- 1 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 559 OF 2022 (MV-I) BETWEEN: SRI SHASHIKANTH T S/O THIMMAPPA AGED ABOUT 29 YEARS R/O KALLAKANGURU VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577 201. …APPELLANT (BY SRI. M.V MAHESWARAPPA, ADVOCATE) AND: 1. SRI BASAVANTHAPPA S/O NAGAPPA AGED ABOUT 32 YEARS R/O JANATHA COLONY ABBALAGERE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577201. 2. SRI SHANMUKHAPPA S/O HANUMANTHAPPA AGED ABOUT 49 YEARS R/O JANATHA COLONY ABBALAGERE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577201. 3. THE MANAGER SRIRAM GENERAL INSURANCE COMPANY LTD., SHIVAMOGGA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 POLICY NO.10003/31/18/242857 VALID FROM 28-08-2017 TO 27-08-2018 SHIVAMOGGA-57 7201. …RESPONDENTS (BY SRI. B.C SHIVANNEGOWDA, ADVOCATE FOR R2, R1-BASAVANTHAPPA AND R2-SHANMUKHAPPA ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2021 PASSED IN MVC NO. 565/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL-6, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.6,24,612/- awarded by the Tribunal and challenging the contributory negligence attributed on him, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 60,000 2. Loss of future income 2,76,480 3. Medical expenses 2,57,132 4. Loss of income during the laid up period 16,000 5. Conveyance, food, nourishment, attendant charges 15,000 Total 6,24,612 4. The primary contention of the learned counsel for the appellant is that the Tribunal has wrongly attributed 40% negligence on the claimant for the accident without any evidence. He has also contended that the amount awarded by the Tribunal under all the heads is meager and the same requires to be enhanced. It is also contended that in view of the judgment in the case of NEW INDIA ASSURANCE COMPANY LTD. Vs. YALLAVVA - ILR 2020 KAR 2239, respondent No.3 - insurer may be directed to make good the compensation and thereafter, recover the same from respondents 1 and 2. Accordingly, he prays to allow the appeal. 5. Per contra, learned counsel for the Insurer contended that the Tribunal has rightly held that the claimant has also - 4 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 contributed negligence at 40% to the occurrence of the accident. He further contended that the Tribunal based on the evidence has rightly awarded the sums under different heads and the same do not require any enhancement. Accordingly, he prays to dismiss the appeal. 6. As could be gathered from the evidence on record and on careful perusal of Ex.P5 - spot mahazar, it is seen that the accident has occurred on the eastern side of the road due to the rash and negligent driving of the driver of the offending vehicle. No doubt Ex.R3 - MLC register depicts that the claimant was in intoxicated condition, however, considering the facts and circumstances of the case, I am of the view that the Tribunal has erred in attributing 40% negligence on the claimant towards the accident. In that view of the matter, the same is reduced to 25%. As such, it is held that the Insurer is liable to make good 75% of the compensation amount and recover the same from respondents 1 and 2 in view of the judgment in the case of Yallavva cited supra. 7. As regards the quantum of compensation is concerned, since the Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability - 5 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 to the extent of 16% to the whole body, the same does not require any interference. 8. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 9. As the claimant was aged 23 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,32,000/- (12,500 x 12 x 18 x 16%) towards 'loss of future income'. However, the Tribunal without assessing the loss of future income, has awarded a sum of Rs.30,000/- as "loss of future income" 10. Since the claimant has suffered 16% disability, it would just and appropriate, if laid up period is taken as three months. As a consequence, the claimant would be entitled to a sum of Rs.37,500/- (12,500 X 3 months) towards 'loss of income - 6 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 during the laid up period' as against Rs.16,000/- awarded by the Tribunal. 11. Having regard to the nature and gravity of the injury suffered by the claimant, it would be just and appropriate to enhance the amount awarded towards food, conveyance, attendant charges to Rs.30,000/- as against Rs.15,000/- awarded by the Tribunal. 12. The sum of Rs.2,57,132/- awarded towards medical expenses. being based on documentary evidence, the same is affirmed. Further, the sum of Rs.60,000/- awarded towards pain and suffering, being just and proper, is also affirmed. 13. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 60,000 60,000 2. Loss of future income 2,76,480 4,32,000 3. Medical expenses 2,57,132 2,57,132 - 7 - HC-KAR NC: 2026:KHC:26885 MFA No. 559 of 2022 4. Loss of income during the laid up period 16,000 37,500 5. Conveyance, food, nourishment, attendant charges 15,000 30,000 7. Loss of amenities in life - 40,000 Total 6,24,612 8,56,632 14. Thus, the claimant is held entitled to 75% of the total compensation of Rs.8,56,632/- as against Rs.6,24,612/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. The Insurance Company is liable to make good 75% of the total compensation. Accordingly, it is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment and thereafter, recover the same from respondents 1 and 2. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 82