- 1 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 3500 OF 2019 (MV-D) BETWEEN: 1. SMT. SUREKHA, W/O LATE SUREDRA, AGED ABOUT 24 YEARS. 2. MASTER SURYA @ KANHA, S/O LATE SURENDRA, AGED ABOUT 6 YEARS. 3. KRISHNA LAL, S/O DUNGAR RAM, AGED ABOUT 56 YEARS. 4. SMT. NARBADA, W/O KRISHNA LAL, AGED ABOUT 53 YEARS. SINCE PETITIONER NO.2 IS MINOR REPTD., BY HIS MOTHER AND NATURAL GUARDIAN SMT. SUREKHA. ALL ARE R/AT WARD NO.13, CHAK RAJASAR, SONARI, HANUMANGARH, NOHAR, RAJASTHAN-335 523. …APPELLANTS (BY SRI A S GIRISH, ADVOCATE) AND: 1. SRI RAVINDRA P, S/O PUTTASWAMY, MAJOR IN AGE, R/AT NO.150, 3RD CROSS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 RANGANATHA COLONY, BENGALURU-560 026. (OWNER OF WATER TANKER BEARING NO.KA-07-5914). 2. TATA AIG GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, J.P. AND DEVI, CHEMBUKESHAV ARCADE, NO.69, MILLERS ROAD, BENGALURU-560 057, BY ITS MANAGER, (OWNER OF WATER TANKER BEARING NO.KA-07-5914) …RESPONDENTS (BY SRI R RANGASWAMY, ADVOCATE FOR R-1; V/O DATED 09.07.2024, SRI JANARDHANA REDDY, ADVOCATE FOR R-2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.10.18 PASSED IN MVC NO. 7177/16 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, 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 ORAL JUDGMENT This appeal is filed challenging the judgment and award dated 20.10.2018 passed in MVC No.7177 of 2016 by the M.A.C.T., Bangalore (SCCH-14) (for short ‘the Tribunal’). - 3 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 2. Sri.Girish.A.S., learned counsel appearing for the appellants, submits that the Tribunal, without any evidence before it, proceeded to record findings with regard to contributory negligence and came to the conclusion that the deceased was negligent to the extent of 15%, and apportioned the liability accordingly. It is submitted that, though the claimant examined PW3 – employer and produced Ex.P17 and Ex.P18, the balance sheet indicates that the deceased was drawing Rs.15,000/- per month. However, the Tribunal incorrectly assessed the income at Rs.10,000/- per month. It is further submitted that the compensation awarded by the Tribunal under the conventional heads is also on the lower side and requires to be re-assessed appropriately. 3. Per contra, Sri.Janardhana Reddy, learned counsel appearing for respondent No.2, supports the impugned judgment and award of the Tribunal and submits that, insofar as contributory negligence is concerned, the Tribunal has taken note of the fact that the deceased - 4 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 ought to have reduced his speed. When the lorry was about to take a left turn, he ought not to have proceeded further, which resulted in the accident. The same has been noticed by the Tribunal, which has come to the conclusion that the deceased contributed to the accident. It is submitted that, insofar as income is concerned, the claimants ought to have produced income tax returns to clearly show that the deceased was drawing ₹15,000/- per month. In the absence of such evidence, the Tribunal was justified in assessing the income and awarding just compensation, and there is no scope for enhancement. He therefore seeks dismissal of the appeal. 4. I have heard the arguments of learned counsel for the appellants and learned counsel for respondents and meticulously perused the material available on record. 5. The wife, children, and parents of the deceased filed a claim petition seeking compensation. It is averred that the deceased met with a road accident on 20.10.2016 - 5 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 and was earning Rs.15,000/- per month while working as an accountant and writer at Vikas Pipes, Bangalore. The Tribunal, after considering the evidence on record, awarded compensation of Rs.18,80,200/-, being 85% of the total compensation, by attributing 15% contributory negligence to the deceased. 6. Insofar as the contention with regard to the contributory negligence of the deceased is concerned, it is to be noticed that the claimant has examined PW1 to PW3 and got marked Ex.P1 to Ex.P17. The respondent– Insurance Company did not produce any evidence. The charge sheet clearly indicates that the accident was caused due to the actionable wrong of the driver of the water tanker. It is further to be noticed that the Tribunal, in paragraph 15 of the judgment, recorded a finding that the rider of the motorcycle took his vehicle towards the left side and could have avoided the occurrence of the alleged accident. Based on such a finding, the Tribunal proceeded to apportion the negligence. In my considered - 6 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 view, the said finding of the Tribunal is without any evidence on record. 7. It is to be noticed that the respondents have not produced any evidence with regard to contributory negligence, either by examining the driver of the tanker or any independent witness. In the absence of any such evidence before the Tribunal and also keeping in mind the fact that the police have filed a charge sheet against the driver of the offending water tanker, in my considered view, contributory negligence as well as liability cannot be apportioned. Hence the same is required to be set aside. Accordingly, it is set aside. 8. Insofar as the quantum of compensation is concerned, it is averred that the deceased was working as an accountant and writer at Vikas Pipes, Bangalore, and was earning Rs.15,000/- per month. In order to substantiate the said claim, the claimants examined Sri Pankaj Kumar as PW3, who is the employer of the - 7 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 deceased, and produced several documents, including the partnership deed, balance sheet, salary account ledger, and individual salary slips. 9. On perusal of the oral evidence of PW3, corroborated by the aforesaid exhibits, I am of the considered view, that the claimants have proved that the deceased was drawing Rs.15,000/- per month. The deceased was aged about 26 years and was married, having a wife, children, and parents as dependents. 10. Hence, there should be an addition of 40% of the assessed income that is required to be made towards loss of future prospects and ¼ is required to be deducted towards personal expenses. The claimants are four in number, hence they would be entitled to consortium at the rate of Rs.40,000/- each with 10% escalation that would be 44,000 × 4. Hence, compensation is re-assessed as under; - 8 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 11. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.34,22,000/- as against Rs.22,12,000/- awarded by the Tribunal. 12. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 20.10.2028 passed by the Tribunal in M.V.C.No.7177/2016 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.34,22,000/- as HEADS AMOUNT (in Rs.) Loss of dependency (Rs.15,000+40% x 12 x 17-1/4) 32,13,000.00 A loss of consortium (Rs.44,000 x 4) 1,76,000.00 Loss of estate (Rs.15,000+10% escalation) 16,500.00 Towards funeral expenses and transportation dead body (Rs.15,000+10%) 16,500.00 Total 34,22,000.00 - 9 - HC-KAR NC: 2026:KHC:23158 MFA No. 3500 of 2019 against Rs.22,12,000/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Registry to transmit the records back to the Tribunal. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SR List No.: 1 Sl No.: 3