- 1 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5259 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2623 OF 2024 (MV-D) IN MFA No. 5259/2024: BETWEEN: 1. SMT.RAMAMANI W/O LATE MUTHURAJ NOW AGED ABOUT 46 YEARS 2. SRI ADARSH K M S/O LATE MUTHURAJ NOW AGED ABOUT 30 YEARS 3. SRI. AMBAREESH K M S/O LATE MUTHURAJ NOW AGED ABOUT 28 YEARS ALL ARE RESIDING AT KADISHANAHALLI VILLAGE ULLAPPANAHALLI POST CHINTAMANI TALUK CHIKKABALLALPURA DISTRICT …APPELLANTS (BY SRI. GOPAL KRISHNA N., ADVOCATE) AND: 1. SRI JAYA SINGH S/O KURADARAM MAJOR IN AGE RESIDING AT NO. 43-17 RAJAJI STREET Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 MAHADAVARAM, CHENNAI TAMIL NADU-600 060. 2. THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE, NO. 44/45 4TH FLOOR, LEO SHOPPING COMPLLEX RESIDENCY ROAD CROSS, BENGALURU-560 025 REP. BY ITS MANAGER …RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH., ADVOCATE FOR R2, V.O DATED 23.08.2024 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2024 PASSED IN MVC NO.122/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2623/2024: BETWEEN: THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.44/45, 4TH FLOOR, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS BANGALORE – 560 025 REPRESENTED BY ITS REGIONAL MANAGER ...APPELLANT (BY SRI. H C VRUSHABHENDRAIAH., ADVOCATE) AND: 1. SMT RAMAMANI W/O LATE MUTHURAJ, AGED ABOUT 46 YEARS, - 3 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 2. SRI ADARSH K M S/O LATE MUTHURAJ, AGED ABOUT 30 YEARS 3. SRI AMBAREESH K M S/O LATE MUTHURAJ AGED ABOUT 28 YEARS ALL ARE RESIDING AT KADISHANAHALLI VILLAGE, ULLAPPANAHALLI POST, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT. 4. SRI JAYA SINGH S/O KURADARAM MAJOR BY AGE, R/AT NO. 43-17 RAJAJI STREET,MAHADAVARAM, CHENNAI, TAMIL NADU - 600 060. ...RESPONDENTS (BY SRI. GOPAL KRISHNA N., ADVOCATE FOR R1 TO R3, V/O DATED 21.10.2024 NOTICE TO R4 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.25.01.2024 PASSED IN MVC NO.122/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, AWARDING COMPENSATION OF RS.18,24,660/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN TIME. THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 ORAL JUDGMENT MFA No.5259/2024 is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 25.01.2024 passed in MVC No.122/2022 on the file of the VII Additional Small Cause Judge and ACMM, MEMBER, MACT-3, Bengaluru, to enhance the compensation 2. MFA No.2623/2024 is filed by the appellant/Insurance Company, under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 25.01.2024 passed in MVC No.122/2022 on the file of the VII Additional Small Cause Judge and ACMM, MEMBER, MACT-3, Bengaluru. 3. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 5 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 4. Muthuraj met with an accident on 16.12.2021 and filed claim petition and died subsequently. His wife and children came on record claiming compensation of Rs.30,00,000/-. Tribunal considered the entire evidence on record and granted an amount of Rs.18,24,660/- along with interest at the rate of 6% p.a., from date of petition till realization. 5. Aggrieved by the said order, claimant preferred an appeal and mainly contended that Muthuraj was doing agriculture and also cocoon grower and earning Rs.20,000/- per month. However, the tribunal has taken his income as Rs.12,882/- which is on lower side and thus requested for enhancement of the compensation. Insurance Company also preferred an appeal in MFA No.2623/2024, against the same award and it is mainly contended that no evidence is there to prove negligence on the part of the driver of the lorry. Respondent No.1 examined as PW1 and no other witnesses are examined. It is submitted that Muthuraj was attempting to cross - 6 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 highway, not being mindful of the flow of traffic and accident occurred only due to his negligence. As per the sketch, the driver of the lorry was on his correct path and there was no violation of any traffic rules by the driver of the lorry. The Tribunal has not given any reasons to hold negligence on the part of the driver of the lorry. Further, Rs.1,20,000/- is granted towards loss of consoritum as per the National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC 680. Thus, requested for modification of the order. 6. The manner of the accident shows, that Muthuraj was walking by the left side of Sidlaghatta – Chintamani Road i.e., on footpath towards Canara Bank, Y.Hunasenahalli Station, Sidlaghatta Taluk, Chikkaballapura District, at that time one container lorry bearing Reg.No.NL-01-AC-7332 came from Sidlaghatta side at high speed, in rash and negligent manner, came to the footpath and dashed violently against said Muthuraj. As a result, he fell down and sustained injuries. The - 7 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 charge sheet is filed against the driver of the lorry. Insurance Company, in their counter, stated that the lorry driver has no valid driving licence and there is no valid FC and permit and respondent No.1 has not informed about the accident and further stated that the accident occurred only due to negligence of Muthuraj. They have not taken the plea of contributory negligence at the earliest point of time, in their counter before the tribunal. It is for the Insurance Company to plead and prove contributory negligence. Learned counsel for the Insurance Company relied upon a citation reported in ILR 2003 KAR 1104 in case of Koosappa Poojari Vs K.Sadabba and Others wherein it was held as follows: Claimant had crossed the road where he was not supposed to Cross Certain degree of contributory negligence will have to be attributed to him pedestrian if a pedestrian is crossing over a roadway at any place other than which is meant for pedestrian crossing, he can not claim any specific precedence and the responsibility for causing the accident Pedestrian has to share the negligence along with the driver driver, - 8 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 Even petitioners have examined only PW1 and no eye witness is examined, also the driver of the lorry was not examined by the Insurance Company. The Tribunal held that evidence of PW1 and the sketch and IMV report supports the version of the petitioners and according to them, accident occurred only due to the rash and negligence of the driver of the lorry. This Court finds no reason to interfere with the said finding. 7. The Tribunal has taken the minimum wages of the petitioner as Rs.12,088/- per month, considering the fact that he is an unskilled worker. Though the petitioner stated that he is an agriculturalist and also cocoon grower and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, this court finds it reasonable to take the notional income of the deceased as Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. Deceased was aged 49 years and the relevant - 9 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 multiplier is 13. The petitioner is entitled for 25% towards future prospects and 1/3rd is to be deducted towards his personal expenses. Loss of dependency comes to Rs.15,000 + 25% x 12 x 13 – 1/3 = Rs.19,50,000/-. Petitioner No.1 is entitled for Rs.44,000/- towards spousal consortium and petitioner Nos.2 and 3 are entitled for Rs.44,000/- each towards parental consortium and they are also entitled for Rs.33,000/- under the conventional heads. 8. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 19,50,000 2 Towards loss of consortium 1,32,000 3 Conventional heads 33,000 Total 21,15,000 - 10 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.18,24,660/- to Rs.21,15,000/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. MFA No.5259/2024 is allowed in part. ii. MFA No.2623/2024 is hereby dismissed. iii. The judgment and award dated 25.01.2024 passed in MVC No.122/2022 on the file of the VII Additional Small Cause Judge and ACMM, MEMBER, MACT-3, Bengaluru, is modified. iv. The claimants are entitled to a sum of Rs.21,15,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.18,24,660/- granted by the tribunal. v. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, - 11 - HC-KAR NC: 2026:KHC:20556 MFA No. 5259 of 2024 C/W MFA No. 2623 of 2024 respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.2,90,340/- along with the interest at the rate of 6% within one month from the date of this order. vi. On such deposit, claimant/wife of the deceased is permitted to withdraw the said amount along with interest accrued on the same. vii. The statutory amount in deposit is to be transferred to the MACT. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 70