- 1 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4015 OF 2021(MV-I) BETWEEN: SHIVAKUMAR S., S/O SHANKAR B., AGED 25 YEARS, R/AT NO.11, 16TH CROSS, 3RD MAIN, NAGARABHAVI MAIN ROAD, NEAR SHIVA TEMPLE, KALYANNAGAR, BENGALURU - 560 072. …APPELLANT (BY SRI. SRIDHAR D.S., ADVOCATE) AND: 1. SHIVAKUMAR B.N., FATHER'S NAME NOT KNOWN TO THE APPELLANT, NO.266, BUILDING SHIRKE APARTMENT, K.S.TOWN, BENGALURU - 560 060. 2. M/S. UNITED INIDA INSURANCE CO. LTD., REGIONAL OFFICE, R/BY ITS MANAGER, 5TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 NEAR HUDSON CIRCLE, BANGALORE - 560 027. …RESPONDENTS (BY SRI.RAVISH BENNI, 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 18.10.2019 PASSED IN MVC NO.4844/2018 ON THE FILE OF THE MEMBER, MACT, C/c XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. Being dissatisfied with the compensation granted by the Tribunal in M.V.C.No.4844/2018 dated 18.10.2019 by the M.A.C.T, Bengaluru City (SCCH-15) (for short "Tribunal"), the claimant is before this Court for enhancement of compensation. 2. The brief facts which are necessary for disposal of this appeal is that; on 11.07.2018 at about 05.00 p.m. when the claimant - appellant was riding his motor cycle bearing registration No.KA-41-EH-7768 along with the - 3 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 pillion rider on pipeline road near Shobha Apartment, Bengaluru, at that time, suddenly the driver of the car bearing registration No.KA-41-B-8225 came in a rash and negligent manner and dashed to the motor cycle of the claimant, as a result, the claimant sustained severe injuries all over the body. Thereafter, he was admitted to the hospital and the jurisdictional police filed F.I.R and laid charge sheet against the driver of the offending vehicle ie., the car bearing registration No.KA-41-B-8225. Subsequently, the claim petition was filed by the claimant before the Tribunal in M.V.C No.4844/2018. The Tribunal, on assessment of oral and documentary evidence has partly allowed the claim petition by granting compensation of ₹3,03,280/-. Further, the Tribunal held that the claimant also contributed 15% negligence towards the accident. Thus granted compensation of Rs.2,58,000/- Aggrieved by the said finding, so also the compensation awarded, the claimant is before this Court. - 4 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 3. Heard the learned counsel for the appellant and the learned counsel for the insurance company. 4. Apart from urging several contentions, the learned counsel for the appellant primarily contented that the Tribunal has grossly erred while fixing 15% negligence on the claimant ie., rider of the motorcycle, despite the claimant placing investigation documents i.e. Exs.P1, 2 and 5. According to him Ex.P5 the charge sheet has been filed against the driver of the offending car and he has been pleaded guilty before the jurisdictional Magistrate. In such circumstances, it is clear that the accident was occurred solely by his negligence. He also contended that on perusal of Ex.P2 - the spot mahazar with the sketch, it is clear that the accident was caused in the junction and the rider of the motor cycle has already crossed more than half of the road and thereafter, the car suddenly came from the opposite direction and dashed against the motorcycle, as a result, the accident has occurred. In such circumstances, the Tribunal ought not have fixed 15% - 5 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 negligence on the injured. He also contented that the Tribunal erred in granting the meager compensation on all the heads. Accordingly, prays to allow the appeal. 5. Per contra, the learned counsel for the insurance company, supporting the impugned award has contended that the Tribunal after meticulously examining the evidence on record, passed the reasoned award which does not call for any interference. He contends that Ex.P2 - the spot mahazar with sketch, depicts that the rider of the motorcycle, i.e., the injured equally contributed his negligence to the accident. Since the accident spot is a junction, it is the duty of the rider of the motorcycle to carefully see the surrounding vehicles. Hence, the rider of the motorcycle also contributed negligence to the accident. This aspect of the matter is rightly appreciated by the Tribunal. Further, he contends that the Tribunal has awarded just compensation under all the heads. As such, he prays to dismiss the appeal. - 6 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 6. I have given my anxious consideration both on the submissions and perused the entire evidence and materials available on the record. 7. As could be gathered from the records, the accident in question and coverage of the insurance policy to the offending vehicle are not in dispute. The only question raised by the learned counsel for the appellant that the Tribunal has erred in fixing 15% contributory negligence on the rider of the motor bike ie., the injured. I have carefully examined Ex.P1 - F.I.R along with complaint and Ex.P2 - the spot mahazar along with the sketch. 8. Admittedly, the complaint was lodged against the driver of the offending vehicle and F.I.R was also registered against him. On perusal of Ex.P2 - spot mahazar with the sketch, the same reveals that the accident was caused in a junction and the motor bike came from Tataguni towards Bengaluru and he had almost crossed the junction. At that time, the car came from - 7 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 South to North from Mysore-Bangalore road near Kanakapura main road and dashed against the motor bike. The sketch further reveals that the driver of the car suddenly drove the same on the left side in a rash and negligent manner, as such, the Tribunal has erred in fixing 15% negligence on the rider of the motor bike ie., the injured. Accordingly, that portion of the findings of the Tribunal is liable to be set aside. Asfar as the compensation awarded by the Tribunal is concerned, the accident is of the year 2018. The injured was 22 years of age at the time of accident. As per the evidence of PW2 - doctor, the injured sustained one fracture and the disability was assessed at 37% to a particular limb and 18.7% to the whole body. Considering the evidence of doctor and Exs.P4, 7, 9 to 11, I am of the view that 11% disability can be assessed. 9. The Tribunal has taken the income of the injured at ₹8,000/- per month since the injured has failed to produce any reliable or authenticated document to prove his - 8 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 income. The Tribunal ought to have taken the income as per the legal service chart i.e. at the rate of ₹12,500/- per month. The injured is aged about 22 years and appropriate multiplier would be '18'. Thus, the injured is entitled for compensation of ₹2,97,000/- under the head of future loss of income (ie., ₹12500 x 12 x 18 x 11%). 10. The Tribunal has awarded a sum of ₹ 30,000/- under the head pain and suffering. Considering the nature of the injuries, the same has to be enhanced by another ₹20,000 i.e. ₹50,000/- in total. 11. The Tribunal has awarded ₹8,000/- under the head food and nourishment which does not call for interference. 12. The injured was admitted in the hospital for 8 days. The Tribunal has awarded ₹24,000/- under the head of loss of income during the laid up period. Since the income of the deceased is taken at ₹12,500/-, the same needs to be enhanced as ₹37,500/-. - 9 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 13. The Tribunal has awarded ₹25,000/- under the head of loss of amenities. COnsidering the long lasting effect of injuries, the same has to be enhanced by another ₹15,000/-, ie., ₹40,000/-. 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 30,000 50,000 2. Food and Nourishment, conveyance and attendant charges 8,000 8,000 3. Medical expenses 16,200 16,200 4. Loss of income during the period of treatment 24,000 37,500 5. Loss of future earning 1,90,080 2,97,000 6. Loss of amenities 25,000 40,000 - 10 - HC-KAR NC: 2026:KHC:34404 MFA No. 4015 of 2021 7. Future medical expenses 10,000 10,000 Total 3,03,280 4,58,700 15. Thus, the claimant is entitled to the total compensation of Rs,4,58,000/- as against Rs.2,58,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Insurance Company 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 GH List No.: 1 Sl No.: 21