- 1 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.3676 OF 2021(MV-D) BETWEEN: 1. SMT. THULSI @ KOLANJIYAMMA W/O KANNAN AGED ABOUT 60 YEARS R/AT NO.9, SANJAGANDHINAGAR NANDINI LAYOUT POST BENGALURU-96 PERMANENT R/AT NORTH STREET VILUPURAM MUDIYANUR TAMILNADU STATE …APPELLANT (BY MS. NITHYA V., ADVOCATE FOR SRI. PRAKASH M.H., ADVOCATE) AND: 1. SHRI RAM GEN. INS. CO. LTD., S-5, 3RD FLOOR, MONARCH CHAMBERS INFANTRY ROD, BENGALURU-560 001 REPBY ITS MANAGER. 2. SRI GOUSE PASHA S/O MUMTAZ PASHA AGED: MAJOR R/AT NO.2319, 2ND DIVISION WARD NO.14, MUSLIM BLOCK PETE MALAVALLI TOWN MANDYA DISTRICT-571430. …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 (BY SRI. B. PRADEEP, ADVOCATE FOR R1; VIDE ORDER DATED 15.07.2022, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26.11.2020 PASSED IN MVC NO.1747/2018 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACMM, BENGALURU (SCCH-2), 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 MVC.No.1747/2018 dated 26.11.2020 by the Motor Vehicles Accident Claims Tribunal, Bengaluru whereby the Tribunal had granted compensation of an amount Rs.14,30,000/- and also fastened the contributory negligence at 20% on the claimant, the claimant is before this Court. 2. The claim petition was filed under Section 166 of the Motor Vehicles Act, seeking compensation of an amount of Rs.30,00,000/- for the death of the deceased. The facts of the case are that on 11.03.2018 at about 11.45 a.m., when deceased Mani @ Manikandan @ Manikanta was riding a motorcycle near Udipalya, Uttarhalli Hobli, on Kanakapura- - 3 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 Bangalore NH-209 main road at Bangalore, very slowly and cautiously by observing all traffic rules and regulations, at that time, driver of the lorry came from Bangalore towards Kanakapura and in order to overtake the said vehicle driven the same on extreme right side in a rash and negligent manner without observing any traffic rules and regulation and dashed against the motor cycle of the deceased and caused the accident. As a result of which, the deceased sustained severe injuries all over the body and succumbed to the injuries, while shifting to NIMHANS, Bangalore. 3. It is the case that the accident had taken place on 11.03.2008. According to the respondent, the deceased was riding the vehicle along with two other pillion riders and as he was going on the road in a zigzag manner the accident had taken place and there is contributory negligence. 4. The Tribunal considering the income at Rs.9,000/- had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. For loss of parental and filial consortium of Rs. 40,000/- - 4 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 petitioner 2. For funeral, obsequies ceremony and conveyance. Rs. 15,000/- 3. For loss of estate Rs. 15,000/- 4. For loss of Dependancy Rs. 13,60,000/- TOTAL Rs. 14,30,000/- 5. When it comes to the contributory negligence, the Tribunal has held that the evidence of PW2, who is an eyewitness, shows that because of the negligence of the driver of the opposite vehicle, the accident has happened. The Tribunal also gave a finding that there is no evidence to show that the accident has happened because of the triple riding and the Insurance Company has not adduced any evidence to show that the accident has happened because of the triple riding and negligence of the deceased. But when it comes to the order, it is mentioned that for the reason stated supra there is a contributory negligence of 20% and accordingly granted compensation of an amount of Rs.14,30,000/-. 6. Learned counsel appearing for the claimant submits that the accident occurred in the year 2018. As per the chart - 5 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 prepared by the Legal Services Authority, the Tribunal ought to have taken the income at Rs.12,500/-. It is submitted that fixing of contributory negligence at 20% on the deceased is without any basis and contrary to the findings of the Tribunal. It is submitted that on all counts the compensation needs to be enhanced. 7. Learned counsel appearing for the respondent/Insurance Company submits that as there is triple riding, which contributed to the accident, the Tribunal has rightly fixed the contributory negligence at 20% and there are no grounds to interfere. 8. Having heard learned counsels on either side, perused the materials on record. First, coming to the compensation, the accident had occurred in the year 2018, this Court is taking income at Rs.12,500/-. His age is 22 years. Future prospects at 40% comes to an amount of Rs.5,000/-. Then his income is Rs.17,500/-. As he is a bachelor, 50% has to be deducted towards personal expenses and his contribution to the family would be an amount of Rs.8,750/- per month. Hence, towards loss of dependency, this Court is granting an amount of - 6 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 Rs.18,90,000/- (Rs.8750x12x18). Under the head of loss of consortium an amount of Rs.88,000/- is granted and towards funeral expenses an amount of Rs.36,000/- is granted. 9. 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. 10. The claimant is therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. For loss of parental and filial consortium of petitioner Rs. 40,000/- 88,000/- 2. For funeral, obsequies ceremony and conveyance Rs. 15,000/- 36,000/- 3. For loss of estate Rs. 15,000/- 00/- 4. For loss of dependancy Rs. 13,60,000/- 18,90,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 5. Legal Expenses Rs. 00/- 10,000/- TOTAL Rs. 14,30,000/- 20,24,000/- Enhancement Rs. 5,94,000/- 11. Altogether, the claimant is entitled for an amount of Rs.20,24,000/-. 12. Then coming to the contributory negligence, this Court has perused the order. The order passed by the Tribunal is contrary to the findings. The court has observed that there is no contributory negligence and the Insurance Company has failed to prove the same, but still has held that there is 20% contributory negligence on the deceased. Considering the fact that, the evidence of PW.2 is inspiring confidence in the mind of the Court and no contra evidence is produced on behalf of the Insurance Company contributory negligence cannot be fixed on the deceased. 13. Accordingly, the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.14,30,000/- to Rs.20,24,000/-. The Insurance Company is liable to pay the compensation an amount of Rs.20,24,000/-. - 8 - HC-KAR NC: 2025:KHC:32454 MFA No. 3676 of 2021 i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per order passed by the Tribunal. iii) The respondent/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 RJ List No.: 1 Sl No.: 24