of 81 days. iv. Respondent No.2 is directed to deposit 90% of the total compensation with interest at the rate of 6% interest p.a., within one month from the date of this order. v. On such deposit, claimants are permitted to withdraw the entire amount along with interest accrued equally. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 20