- 1 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 7927 OF 2019 (MV-D) BETWEEN: 1. SMT. JAYALAKSHMI H.S W/O LATE S.J. SHIVANNA, AGED ABOUT 37 YEARS 2. SHIVASHRI S D/O LATE S.J. SHIVANNA, AGED ABOUT 14 YEARS 3. SRIVANTH S S/O LATE S.J. SHIVANNA AGED ABOUT 10 YEARS, 4. BETTAMMA W/O LATE JAVARAIAH, AGED ABOUT 78 YEARS, APPELLANT NO.2 AND 3 ARE MINOR REPT. BY HER MOTHER AND NATURAL GUARDIAN APPELLANT 1, ALL ARE R/AT SANABA VILLAGE & POST, CHINAKURALI HOBLI, PANDAVAPURA TALUK MANDYA - 34. …APPELLANTS (BY SRI. MAHADEVA SWAMY P, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 AND: 1. THE HEAD MISTRESS STG PUBLIC SCHOOL, CHINAKURALI HOBLI, PANDAVAPURA TALUK MANDYA DIST - 571 434. 2. THE MANAGER RELIANCE GEN INS CO. LTD., R.O NO. 28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BANGALORE - 570 001. …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R2; VIDE ORDER DATED 08.12.2021, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2019 PASSED IN MVC NO.5357/2018 ON THE FILE OF THE MEMBER, MACT, XVI ADDITOINAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 ORAL JUDGMENT This appeal is filed by the claimants seeking enhancement of compensation being aggrieved by the judgment and award dated 01.07.2019 passed in MVC No.5357/2018 by the Motor Vehicles Accident Claims Tribunal, Bengaluru City (SCCH-14) (for short, ‘Tribunal’). 2. Though this appeal is listed for orders, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Sri.Mahadeva Swamy P., learned counsel appearing for the appellants submits that the Tribunal has committed grave error in recording the finding with regard to the contributory negligence without any evidence on record. It is submitted that the charge sheet has been filed against the driver of the offending bus and in the absence of any evidence, based on the sketch and IMV Report, Court jumps to the conclusion that the deceased/rider of the motorcycle was negligent and caused the accident in - 4 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 question. Hence, he seeks to set-aside the said finding. It is further submitted that the deceased was a class-2 Contractor and also doing other business and Income Tax returns were placed as Exhibits P9 to P22. A perusal of the Income Tax returns indicate that the income of the deceased was Rs.2,91,722/- for the relevant year and considering the same, income is required to be assessed at Rs.24,000/- per month. Hence, he seeks to re-assessed the compensation by saddling entire liability on the Insurance Company. 4. Per contra, Sri. Pradeep B., learned counsel appearing for respondent No. 2 supports the impugned judgment and award of the Tribunal and submits that the Tribunal from paragraph 15 to paragraph 20 has recorded detailed reasons and the said reasons are based on the oral and documentary evidence with regard to the contributory negligence. Hence, the same needs no interference. It is submitted that the Tribunal taking note of the documents produced by the claimants, assessed the - 5 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 income at Rs.18,000/- per month and awarded just compensation and there is no scope for enhancement. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel for the appellants, the learned counsel for the respondent and meticulously perused the material available on record, including Tribunal records. 6. The appellants as well as the respondent are not in dispute with regard to the fact that one Shivanna S.J. met with road accident on 07.06.2018 at about 09.00 a.m. and in the said accident, he succumbed to the injuries. The accident was reported by Smt.Vani to the police. Based on such information, the jurisdictional police registered the case in Crime No.262/2018 and after completion of investigation, filed the charge against the driver of the School bus. It is to be noticed that the Tribunal considering IMV Report at Exhibit P2, sketch and other material on record, has recorded the clear finding - 6 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 that the accident in question has occurred in the middle of the road where four roads joined. The Tribunal has also recorded the finding that the damage caused to the bus by considering Exhibit-P2 and also to the vehicle and come to a clear conclusion that the deceased was negligent, he ought to have taken care while crossing the junction and held that he has contributed to the accident to the extent of 15%. It is to be noticed that the claimant examined herself as PW.1 and got marked documents at Exhibits P1 to P28. The respondent did not adduce any evidence. Admittedly, the charge sheet material indicates that there was negligence on the part of driver of the bus. The oral evidence of PW.1, though it is hearsay, corroborates with the charge sheet material. This Court also cannot ignore the fact that the accident has occurred in the middle of the road, that too in a junction where four roads joined. The deceased was riding two wheeler and the offending vehicle is a school bus and since, the vehicle of the deceased was smaller than the offending vehicle and considering the - 7 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 aforesaid fact, charge sheet material, the evidence on record and in the absence of any contra evidence from the other side, I am of the considered view that interest of justice would be met, if contributory negligence is modified in the ratio of 90:10. 7. Insofar as the quantum of compensation is concerned, the appellants have placed heavy reliance on Exhibits P9 to P22. These are the documents of the deceased pertaining to contract passbook and Income Tax returns. The Income Tax returns for the year 2013-2014 indicate the income of the deceased is more than Rs.9,00,000/-, for the year 2014-15 income is shown as Rs.39,674/-, Income Tax returns for the year 2015-2016 were not placed, for the year 2016-17 income is shown as Rs.18,857/-, for the year 2017-18 income is shown as Rs.10,057/- and Income Tax returns for the year 2018-19 which was admittedly filed on 20.07.2018 i.e., after the accident, it shows income of the deceased as - 8 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 Rs.2,91,722/-. The Tribunal considering all these documents and also considering the fact that the deceased was a class-2 contractor, assessed the income at Rs.18,000/- p.m. In my view, the said assessment is strictly inconsonance with the evidence on record and there is no scope for modification. 8. The Tribunal has committed an error in awarding consortium only to the extent of Rs.40,000/-. Keeping in mind the law laid down by the Hon'ble Supreme Court in the case Magma General Insurance Company Limited vs. Nanu Ram and Others1, each of the appellants who are the wife, children and the mother would be entitled to consortium at the rate of Rs.40,000/- with 10% escalation. Similarly, the appellants are entitled to 10% escalation under the heads of 'loss of estate' and 'transportation of dead body and funeral expenses'. Hence, the compensation is re-assessed as under: 1 2018 ACJ 2782 - 9 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 9. Thus, the appellants-claimants shall be entitled to a total compensation of Rs.30,45,500/-. The appellants-claimants would be entitled to 90% of the compensation which would be Rs.27,40,950/- as against Rs.24,70,000/- awarded by the Tribunal. 10. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 01.07.2019 passed by the Tribunal in HEADS AMOUNT (in Rs.) Loss of dependency 28,35,000.00 Medical expenses 1,500.00 Loss of consortium (Rs.44,000 x 4) 1,76,000.00 Transportation of dead body & funeral expenses 16,500.00 Loss of estate 16,500.00 Total 30,45,500.00 - 10 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 M.V.C.No.5357/2018 is modified to an extent that the appellants-claimants would be entitled to total compensation of Rs.27,40,950/- as against Rs.24,70,000/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. - 11 - HC-KAR NC: 2026:KHC:20146 MFA No. 7927 of 2019 f) Registry shall transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 5