- 1 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 10122 OF 2018 (MV-I) BETWEEN: SRI. C. J. DEVASSIA, S/O JOSEPH, AGED ABOUT 60 YEARS, RESIDING AT NO. 82/1B, 1ST CROSS 16TH MAIN ROAD, BEHIND ST.FRANCIS SCHOOL, HONGASANDRA BAGUR MAIN, BANGALORE - 560 068. …APPELLANT (BY SRI. K. P. M. VARGHESE, ADVOCATE) AND: 1. SRI. SANTHOSH KUMAR, S/O UMESH, AGED ABOUT 28 YEARS, R/AT NO. 83/2, 13TH CROSS, 14TH MAIN, ADARSHA LAYOUT, HONGASANDRA, BEGUR ROAD, BANGALORE - 560 068. 2. SRI. UMESH, AGED ABOUT 38 YEARS, S/O DODDAKEMPEGOWDA, R/AT NO. 83/2, 13TH CROSS, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 14TH MAIN, ADARSHA LAYOUT, HONGASANDRA, BEGUR ROAD, BANGALORE - 560 068. 3. UNITED INDIA INSURANCE CO LTD., NO.L, 143/144, CKN CHAMBERS, 1ST FLOOR, 1ST MAIN ROAD, SHESHADRIPURAM BANGALORE - 560 020. REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. M.V. CHANDRA SHEKAR REDDY, ADVOCATE FOR R3; R1 AND R2- NOTICE DISPENSED WITH, V/O. DATED 08.02.2024) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.08.2018 PASSED IN MVC NO.1554/2016 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND XXXIII ACMM, MEMBER- MACT,(SCCH-5), BENGALURU, 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 MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 ORAL JUDGMENT This appeal is filed by the injured/claimant challenging the judgment and award dated 28.08.2018 passed in MVC No.1554/2016 by VIII Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as the 'Tribunal' for short). 2. Heard Sri.K.P.M.Varghese, learned counsel for the appellant and Sri.M.V.Chandrashekar Reddy, learned counsel for respondent No.3. 3. Learned counsel for the appellant submits that the injured/appellant met with a road accident on 27.05.2015 due to the negligence of the rider of the motorcycle bearing registration No.KA-51-EM-9829 and suffered disability. It is submitted that the Tribunal has erred in saddling 10% contributory negligence on the injured. It is further submitted that the Tribunal has assessed the income of the injured at Rs.6,000/- per - 4 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 month which is required to be re-assessed appropriately. It is also submitted that the award of compensation by the Tribunal on all other heads is contrary to the oral and documentary evidence on record which is required to be re-assessed appropriately by enhancing the compensation. Hence, he seeks to allow the appeal. 4. Per contra, Sri.M.V.Chandrashekar Reddy, learned counsel appearing for respondent No.3 supports the impugned judgment and award of the Tribunal and submits that the appellant has not produced any documentary evidence to substantiate the income. Hence, the Tribunal has fully justified in assessing the income of the injured at Rs.6,000/- per month. It is submitted that the Tribunal considering the evidence has awarded just and fair compensation of Rs.3,12,500/- with interest at the rate of 9% by saddling 10% contribute negligence on the injured which does not call for any interference. Hence, he seeks to dismiss the appeal. - 5 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 5. I have heard the arguments of learned counsel for the appellant, learned counsel for the respondent and meticulously perused the material available on record. 6. The only point that arise for consideration is "whether the impugned judgment and award of the tribunal calls for any interference?". 7. The aforementioned point is answered in the "affirmative" for the following reason: The material on record indicate that on 27.05.2015, when the appellant/injured was standing on the side of the road, the rider of the motorcycle bearing registration No. KA-51-EM-9829 came from the west side in high speed, driving in a rash and negligent manner, dashed to the appellant and caused the accident. It is not in dispute that after the investigation, police filed charge sheet against the rider of the motorcycle. The Tribunal considering the oral and documentary evidence has recorded a clear finding that the accident has occurred in the middle of the - 6 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 road as per Ex.P3, as the injured was crossing the road without taking due care and contributed to the accident to the extent of 10%. I do not find any error in the finding recorded by the Tribunal with regard to the aspect of negligence. Hence, contrary contentions urged by the appellant are accordingly rejected. 8. Insofar as the quantum of compensation is concerned, the appellant has contended that the appellant was earning Rs.20,000/- per month from his avocation as he was running a small hotel. However, except oral testimony of Pw.1, no evidence is placed before the Tribunal with regard to the income. Hence, in the absence of any proof of income this Court notionally assessed the income of the injured at Rs.9,000/- per month placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. The Tribunal has rightly assessed the disability at 6% which also does not call for any modification. The contention of the appellant that the Tribunal has not awarded just compensation on all - 7 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 other heads is required to be accepted. Records indicate that the appellant was inpatient in St.Johns Hospital, Bengaluru for a period of 21 days and underwent surgery. Considering the oral testimony of Pw.1, Pw.2 and Ex.P10 to Ex.P16, I am of the considered view that the compensation is required to be re-assessed on other heads, which is as under: Sl. No Description Amount 1 Medical bills Rs.2,63,000 2 Food, nourishment, conveyance and attendant charges Rs.20,000 3 Loss of earnings during laid up period (Rs.9000 x 3) Rs.27,000 4 Loss of future earnings due to permanent disability (Rs.9,000 x 12 x 9 x 6%) Rs.58,320 5 Pain and suffering Rs.40,000 6 Loss of amenities Rs.40,000 Total Rs.4,48,320 - 8 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 Less: 10% towards contributory negligence Rs.44832 Grand Total Rs.4,03,488 9. In the result, the Court proceeds to pass the following: ORDER (i) Appeal is allowed in part. (ii) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to total compensation of Rs.4,03,488/- as against Rs.3,12,500/- awarded by the Tribunal. (iii) The compensation amount shall carry interest at the rate of 6% p.a. from the date of claim petition till realization. (iv) Respondent No.3-insurance company is directed to deposit the enhanced compensation amount with accrued interest before the Tribunal within a period - 9 - HC-KAR NC: 2026:KHC:12529 MFA No. 10122 of 2018 of 6(six) weeks from the date of receipt of certified copy of this judgment. (v) It is specifically held that the judgment and award insofar as order to pay and recovery is concerned the same remains unaltered. (vi) Insofar as liability, contributory negligence and deposit as ordered by the Tribunal is concerned the same is also unaltered. (vii) Liberty is reserved to the respondent- insurance company to pay the amount and recover the same from the owner in the execution proceedings. (viii) Registry to transmit the records forthwith to the Tribunal. (ix) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE NS CT:TSM List No.: 1 Sl No.: 27