- 1 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5499 OF 2025 (MV-D) BETWEEN: 1. SAKAMMA, W/O. RAMESH, AGED ABOUT 47 YEARS, R/AT. NO.288, SRINIVASAPURA VILLAGE, KASABA HOBLI, MANDYA, UMMADAHALLI, MANDYA, KARNATAKA - 517 404. 2. SINCHANA M R, C/O. RAVIKUMAR, AGED ABOUT 22 YEARS, R/AT. KIRUKAVALU HOBLI, MALAVALLI TALUK, MAGANOOR COLONY, MAGANOOR, MANDYA, KARNATAKA - 571 430. …APPELLANTS (BY SRI. N R RANGEGOWDA, ADVOCATE) AND: 1. HANUMAPPA DUNJAPPA, KIRANA THANDA DESAI, AGED MAJOR, BHOGAPUR TALUK, LINGASUR, RAICHUR, KARNATAKA - 584 122. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 2. UNITED INDIA INSURANCE CO LTD., REP BY ITS MANAGER, REGIONAL OFFICE, 5TH FLOOR, KRUSHI BHAVANA, NRUPATUNGA ROAD, HUDSON CIRCLE, BENGALURU - 560 027. …RESPONDENTS (BY SRI.H. C. VRUSHABHENDRAIAH, ADVOCATE FOR R2; V/O/D 10.03.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.08.2024 PASSED IN MVC NO. 5344/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 14.08.2024 passed in MVC No.5344/2023 on the file of the Chief Judge, Court of - 3 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 Small Causes and Member, Prl. MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellants and respondent No.2/Insurance Company. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Brief facts of the case are that, one Srinivasa Prasad, met with an accident on 20.07.2023 and died subsequently. His mother and sister filed a claim petition before the Tribunal claiming compensation of Rs.32,00,000/-. The Tribunal considering the entire evidence on record granted a sum of Rs.13,16,000/- with interest at the rate of 6% per annum from the date of the petition till its realization. The Tribunal has also assessed the contributory negligence of both sides as 50% each. Being aggrieved by the said award, the claimants have preferred the present appeal and mainly contended that the charge sheet has been filed against the driver of the - 4 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 tractor and trailer. But the Tribunal has fixed contributory negligence on the rider of the motorcycle, which is to be set aside. Srinivasa Prasad, was working as a Painter and was earning Rs.25,000/- per month. But the Tribunal has taken his income as Rs.15,500/- per month. The Tribunal has granted meagre amounts under the conventional heads and the interest is to be grant at the rate of 9% per annum. 4. The manner of the accident shows that while Srinivasa Prasad, was travelling as a pillion rider on the motorcycle bearing Reg. No.KA-55-EB-3790, the driver of the tractor bearing Reg. No.KA-36-TD-7766, along with two trailers bearing Reg. Nos.KA-23-TB-3906 and KA-23- TB-3907, came from the opposite direction in a zig-zag manner. As a result, the motorcycle dashed against the second trailer, causing the death of both the rider and the pillion rider of the motorcycle. After investigation, the charge sheet was filed against the driver of the tractor. But the Tribunal erroneously fixed contributory negligence - 5 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 at 50% on the rider of the motorcycle and 50% on the driver of the tractor without any basis. Even otherwise, Srinivasa Prasad was only a pillion rider and was no way concerned with the negligence. Therefore, the contributory negligence fixed by the Tribunal is not based on a proper appreciation of the facts and is to be set aside. 5. Though it is stated that Srinivasa Prasad, was earning Rs.25,000/- per month, the claimants have not filed any income proof. As Srinivasa Prasad met with an accident in the year 2023, his notional income is to be taken as Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased-Srinivasa Prasad, was aged 20 years and the applicable multiplier is ‘18’. He is also entitled to 40% addition towards future prospects and 50% is to be deducted towards his personal expenses. Accordingly, the loss of dependency comes to Rs.24,19,200/- (16,000 + 40% × 12 × 18 - 50%). Petitioner Nos.1 and 2 are entitled to Rs.48,000/- each towards filial consortium. - 6 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 The petitioners are also entitled to a sum of Rs.36,000/- under the conventional heads. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellants-claimants are entitled for a total compensation of Rs.25,51,200/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.08.2024 passed in MVC No.5344/2023 on the file of Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 24,19,200/- 2 Towards consortium to petitioner Nos.1 and 2 48,000/- 48,000/- 3 Towards conventional heads 36,000/- Total 25,51,200/- - 7 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 the Chief Judge, Court of Small Causes and Member, Prl. MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.25,51,200/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.13,16,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.12,35,200/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner No.1/mother of the deceased is permitted to withdraw the entire amount along with interest accrued on the same. - 8 - HC-KAR NC: 2026:KHC:14165 MFA No. 5499 of 2025 vi. On 10.03.2026, the delay of 232 days is condoned by this Court on the condition that the claimants will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGD AMA List No.: 1 Sl No.: 17