- 1 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 2153 OF 2018 (MV-D) BETWEEN: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE CRESCENT COURT K M ROAD, CHIKKAMAGALURU CITY - 577 101 …APPELLANT (BY SRI. A. RAVISHANKAR, ADVOCATE) AND: 1. SRI. MALLESH AGED ABOUT 67 YEARS, S/O MOGANNA 2. SMT SIDDAMMA AGED ABOUT 52 YEARS, W/O MALLESHA 3. POORNIMA AGED ABOUT 36 YEARS, D/O MALLESHA ALL ARE RESIDING AT KURUVANGI VILLAGE AND POST, CHIKKAMAGALURU TALUK-577102 AND DISTRICT Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 4. MASOOD AKTHAR AGED ABOUT 55 YEARS, S/O MEER MOHAMMOOD, DRIVER OF MARUTHI CAR R/O NEAR NOORANI MASJID, NEHRU NAGARA CHIKKAMGALURU CITY - 577 101 5. SRI JAYANNA AGED ABOUT 40 YEARS, S/O BORE GOWDA OWNER OF MARUTHI OMNI CAR R/O RAMANAHALLI VILLAGE, ARKALGODU TALUK - 573 102 HASSAN DISTRICT …RESPONDENTS (BY MS. NITHYA A., ADVOCATE FOR SRI. PRAKASH M.H., ADVOCATE FOR R1 TO R3 R4 SERVED, NOTICE TO R5 IS DISPENSED WITH VIDE ORDER DATED 05.03.2026) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2018 PASSED IN MVC NO.424/2016 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMGALURU, AWARDING COMPENSATION OF RS.15,20,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT. - 3 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the Insurance Company challenging the judgment and award dated 16.01.2018 passed in MVC No.424/2016 by the II Additional Senior Civil Judge and MACT, Chikkamagaluru (for short, 'Tribunal'). 2.Sri. A.Ravishankar learned counsel appearing for the appellant submits that the Tribunal has committed grave error in recording the finding that the driver of the Maruthi Omini car was negligent and caused the accident without appreciating the spot sketch available on record. It is submitted that perusal of the spot sketch clearly indicates that the deceased rider of the motorcycle came extreme right of the road and caused the accident. Hence, he seeks to consider fastening of certain negligence on the part of deceased rider of the motorcycle. It is submitted that the Tribunal has further erred in assessing the income of the deceased at Rs.15,000/- without any evidence. Hence, he seeks to allow the appeal of the Insurance Company. - 4 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 3. Per contra, Smt. Nithya learned counsel appearing for the claimant vehemently opposed the appeal and submitted that the Tribunal considering the fact that after investigation police have filed a charge sheet against the Driver of the Maruthi Omini car and saddled the liability on the appellant- Insurance Company. The same does not call for any interference. It is submitted that the Tribunal exercised its discretion and assessed the income and awarded just compensation which does not call for any interference. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments of learned counsel appearing for the appellant, learned counsel for the respondent and meticulously perused the material available on record. 5. The point that arise for consideration in this appeal is: "Whether the impugned judgment and award passed by the Tribunal calls for any interference?" 6. At the outset, it is to be noticed that the appellant- Insurance Company is not denying the factum of accident, death of Dinesha in the said accident and also it is not in - 5 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 dispute that the Maruthi Omini Car which involved in the accident was insured with the appellant-company and they are liable to indemnify the loss caused to the claimant. It is to be noticed that the Tribunal considering the charge sheet material has recorded the finding that the driver of Maruthi Omini car was solely negligent and caused the accident in question. It is to be noticed that the spot sketch available on record clearly indicate that the driver of the Omini car was proceeding towards Dantaramakki from Nariguddenahalli and the deceased rider of the motorcycle was coming from opposite direction. The spot sketch clearly indicates that the spot of the accident is towards the extreme left side of the road of the Omini car which prima facie shows that the rider of the motorcycle came extreme right side and dashed the car. However, this Court also cannot ignore the fact that the jurisdictional police after detailed investigation filed charge sheet against the driver of the Omini car. 7. Taking into account the aforesaid fact. I am of the considered view that the Tribunal has erred in finding that the driver of the Maruthi Omini car was solely responsible for the - 6 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 accident. For the aforementioned reasons, I am of the considered view that the deceased rider of the motorcycle has also contributed to the extent of 10% to the accident and accordingly the liability is apportioned. 8. Insofar as compensation is concerned the tribunal has erred in assessing the income of the deceased at Rs.15,000/- admittedly the deceased was aged about 35 years and was an agriculturist. It is not in dispute that the claimants have not produced any evidence with regard to the income. In the absence of proof of income, this Court notionally reassessed the income of the deceased at Rs.9,500/- and added 40% of the assessed income towards the loss of future prospects. It is also not in dispute that the deceased was a Bachelor. Hence, appropriate deduction would be 50% towards his personal and living expenses. Having reassessed the income, the loss of dependency would be as under:- Rs.9,500+40%-50% = Rs.6,650/- Rs.6,650 x 12 x 16 = Rs.12,76,800/- - 7 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 9. The claimants are the parents and the dependent sister of the deceased. Hence, they are entitled to the consortium at the rate of Rs.40,000/- each with 10% escalation (Rs.40,000/- + 10%). Hence, the 'loss of consortium' comes to Rs.1,32,000/-. The claimants are also entitled compensation under the head of 'loss of estate' at Rs.16,500/- and 'funeral expenses and transportation of dead body' at the rate of Rs.15,000/- each with 10% escalation (15,000/- + 10%) =16,500/- Thus, the appellant-claimant would be entitled to the modified compensation as under:- 10. Thus, the appellant-claimant shall be entitled to a total compensation of *Rs.12,97,620/- i.e., 90% of Rs.14,41,800/- as against Rs.15,20,000/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Loss of dependency 12,76,800/- Loss of consortium 1,32,000/- Transportation of dead body & funeral expenses 16,500/- Loss of estate 16,500/- Total 14,41,800/- * Corrected vide Court Order dated 10.04.2026 - 8 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 11. In the result, this Court proceeds to pass the following: ORDER i) Appeal is allowed in part. ii) The impugned judgment and award dated 16.01.2018 passed by the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of *Rs.12,97,620 i.e., 90% of Rs.14,41,800/- as against Rs.15,20,000/- awarded by the Tribunal. iii) The compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till its realization. iv) The respondent No.3 - Insurance Company is directed to deposit the compensation amount before the Tribunal within a period of 6 weeks from the date of receipt of certified copy of this judgment v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. * Corrected vide Court Order dated 10.04.2026 - 9 - HC-KAR NC: 2026:KHC:13464 MFA No. 2153 of 2018 vi) The amount in deposit is ordered to be transferred back to the Tribunal. vi) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE VS List No.: 1 Sl No.: 3