- 1 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.8335 OF 2024(MV-D) BETWEEN: 1. GANGADHAR S/O NINGEGOWDA AGED ABOUT 51 YEARS 2. SHIVAMMA W/O GANGADHAR AGED ABOUT 48 YEARS BOTH ARE R/O BAGURANAHALLI VILLAGE, ARASIKERE TALUK HASSAN DISTRICT 573201 PRESENTLY R/AT SHARADNAGARA, TIPTUR TOWN TUMAKURU DISTRICT 577101. …APPELLANTS (BY SRI. M.B. RYAKHA., ADVOCATE) AND: 1. M/S KARTHIK ROAD LINES Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 KULDEEP CHOWK, DELHI GATE, WARD NO 5, HARYANA JAJUR 124507. 2. THE MANAGER M/S THE NEW INDIA ASSURANCE CO LTD 1ST FLOOR, OPP TO RAMAMANDIR G K ROAD, K R EXTENSION TUMKURU CITY-577101 …RESPONDENTS (BY SRI. G S MARULAIAH., ADVOCATE FOR R2 NOTICE TO R1 IS D/W V/O DTD. 16/09/2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.10.2024 PASSED IN MVC NO.26/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C.(MACT), TIPTUR, 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 - 3 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.26/2023 dated 23.10.2024 by the Senior Civil Judge and JMFC(MACT) at Tiptur, whereby the Tribunal had awarded the compensation of an amount of Rs.11,39,000/- and fixed 50% of contributory negligence on the deceased. The claimants are before this Court questioning the contributory negligence and also seeking enhancement of the compensation. 2. The claim petition is filed by the claimants seeking compensation of an amount of Rs.50,00,000/- for the death of the deceased in the road traffic accident. It is the case of the claimants that on 09.01.2021 at about 1.30 am., when the deceased was proceeding by container lorry to Bengaluru to unload the steel and when reached near Kyadige Village, Chitradurga and at that time the driver of a container lorry by driving it in a rash and negligent manner with high speed and all of a sudden negligently stopped his container lorry to avoid speed breakers without giving any signal or caution and deceased was behind he could not control his vehicle and dashed the said container lorry and caused accident and due to which he died on the way to hospital in the said accident. - 4 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads of Compensation Amount granted 1. Loss of dependency Rs. 22,68,000/- 2. Funeral expenses and Transportation Rs. 10,000/- Total Rs. 22,78,000/- 50% towards contributory negligence is deducted Rs. 11,39,000/- Total Rs. 11,39,000/- 3. The contributory negligence is fixed on the accused at 50% and the driver of the offending vehicle at 50%. 4. Learned counsel appearing for the appellants/ claimants submits that the Tribunal had failed to grant a just and reasonable compensation. When it comes to the contributory negligence, it is submitted that when the deceased was driving the lorry, the driver of the container lorry all of a sudden stopped the offending vehicle without giving any signal or caution and the deceased was behind, he could not control his vehicle and dashed the said container lorry and caused the accident. It is submitted that absolutely there is no negligence - 5 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 on the part of the deceased, it is because of the driver of the container lorry who was proceeding in front of the deceased has abruptly stopped the vehicle. It had led to the accident and they have not adduced any evidence that the deceased was negligent. It is further submitted that fixing 50% contributory negligence on the deceased is not correct and the same needs to be reduced. 5. Learned counsel appearing for respondent No.2/ Insurance Company submits that the Tribunal, in detail had discussed how the accident had happened and no other evidence is adduced by the claimants in support of their case. Hence, there are no grounds to interfere. 6. Having heard the learned counsels on either side, perused the material on record. This Court had perused the order that is passed by the Tribunal. When the Tribunal, in detail had recorded how the accident had taken place. It is the contention of the learned counsel for the claimants that because the deceased had abruptly stopped the vehicle accident had occurred and there is no negligence on his part and the deceased was maintaining a correct distance, no - 6 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 evidence is adduced before the Tribunal. When the claimants have come before the Tribunal by filing an application under Section 166 of the Motor Vehicles Act, the burden lies on the claimants to prove that there is negligence on the part of the driver of the offending vehicle, which the claimants have failed to discharge. Hence, this Court is not inclined to interfere with the said finding of the Tribunal, where the contributory negligence is apportioned at 50% on the deceased. 7. Then coming to the compensation, the Tribunal had taken the income at Rs.15,000/- per month. Even as per the notification that is issued in respect of the drivers, it is Rs.15,000/- per month. Hence, as far as the dependency is concerned, this Court is not interfering. As far as loss of consortium is concerned, this Court is granting an amount of Rs.88,000/-. Towards funeral expenses this Court is granting an amount of Rs.36,000/-. 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 - 7 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 Another1, the claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimants are 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 dependency Rs. 22,68,000/- 22,68,000/- 2. Funeral expenses and Transportation Rs. 10,000/- 36,000/- 3. Loss of consortium Rs. 00/- 88,000/- 4. Legal expenses Rs. 00/- 10,000/- Total Rs. 22,78,000/- 24,02,000/- 50% towards contributory negligence is deducted Rs. 11,39,000/- 12,01,000/- Total Rs. 11,39,000/- 12,01,000/- 10. Altogether, the claimants are entitled for the compensation of an amount of Rs.24,02,000/-. As the contributory negligence is fixed at 50% on the deceased, it comes to an amount of Rs.12,01,000/-, if the same is deducted, the claimants are entitled for an amount of Rs.12,01,000/-. 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:43926 MFA No. 8335 of 2024 11. Accordingly, the appeal of the claimants is partly allowed by enhancing the compensation from an amount of Rs.11,39,000/- to Rs.12,01,000/- and the Insurance Company is liable to pay the compensation of an amount of Rs.12,01,000/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) Respondent No.2/Insurance Company shall deposit the compensation amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the amount as per the award. 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.: 2 Sl No.: 18