- 1 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8701 OF 2013 (MV-D) BETWEEN: SMT D PREMA W/O LATE DEVAKUMAR, AGED ABOUT 45 YEARS, RESIDING AT NO.21, SHIVAJINGAR, BANGARPET TOWN, KOLAR DISTRICT. …APPELLANT (BY SRI. GOPAL KRISHNA N., ADVOCATE) AND: 1. SRI SHAIK ABDUL KHALIQ S/O SHAIK ASGA PASHA, MAJOR IN AGE, RESIDING AT NO.54, OPP:PLAY WELL SCHOOL, KUSHAL NAGAR, K.G.HALLI, BANGALORE-45. 2. THE TATA AIG GENERAL INSURANCE COMPANY LIMTED 2ND FLOOR, JP & DEVFI, JAMBUKESHWAR ARCADE, 69, MILLERS ROAD, BANGALORE-560 052 BY ITS MANAGERR. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, V/O DTD:08.11.2017 SERVICE OF Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 NOTICE FOR R1 IS HELD SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.04.2013 PASSED IN MVC NO.4861/2011 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 19.04.2013 passed in MVC No.4861/2011 on the file of the XIII Additional Small Cause Judge, Member, MACT, Court Of Small Causes, Bangalore, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 3. One Vijay Kumar met with an accident on 18.05.2011 and his mother filed claim petition claiming compensation of Rs.25 lakhs. Tribunal considering the entire evidence on record granted an amount of Rs.7,02,000/- with interest at the rate of 6% p.a., from date of petition till realisation and also stated that there was negligence of 70% on the lorry driver and 30% on the rider of the motor cycle/deceased. 4. Aggrieved by the said order, she preferred an appeal and mainly contended that as per Ex.P6, the spot sketch, in which it was mentioned specifically that accident occurred due to the negligence of the lorry driver only. But the tribunal erred in fixing 30% contributory negligence on the part of the deceased, on the ground that he was riding the motorcycle along with 2 persons and it is in contravention of section 123 of the MV Act. 5. Learned counsel for the petitioner relied upon a citation reported in AIR 2020 SCC 520 in case of - 4 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 Mohammed Siddique and Anr Vs National Insurance Co. ltd and Ors., in which it was held as follows, 13. XXX. The fact that the deceased was riding on a motor cycle along with the driver and another, may not, by itself, without anything more, make him guilty of contributory negligence. At the most it would make him guilty of being a party to the violation of the law. Section 128 of the Motor Vehicles Act, 1988, imposes a restriction on the driver of a two wheeled motor cycle, not to carry more than one person on the motor cycle. Section 194C inserted by the Amendment Act 32 of 2019, prescribes a penalty for violation of safety measures for motor cycle drivers and pillion riders. Therefore, the fact that a person was a pillion rider on a motor cycle along with the driver and one more person on the pillion, may be a violation of the law. But such violation by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that his very act of riding along with two others, contributed either to the accident or to the impact of the accident upon the victim. There must either be a causal connection between the violation and the accident or a causal connection between the violation and the impact of the accident upon the victim. It may so happen at times, that the accident could have been averted or the injuries sustained could have been of a lesser degree, if there had been no violation of the law by the victim. What could otherwise have resulted in a simple injury might have resulted in a grievous injury or even death due to the violation of the law by the victim. It is in such cases, where, but for the violation of the law, either the accident could have been averted or the impact could have been minimized, that the principle of contributory negligence could be invoked.” - 5 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 6. In this case, the manner of accident shows that on 18.05.2011 while Vijay Kumar was riding a motorcycle from Bangarpet to Deshihalli petrol bunk and reached near petrol bunk, the lorry bearing No.KA-05-B-3146 came in a rash and negligent manner and dashed against the motorcycle. The charge sheet is also filed against the driver of the lorry, both of them have not examined the eye witnesses and they relied upon the documents filed before the court. It was specifically stated by the Supreme Court in the above mentioned citation that it is for the Insurance Company to plead and prove contributory negligence of person riding motorcycle. As the Insurance Company failed to prove the contributory negligence on the part of the rider of the motorcycle, this court finds, the contributory negligence fixed upon by the Tribunal to an extent of 30% on Vijay Kumar is not based on a proper appreciation of facts and hence it is to be set aside. - 6 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 7. Though it is stated that the petitioner was working as a electrician in SAM Electrical Services and earning Rs.10,000/- per month. He has not filed any income proof. As he met with an accident in the year 2011. This court finds it reasonable to take this notional income as Rs.6,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 24 years and the relevant multiplier taken is ‘18’. He is entitled for 40% towards future prospects and 50% is to be deducted towards his personal expenses. Hence, loss of dependency comes to Rs.6,500 + 40% X 12 X 18 - 50% = Rs.9,82,800/-. Petitioner is also entitled for an amount of Rs.40,000/- towards consortium and are also entitled for an amount of Rs.30,000/- under the conventional head. 8. Thus in all, components awarded by this court are as below, - 7 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 Hence, the compensation granted by tribunal is enhanced from Rs.7,02,000/- to Rs.10,52,800/- along 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 19.04.2013 passed in MVC No.4861/2011 on the file of the XIII Additional Small Cause Judge, Member, MACT, Court Of Small Causes, Bangalore, is modified. iii. The claimant is entitled for a sum of Rs.10,52,800/- along with interest at the Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 9,82,800 2 Towards loss of consortium 40,000 3 Conventional heads 30,000 Total 10,52,800 - 8 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 rate of 6% p.a., from the date of petition till the date of realization, instead of Rs.7,02,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.3,50,800/- along with the interest at the rate of 6% within one month from the date of this order. v. Respondent/Insurance Company has already deposited their share of 70% before the tribunal and they are directed to deposit the balance compensation along with interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:27152 MFA No. 8701 of 2013 vi. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV_CT:NR List No.: 1 Sl No.: 41