- 1 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5870 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 5924 OF 2023 (MV-D) MISCELLANEOUS FIRST APPEAL No. 5929 OF 2023 (MV-I) IN MFA No. 5870/2023 BETWEEN: 1. NINGAMMA W/O LATE RUDRASHETTY AGED ABOUT 42 YEARS 2. SAHANA D.R D/O LATE RUDRASHETTY AGED ABOUT 20 YEARS. BOTH ARE R/O DORANAHALLI MADDUR TLAUK, MADNYA DISTRICT PIN – 571 428. …APPELLANTS (BY SRI MANJUNATHA M B, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 AND: 1. MAHADEV D V S/O VEEASHATTY MAJOR, R/AT No. 89 80 FEET BDA ROAD NEAR KSIT COLLEGE, KANAKAPURA MAIN ROAD, BANGALORE – 560 062. 2. THE MANAGER FUTURE GENERAL INDIA INSURANCE CO. LTD., 3RD AND 4TH FLOOR No.31 SHRAVANEE KRISHNA MANSION 100 FEET ROAD, 2ND BLOCK, JAYANGARA, BANGALROE – 560 041. 3. M/S SRI RAMA TRANSPORT NO. 395, JAYALAKSHMI COMPLEX WHITE FIELD ROAD, HOODI BANGALORE – 560 048. REPRESENT BY ITS MANAGER OR AUTHORISED PEROSNS. 4. THE MANAGER NEW INDIA ASSURANCE CO. TLD., JLB ROAD, CHAMUNDIUPRAM MYSURE- 570 004. …RESPONDENTS (BY SRI SHIVANNE GOWDA, ADVOCATE FOR R2 SRI B R VENKATESH KAMATH, ADVOCATE FOR R4 V/O DTD. 29.6.2026 NOTICE TO R1 & R3 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2023 PASSED IN MVC No.1866/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADDUR, MOTOR ACCIDENTS CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 IN MFA No. 5924/2023 BETWEEN: THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED JLB ROAD, CHAMUNDIPURAM MYSORE. REPRESENTED BY THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED MOTHER THIRD PARTY CLAIMS No. 9 2ND FLOOR, MG ROAD BENGALURU – 560 001. ...APPELLANT (BY SRI VENKATESH KAMATH B R, ADVOCATE) AND: 1. SMT. NINGAMMA W/O LATE RUDRASHETTY AGED ABOUT 44 YEARS 2. KUM. SAHANA D R D/O LATE RUDRASHETTY AGED ABOUT 23 YEARS RESPONDENTS No.1 AND 2 WERE R/AT DORANAHALLI MADDUR TALUK MANDYA DISTRICT. 3. MAHADEVA D V S/O VEERASHETTY MAJOR R/AT 89, 80 FEET, BDA ROAD NEAR KSIT COLLAGE, KANAKAPURA MAIN ROAD, BANGALORE. 4. THE MANAGER FUTURE GENERAL INDIA INSURANCE CO. LTD., - 4 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 3RD AND 4TH FLOOR No. 31, SHRAVNEE KRISHNA MANSION, 100 FEET ROAD 2ND BLOCK, JAYANGARA BANGALORE. 5. M/S SRI RAMA TRANSPORT R/AT No. 395 SRI JAYALAKSHMI COMPLEX WHITE FILED ROAD, HOODI BANAGALORE – 560 048. ...RESPONDENTS (BY SRI B C SHIVANNEGOWDA, ADVOCATE FOR R4 V/O DTD. 8.6.2026 NOTICE TO R3 D/W R1, R2 AND R5 SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:23.03.2023 PASSED IN MVC No.1866/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MADDUR, AWARDING COMPENSATION OF Rs.20,82,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 5929/2023 BETWEEN: 1. THE NEW INDIA ASSURANCE COMPANY LIMITED JLB ROAD, CHAMUNDIPURAM, MYSORE REPRESENTED BY THE MANAGER THE NEW INDIA ASSURANCE COMPANY LIMITED MOTOR THIRD PARTY CLAIMS HUB MAHALAKSHMI CHAMBERS No. 9, 2ND FLOOR, M G ROAD BENGALURU – 560 001. ...APPELLANT (BY SRI VENKATESH KAMATH B R, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 AND: 1. SATISHA B S/O BASAVASHETTY AGED ABOUT 34 YEARS 2. MAHADEVA D V S/O VEERASHETTY MAJOR R/AT 89, 80 FEET BDA ROAD NEAR KSIT COLLEGE KANAKAPURA MAIN ROAD BANGALORE. 3. THE MANAGER FUTURE GENERAL INDIA INSURANCE CO. LTD., 3RD AND 4TH FLOOR No. 31, SHRAVNEE KRISHNA MANSION, 100 FEET ROAD 2ND BLOCK, JAYANAGAR BANGALORE. 4. SRI RAMA TRANSPORT R/AT No. 395 SRI JAYALAKSHMI COMPLEX WHITE FILED ROAD, HOODI BANGALORE – 560 048. ...RESPONDENTS (BY SRI B C SHIVANNEGOWDA, ADVOCATE FOR R3 SRI SHRIKANTHA BADARADINNI, ADVOCATE FOR R4 V/O DTD. 8.6.2026 NOTICE TO R2 IS D/W V/O DTD. 29.6.2026 R1 SRI SATISHA B, SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.03.2023 PASSED IN MVC No.1867/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MADDUR, AWARDING COMPENSATION OF RS. 5,21,000/- TOGETHER WITH INTEREST OF RS. 4,91,000/-(EXCLUDING THE FUTURE MEDICAL EXPENSES OF RS. 30,000/-) AT THE - 6 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 RATE OF 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. MFA No. 5870/2023 is filed by the claimants seeking enhancement of the compensation awarded in the judgment and award dated 23.03.2023 passed in MVC No.1866/2019 by the Senior Civil Judge and MACT, Maddur. MFA No. 5924/2023 is filed by the insurer of Eicher Lorry bearing No. KA-53-B-4300 challenging the liability saddled on it to the extent of 50% in MVC No. 1866/2019. MFA No. 5929/2023 is filed by the insurer of the Eicher Lorry bearing No. KA-53-B-4300 challenging 50% of liability saddled on it in the judgment and award passed in MVC No. 1867/2019. 2. Common judgment has been passed in MVC Nos. 1866/2019 and 1867/2019. MVC No. 1866/2019 is filed by the mother and sister of deceased Prasad D.R. - 7 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 who died in the road traffic accident and MVC No. 1867/2019 is filed by the claimant who has sustained injury in the road traffic accident that occurred on 25.12.2018. 3. Facts leading to filing of both the claim petitions are, that on 25.12.2018 at about 05.15 am the deceased Prasad D.R. and claimant in MVC No. 1867/2019 – Satish and his relative D.V. Mahadeva were going to Sanjo hospital, Srinivasapura, to see their relative who was admitted on account of heart attack from Bangalore in a car bearing registration No. KA-05-MK-5124. Said car was driven by D.V.Mahadev and when they reached near Balaji Conventional Hall at Gejjalagere colony, at that time, Eicher Lorry bearing registration No. KA-53-B-4300 driven by its driver in rash and negligent manner, without giving any signal, all of a sudden, moved the lorry from right path to left path due to which the car which was moving on the left path dashed against the hind portion of the lorry. Due to the impact, persons in the car sustained - 8 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 grievous and multiple injuries all over the body. Said Prasad D.R. was shifted to the hospital and while taking treatment, he succumbed to the injury on 30.12.2018. Satish took treatment in the hospital. It is contended that the accident occurred due to the rash and negligent driving by the driver of the Eicher Lorry. The Tribunal recorded evidence, appreciating the evidence assessed compensation in both the petitions and awarded compensation in MVC No. 1866/2019 under different heads as under: 1 Compensation towards loss of dependency Rs.18,90,000.00 2 Compensation towards medical expenses Rs.01,02,000.00 3 Compensation towards loss of filial consortium Rs.40,000.00 4 Compensation towards loss of elder brother Rs.20,000.00 5 Compensation towards funeral and obsequies ceremony and transportation expenses Rs.15,000.00 6 Compensation towards loss to estate Rs.15,000.00 Total Rs.20,82,000.00 - 9 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 4. The Tribunal also awarded 6% interest from the date of petition till the date of realization. The Tribunal held that the driver of the car and driver of the Eicher Lorry both were negligent and assessed negligence at 50% each and directed the insurer of both the vehicles to pay the compensation assessed at 50% each. 5. Claimants in MVC No. 1866/2019 have filed MFA No. 5870/2023 seeking enhancement of compensation awarded. Insurer of Eicher Lorry has filed MFA Nos. 5924/2023 and 5929/2023 challenging the liability saddled on it to pay the compensation in both the petitions to the extent of 50%. 6. Heard learned counsel appearing for the parties in all the appeals. 7. Learned counsel for appellant in MFA Nos.5924/2023 and 5929/2023 – insurer would contend that the car dashed to the Eicher Lorry from behind and - 10 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 evidence of P.W.2 indicates that it was at a distance of 20 feet and therefore, the driver ought to have avoided the accident. Therefore, entire negligence is on the part of the driver of the car. With this, he prayed to allow both the appeals. 8. Learned counsel for appellant in MFA No. 5870/2023 would contend that there are two claimants and consortium is awarded only to one claimant in a sum of Rs.40,000/- and for the other claimant who is the younger sister of the deceased only Rs.20,000/- is awarded and seeks enhancement of the compensation by Rs.20,000/-. 9. Learned counsel for respondent No.4 in MFA No.5924/2023 and for respondent No. 3 in MFA No. 5929/2023 would contend that the Tribunal has rightly assessed the contributory negligence on the part of the driver of the car and driver of the Eicher Lorry at 50% each. They have satisfied the award by depositing the - 11 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 amount of their share of compensation. The Tribunal rightly appreciating the evidence on record has held that the driver of Eicher Lorry is liable to pay compensation to the extent of 50%. 10. Having heard learned counsel for the parties, this Court has perused the impugned judgment, award and trial Court records. 11. Considering the above, the following points arise for consideration in this appeal: i) Whether the Tribunal is justified in holding that the driver of Eicher Lorry bearing registration No. KA- 53-B-4300 has contributed negligence to the extent of 50%? ii) Whether the appellants in MFA No. 5870/2023 are entitled for enhancement of compensation awarded by the Tribunal? 12. Reasons on point No. (i) : FIR has been filed by the Manager of Eicher Lorry based on which case has been registered against the driver of the car. - 12 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 Subsequently, after investigation, charge sheet has been filed against both, driver of the car and driver of Eicher Lorry. Certified copy of charge sheet is at Ex.P.7. Allegation made against the driver of the car and driver of Eicher Lorry in the charge sheet is that the driver of the Eicher Lorry was driving in the right lane and car was moving in left lane and driver of Eicher Lorry took the lorry on the left lane, as a result, car dashed to Eicher Lorry from behind and both are responsible for rash and negligent driving and causing the accident. The Tribunal has assessed the contributory negligence of driver of the car and Eicher Lorry at 50% each. 13. A perusal of Ex.P.3 – spot mahazar indicate that there were brake marks on the spot. That itself indicates that driver of the car, on coming to know that Eicher Lorry was coming to the left lane, had applied brake in order to avoid the accident and inspite of it, it dashed against the Eicher Lorry. Sketch enclosed to Ex.P.3 also indicate that the accident occurred in the left lane. P.W.2 - 13 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 is one of the eye witnesses to the accident. His evidence also indicates rash and negligent driving by the driver of Eicher Lorry and by the driver of the car. Considering the said aspects, the Tribunal has rightly assessed the contributory negligence on the part of both the drivers at 50% each. Accordingly, point No. (i) is answered. 14. Reasons on point No. (ii) : The Tribunal has awarded consortium to claimant No. 1 in a sum of Rs.40,000/- and only awarded Rs.20,000/- to claimant No. 2 towards loss of elder brother. Claimant No. 2 being younger sister of the deceased is also entitled to consortium in a sum of Rs.40,000/-. Therefore, compensation awarded by the Tribunal requires to be enhanced by Rs.20,000/-. 15. Compensation awarded by the Tribunal under other heads is just and proper. Accordingly, point No. (ii) is answered. - 14 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 16. In view of the above, the following; O R D E R I. MFA Nos. 5924/2023 and 5929/2023 filed by the insurer are dismissed. II. MFA No. 5870/2023 filed by the claimants is allowed in part. III. Claimants are entitled to enhanced compensation of Rs.20,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. IV. Insurers of both the vehicles are liable to pay 50% each of the enhanced compensation with interest. V. Insurers of both the vehicles shall deposit the enhanced compensation before the Tribunal within six weeks from this day failing which they are liable to pay interest at the rate of 9% p.a. from this day till the date of payment. VI. Claimants are entitled to release of enhanced compensation. - 15 - HC-KAR NC: 2026:KHC:32218 MFA No. 5870 of 2023 C/W MFA No. 5924 of 2023 MFA No. 5929 of 2023 VII. Amount in deposit is ordered to be transmitted to the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 66