- 1 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2732 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2535 OF 2024 (MV-I) IN MFA No. 2732/2024 BETWEEN: 1. SRI. SRINIVAS .G @ MAHIMARAJ AGED ABOUT 47 YEARS, S/O GOVINDAIAH, 2. SRI. MALATHI AGED ABOUT 43 YEARS, W/O SRINIVAS G. MAHIMARAJ, 3. SRI. VISHNU M AGED ABOUT 25 YEARS, S/O SRINIVAS G. MAHIMARAJ, 4. SRI. DHANUSH S AGED ABOUT 25 YEARS, S/O SRINIVAS G. MAHIMARAJ, ALL ARE RESIDING AT HOYSALA LAYOUT, MUNIGURAPPA LAYOUT, AMRUTHAHALLI, BENGALURU - 560 092. ALSO AT NO.8, VARADARAJU LAYOUT, IN FRONT OF OLD POLICE STATION, AMRUTHAHALLI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 BENGALURU - 560 092. …APPELLANTS (BY SRI. NAGARAJA REDDY D, ADVOCATE) AND: 1. SRI. SHEKAR M G MAJOR, S/O RAMAIAH, R/A NO.9, MUNISWAMAPPA ROAD, SUBBANNA PALYA, BENGALURU - 560 036. 2. HDFC ERGO GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKAR NARAYAN BUILDING, MG.ROAD, BENGALURU - 560 001, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 01.04.2026, NOTICE TO R1 HELD SUFFICIENT) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.01.2024 PASSED IN MVC NO.2084/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2535/2024 BETWEEN: 1. SRI. AMITH KUMAR A AGED ABOUT 21 YEARS, - 3 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 S/O AJAY KUMAR, R/AT NO.337, DASARAHALLI, BENGALURU - 560 024. ...APPELLANT (BY SRI. NAGARAJA REDDY D, ADVOCATE) AND: 1. SRI. SHEKAR M.G, MAJOR, S/O RAMAIAH R/AT NO. 9, MUNISWAMAPPA ROAD, SUBBANNA PALYA, BENGALURU - 560 036. 2. HDFC ERGO GENERAL INSURANCE CO. LTD., REGIONAL OFFICE NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKAR NARAYAN BUILDING, MG ROAD, BENGALURU - 560 001, REP. BY ITS MANAGER. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 01.04.2026, NOTICE TO R1 HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2024 PASSED IN MVC NO. 2083/2022 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT IN MFA NO.2732/2024 This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 08.01.2024 passed in MVC Nos.2083/2022 and 2084/2022. However, MFA No.2732/2024 is filed against the award passed in MVC No.2084/2022 on the file of the VII Additional Small Causes Judge and ACMM, Member, MACT-3, Bengaluru, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellants and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that, one Manoj S, met with an accident on 23.03.2022 and died subsequently. His - 5 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 parents and brothers filed claim petition before the Tribunal for compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.21,64,367/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. It was also held that there was contributory negligence on the part of the rider of the motorcycle to an extent of 20% and accordingly, the insurance company was directed to deposit 80% of the compensation. Being aggrieved by the said order, this appeal is filed. 4. It is stated that Manoj was working as a Delivery Associate at People 2 Pay Management (I) Pvt. Ltd., Bengaluru, and was earning Rs.20,000/- per month. But the Tribunal has assessed his income at only Rs.13,311/- per month and the amounts awarded under the conventional heads are meagre. The Tribunal has also fastened 20% contributory negligence on the rider of the motorcycle on the ground that he was proceeding on the wrong side as per Ex.P.5–spot sketch, without appreciating the document in a proper prospective. In fact, it was the offending canter vehicle that was on the wrong side and not the motorcycle. Moreover, the deceased was only - 6 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 a pillion rider. Therefore, the driver of the offending vehicle alone was negligent in causing the accident and thus requested for modification of the order. 5. Though it is stated that Manoj was earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, this Court finds it reasonable to take his notional income as Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The deceased was aged 20 years and the applicable multiplier is '18'. He is entitled to 40% addition towards future prospects and 50% is to be deducted towards personal expenses, as he was a bachelor. Accordingly, the loss of dependency comes to Rs.23,43,600/- (15,500 + 40% × 12 × 18 - 50%). The petitioner Nos.1 and 2 are the parents of the deceased, are each entitled to Rs.44,000/- towards filial consortium and they are also entitled to Rs.33,000/- under the conventional heads. The Tribunal has granted a sum of Rs.41,895/- towards medical expenses and the said amount is confirmed. - 7 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 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.25,06,495/- along with interest at the rate of 6% p.a. 8. The manner of the accident shows that while the Amith Kumar A, was riding the motorcycle bearing Reg. No.KA- 04-HH-939 along with his friends as pillion riders, namely Manoj and another person, near Water Tank Junction, the driver of the canter vehicle bearing Reg. No. KA-20-B-0073 came at a high speed, in a rash and negligent manner and dashed against the motorcycle. As a result, the rider of the motorcycle sustained injuries and the pillion rider-Manoj, succumbed to the injuries. The Tribunal relying upon Ex.P.5- Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,43,600/- 2 Towards filial consortium 88,000/- 3 Towards conventional heads 33,000/- 4. Towards medical expenses 41,895/- Total 25,06,495/- - 8 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 spot sketch, held that there was contributory negligence on the part of the rider of the motorcycle. Admittedly, in this case the deceased/Manoj was a pillion rider and the case involves triple riding. But the Tribunal observed that it was not established that the accident occurred due to loss of control of the vehicle on account of triple riding or non-wearing of a helmet. A perusal of the spot sketch indicates that the rider of the motorcycle was not on the wrong side. Moreover, the deceased being a pillion rider, had no role in contributing to the negligence. Therefore, this Court finds that the contributory negligence fixed upon the rider of the motorcycle is not based on a proper appreciation of the facts and is liable to be set aside. It is stated that the insurance company has already deposited 80% of the compensation amount. The insurance company is directed to deposit the balance compensation of Rs.25,06,495/- along with interest at the rate of 6% per annum within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 On such deposit, petitioner Nos.1 and 2 are permitted to withdraw the entire amount along with interest accrued on the same equally. Accordingly, the appeal is allowed in part. IN MFA NO.2535/2024 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 08.01.2024 passed in MVC Nos.2083/2022 and 2084/2022. However, MFA No.2535/2024 is filed against the award passed in MVC No.2083/2022 on the file of the VII Additional Small Causes Judge and ACMM, Member, MACT-3, Bengaluru, seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 23.03.2022 and filed claim petition before the - 10 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,08,106/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit and the insurance company was directed to deposit 80% of the compensation. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured was working as an electrician and was earning Rs.25,000/- per month. The amounts awarded by the Tribunal under the other heads are meagre. He was treated as an inpatient for 9 days and had sustained fracture injuries. PW.3-doctor has assessed the disability at 15%. But the Tribunal has not considered the same and has erred in fixing 20% contributory negligence on the part of the rider of the motorcycle. Therefore, requested for modification of the order. 4. Learned counsel for respondent No.2 stated that the petitioner/injured sustained only simple injuries. As such, the Tribunal rightly observed that the injuries would not have any impact on his work and accordingly, did not consider the disability. Therefore, the said finding needs no interference. - 11 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 5. Though it is stated that the petitioner/injured was earning Rs.25,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 20 years and the applicable multiplier is '18'. As per Ex.P.9-wound certificate, the petitioner sustained the following injuries, which are simple in nature: "1. CLW over right lower limb mid 1/3rd. 2. CLW over lateral side of right orbit. 3. Lacerated wound in right zygomatic region. 4. Lacerated wound in right plantar region of foot." PW.3-doctor stated that the petitioner/injured complained about pain in temporomandibular joint, restricted mouth opening, mobility present in anterior teeth, disocclusion present in posterior teeth, sensitivity present all over teeth, unable to chew food, generalized periodontics and generalized weakness. But the Tribunal observed that pain and difficulties are not mentioned either in the wound certificate or in the case sheet. - 12 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 Therefore, the disability assessed by the doctor was not considered. As per the admission card in Sanjay Gandhi Institute of Trauma and Orthopaedics, the petitioner sustained right zygomstic complicated fractures. As per the Ex.P.12- discharge summary, the petitioner sustained the following injuries, which are grievous in nature: "3DCT face reveals right zygomatic buttress fracture and zygomatic arch fracture, FZ fracture, Infra Orbital RIM Fracture and he sustained injury to face and shoulder." 6. PW.3 is a Professor and Head of the Department of Dentistry. He stated that the petitioner sustained fracture injuries, which are grievous in nature. The petitioner underwent surgery under general anesthesia and was discharged with advice to take rest. PW.3 assessed the disability at 15%. It is further stated that the petitioner was advised to undergo another surgery for the removal of the metal plate placed under upper right side of the maxillary bone and the estimated cost of the surgery in a private hospital is between Rs.90,000/- to Rs.95,000/-. - 13 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 7. Learned counsel for respondent No.2 contended that the petitioner sustained only facial injuries, as such the disability assessed by PW.3 cannot be considered. But this Court finds it reasonable to consider the disability at 10%, as per medical evidence. Accordingly, the loss of future earning capacity comes to Rs.3,34,800/- (15,500 × 12 × 18 × 10%). The petitioner has incurred a sum of Rs.1,65,406/- towards medical expenses, as per Exs.P.15 to P.17 and the same is confirmed. The petitioner was hospitalized for a period of 9 days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award Rs.40,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment, and attendant charges. The petitioner might not have attended to any other work at least for one month. Therefore, a sum of Rs.15,500/- is awarded towards loss of income during the laid-up period. PW.3 has further stated that the petitioner requires another surgery for removal of the metal plate. Accordingly, this Court finds it reasonable to award Rs.50,000/- towards future medical expenses. - 14 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,55,706/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 40,000/- 2. Towards medical expenses 1,65,406/- 3. Towards loss of amenities 20,000/- 4. Towards transportation, extra nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 15,500/- 6. Towards loss of future earning capacity 3,34,800/- 7. Towards future medical expenses 50,000/- Total 6,55,706/- - 15 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 ii. The judgment and award dated 08.01.2024 passed in MVC No.2083/2022 on the file of the VII Additional Small Causes Judge and ACMM, Member, MACT-3, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.6,55,706/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,08,106/- granted by the tribunal. iv. In view of the discussion in the above paragraphs regarding contributory negligence, this Court finds that the assessment of contributory negligence by the Tribunal is not based on proper appreciation of the facts and accordingly, the same is set aside. v. The Insurance Company has already deposited 80% of the compensation amount. Therefore, it is directed to deposit the balance compensation amount along with interest at - 16 - HC-KAR NC: 2026:KHC:17895 MFA No. 2732 of 2024 C/W MFA No. 2535 of 2024 the rate of 6% per annum within one month from the date of this order. vi. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 4