- 1 - HC-KAR NC: 2026:KHC:34869 MFA No. 4856 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4856 OF 2021(MV-I) BETWEEN: MOHAMMED MAAZ K.A S/O AZAZ PASHA, AGED ABOUT 21 YEARS, R/AT BICHANAHALLI, KUSHALANAGARA, SOMAVARPET TALUK, KODAGU DISTRICT. PRESENT ADDRESS: MOHAMMED MAAZ K A, S/O AZAZ PASHA, AGED ABOUT 21 YEARS, CHAMAKANAGARA EXTENSION, SAKALESHPURA TOWN …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. MAHAMMED MUSTHAFA K E S/O EBRAHIM , NARAGANE VILLAGE, ULUGULI POST, SHUNTIKOPPA, SOMAVARAPETE TALUK, KODAGU DISTRICT. 2. MANAGER NATIONAL INSURANCE COMPANY LTD., Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34869 MFA No. 4856 of 2021 CENTER BLOCK-2, SURVEY NO.146/2-C, SAS NO.13, B.M ROAD, KUSHALNAGARA, SOMAVARPETE TALUK, KODAGU DISTRICT. …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.12.2019 PASSED IN MVC NO. 965/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., SAKALESHPUR, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,00,656/- awarded by the Tribunal in MVC No.965/2018 vide judgment and award dated 03.12.2019, 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:34869 MFA No. 4856 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Towards Pain and sufferings 45,000/- 2. Loss of income due to permanent disability 90,720/- 3. Medical expenses 2,04,100/- 6. Conveyance, attendant charges, food and nourishment expenses 18,000/- 7. Loss of income during treatment period 18,000/- 8. Less 20% towards contributory negligence of petitioner -75,164/- Total 3,00,656/- 4. The learned counsel for the claimant contended that the Tribunal has grossly erred in attributing contributory negligence on the claimant, who was riding pillion. He also contended that the amount awarded under all the heads is meagre and the same requires to be enhanced. Accordingly, he prays to allow the appeal. 5. Per contra, learned counsel for the insurer contended that the driver of the offending vehicle drove the vehicle with utmost care and caution and it was the rider of the motor cycle, who rode the motorcycle in a rash and negligent manner and due to his negligence, accident had caused. Therefore, the - 4 - HC-KAR NC: 2026:KHC:34869 MFA No. 4856 of 2021 Tribunal has rightly attributed 20% contributory negligence on the claimant. 6. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. As could be gathered from records, the claimant was riding pillion and that the pillion rider, being a passive passenger, exercises no operational control over the vehicle. Further, there is no cogent evidence to prove that the claimant has committed any act which contributed to the accident. As such, in my considered opinion, the finding of the Tribunal attributing contributory negligence on the claimant requires to be set aside and is accordingly set aside. 7. As regards compensation, the Tribunal, on an analysis of medical evidence, has concluded that the claimant has functional disability to the extent of 7% to the whole body, although, the Doctor has assessed the disability to the whole body at 21%. As such, in view of the evidence of the Doctor and having regard to the injuries suffered by the claimant, I deem it just and appropriate to assess the disability suffered by the claimant at 10%. - 5 - HC-KAR NC: 2026:KHC:34869 MFA No. 4856 of 2021 8. The Tribunal has determined the monthly income, notionally at Rs.6,000/-. 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 2017, would be Rs.11,000/-. 9. As the claimant was aged 18 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,37,600/- (11,000 x 12 x 18 x 10%) towards 'loss of future income as against Rs.90,720/- awarded by the Tribunal. 10. Consequently, the amount of Rs.18,000/- awarded by the Tribunal towards 'loss of income during the laid-up period' would also stand enhanced to Rs.33,000/- (Rs.11,000 X 3 months) treating the laid up period as 3 months. 11. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.45,000/- and having regard to the length of the stay of the claimant in the hospital, - 6 - HC-KAR NC: 2026:KHC:34869 MFA No. 4856 of 2021 he would also be entitled to 'Conveyance, attendant charges food and nourishment’ at Rs.20,000/- as against the sum of Rs.18,000/- awarded by the Tribunal. 12. Having regard to the lasting effect of the injuries on the claimant, the Tribunal ought to have awarded compensation under the head loss of amenities. As such, I deem it just and appropriate to award a sum of Rs.50,000/- towards loss of amenities. 13. The sum of Rs.2,04,100/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 14. 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 45,000 50,000 2. Loss of future income 90,720 2,37,600 3. Medical expenses 2,04,100 2,04,100 4. Loss of income during the laid up period 18,000 33,000 5. Conveyance, food, 18,000 20,000 - 7 - HC-KAR NC: 2026:KHC:34869 MFA No. 4856 of 2021 nourishment, attendant charges 6. Loss of amenities in life Nil 50,000 7. Less 20% towards contributory negligence -75,164 Nil Total 3,00,656 5,94,700 15. Thus, the claimant is held entitled to the total compensation of Rs.5,94,700/- as against Rs.3,00,656/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Insurer is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 46