- 1 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9574 OF 2025 (MV-I) BETWEEN: SMT. SHABEENA, W/O SHAIK ABDUL KARIM, AGED ABOUT 44 YEARS, RESIDING AT NO.51/3, NEAR SAI BABA SCHOOL, ROOPENA AGRAHARA, BENGALURU SOUTH, BENGALURU - 560 068. …APPELLANT (BY SRI. GURUDEVA PRASAD K T., ADVOCATE) AND: 1. M/S TATA AIG GEN. INS. CO. LTD., BY ITS REGIONAL MANAGER, NO.69, 2ND FLOOR, JP AND DEVI JABMUKESHWAR ARCADE, MILLER ROAD, BENGALURU - 560 052. 2. ADYAR ANANDA BHAVAN SWEETS INDIA PVT LTD., BY ITS PROPRIETOR, R/AT NO.313, BHARATHIYAR ROAD, NEW SIDDHAPUDUR GANDHIPURAM COIMBATORE, TAMILNADU - 641 044. …RESPONDENTS (BY SRI. HALASHETTI JAGADISH SIDRAMAPPA., ADV FOR R1; VIDE ORDER DATED 07.01.2026 NOTICE TO R2 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 12.08.2025 PASSED IN MVC NO. 4637/2023 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT-12, BENGALURU (SCCH-12), 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 by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.08.2025 passed in MVC No.4637/2023 on the file of the XI Additional Small Causes Judge and ACJM, Member, MACT-12, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 3. The petitioner/injured claimant met with an accident on 29.06.2023 and filed petition before the Tribunal for compensation of Rs.18,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.49,144/-. The Tribunal has also deducted 10% contributory negligence on the part of petitioner. Accordingly, a sum of Rs.44,230/- is awarded by the Tribunal with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that immediately after the accident, the petitioner/injured was shifted to Oxford Hospital, where she was treated for multiple abrasions, laceration over the upper lip and abrasion over the right knee, and the injuries are simple in nature, the Tribunal granted meagre amounts under the other heads. The petitioner/injured was aged 42 years and she was working as a tailor, earning Rs.20,000/- per month. But the Tribunal wrongly taken her monthly income at Rs.16,000/-. The Tribunal also erred in fixing 10% contributory negligence on the petitioner/injured. At the time of the accident, she was riding - 4 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 her motorcycle carefully. The car proceeding ahead of her suddenly stopped in the middle of the road without giving any signal or indication. Due to the sudden and negligent act of the car driver, the accident occurred. Therefore, the accident had occurred only due to the negligence of the driver of the car and there was no contributory negligence on the part of the petitioner. The petitioner requested for enhancement of the compensation along with interest at the rate of 12% per annum. 5. Though the petitioner/injured claimant contended that she was working as a tailor and earning Rs.20,000/- per month, she has not filed any income proof. As the accident occurred in the year 2023, her notional income is to be taken at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 42 years and the applicable multiplier is ‘14’. The petitioner has not examined the doctor. As per the discharge summary produced at Ex.P.9, the petitioner sustained injuries to the right knee, lip, right shoulder and also suffered multiple abrasions. She has incurred - 5 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 medical expenses of Rs.8,144/-, which has been already granted by the Tribunal. This Court finds it reasonable to grant a sum of Rs.10,000/- towards transportation, extra nourishment and attendant charges and a sum of Rs.5,000/- towards loss of amenities. The amounts awarded under all other heads by the Tribunal are confirmed. 6. Thus in all, compensation awarded by this Court is as below: 7. The Tribunal has awarded a total compensation of Rs.49,144/-, which is enhanced to Rs.59,144/-. On perusal of the material, the manner of accident shows that the rider of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 20,000/- 2. Towards medical expenses 8,144/- 3. Towards loss of amenities 5,000/- 4. Towards transportation, extra nourishment and attendant charges 10,000/- 5. Towards loss of income during laid up period 16,000/- Total 59,144/- - 6 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 motorcycle bearing Registration No.KA-51-EZ-7653 was travelling along with pillion rider on the Hosur Main Road. At that time, the driver of the car bearing Registration No.TN-99- S-9999 suddenly stopped the vehicle in the middle of the road without giving any signal or indication. As such, the petitioner's motorcycle dashed against the car from behind. The charge sheet has been filed against the driver of the car. But the Tribunal without any basis fixed 10% contributory negligence on the part of the petitioner. This Court finds that the entire negligence is on the part of the driver of the car. As such, the contributory negligence at the rate of 10% on the part of the petitioner granted by the Tribunal is set aside. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 12.08.2025 passed in MVC No.4637/2023 on the file of the XI Additional Small Causes Judge and ACJM, Member, MACT-12, Bengaluru, is modified. - 7 - HC-KAR NC: 2026:KHC:9062 MFA No. 9574 of 2025 iii. The claimant is entitled to a sum of Rs.59,144/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.49,144/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is also directed to deposit the balance compensation of Rs.15,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA/List No.: 1 Sl No.: 59