- 1 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5415 OF 2024 (MV-D) BETWEEN: 1. SRI GANGALAPPA @ GANGULAPPA S/O LATE RAMAIAH, AGED ABOUT 47 YEARS, 2. SMT. K. LAKSHMIDEVI, W/O GANGALAPPA, AGED ABOUT 44 YEARS, BOTH ARE R/A BHAGATH SINGH COLONY, PUNGANUR TOWN, CHITTOOR DISTRICT, ANDRA PRADESH. …APPELLANTS (BY SRI. KAILAS SHANKAR P S., ADVOCATE) AND: 1. SRI MURALI S/O A. RAJAGOPAL, MAJOR R/OF D.NO. 4-4-880/A NEHRU NAGAR, TIRUPATHI, CHITTOOR DISTRICT, ANDHRA PRADESH – 517 501. 2. THE MANAGER, THE UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, NO.18, KRISHI BHAVAN, 5TH FLOOR, OPP. HUDSON CIRCLE, NRUPATHUNGA ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 BANGALORE – 560 001. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND., ADVOCATE FOR R2, V/O DTD 11.02.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2024 PASSED IN MVC NO. 3113/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 17.03.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed by the appellants-parents under Section 173(1) of Motor Vehicles Act, 1988, to set aside the judgment and award dated 31.01.2024 passed in MVC No.3113/2022 on the file of the Chief Judge, Court Of Small Causes, Member Prl.Motor Accident Claims Tribunal At Bengaluru. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.2. The ranks - 3 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 of the parties are retained as per tribunal for the sake of convenience. 3. G.K.Narayanaswamy met with an accident on 28.01.2022 and succumbed to the injuries on 06.02.2022. His parents filed a claim petition seeking compensation of Rs.40,00,000/-. The Tribunal upon considering entire evidence on record, awarded compensation of Rs.23,37,800/-. However fixed contributory negligence on deceased G.K.Narayanaswamy to the extent of 25% and to the driver of the car to the extent of 75%. Accordingly, respondent Nos.1 and 2, were directed to deposit 75% of the awarded compensation along with interest at the rate of 6% p.a., within one month from the date of the order. 4. Aggrieved by the said order, the appellants preferred an appeal and mainly contended that G.K.Narayanaswamy was a Mason (Mestri) and earning Rs.25,000/- per month. However, the Tribunal erred in assessing his income as Rs.14,000/- per month. It is further contended that 50% ought to have been added towards his future prospects. Further contended that the Tribunal erred in holding that G.K.Narayanaswamy also - 4 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 contributed to the accident and in fixing his contributory negligence at 25%. 5. The insurer failed to examine the Investigating Officer and driver of the car with regard to the negligence. As such, the findings of the Tribunal are contrary to the material on record and the evidence, a charge sheet is also filed against the driver of the car. However, the Tribunal held that there was collusion between the car and motorcycle proceeding in the direction of the main road, but this finding is incorrect. It is further contended that the interest awarded at the rate of 6% p.a., is on lower side. Accordingly, requested for modification of the order. 6. The manner of accident shows that while G.K.Narayanaswamy was riding his Bajaj Pulsar motorcycle bearing Reg. No.AP-03-HV-3909 on Madanapalle-Palamaner main road and when he reached near Cherlopalle road cross, Punganur Mandal, Chittoor District, Andhra Pradesh, at that time the driver of Car bearing registration No.AP-03-S-7184 came from Madanapalle side with high speed in a rash and negligent manner and dashed against the motorcycle of the - 5 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 deceased. As a result, he fell down and sustained grievous injuries and shifted to the hospital and died subsequently. Respondent No.1/owner of the vehicle has not chosen to appear before the court and he remained ex-parte. Respondent No.2 in their counter, admitted the accident but disputed the negligence of car driver and stated that G.K.Narayanaswamy was riding a motorcycle with high speed in a rash and negligent manner without wearing the helmet and without possessing driving license and he himself dashed the car. 7. Further, the Petitioner's examined PW2 and eyewitness who supported the version of claimants. Ex.P12 is the spot sketch. PW2 stated that G.K.Narayanaswamy was moving towards main road from Bhagath Singh Colony, whereas the car came on the main road and the Ex.P12 is the sketch, while entering into the National Highway, G.K.Narayanaswamy gave hand signal and also he put indicators to the vehicle. PW2 gave hand signal and also he stopped the motorcycle after seeing the car by putting an indicator, but when he proceeded further, a car came and hit the motorcycle. He has seen the car moving on the road at a distance of 20 feet. The Tribunal observed that since - 6 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 G.K.Narayanaswamy had already noticed the approaching car, he ought to have waited for some time and allowed the car to pass before attempting to cross the road. As such, the Tribunal fixed contributory negligence at 25% on the deceased. Ex.P3 is the certified copy of the IMV report, discloses that the car had sustained major damages, including damage to the radiator, windshield, and right headlight, breakage of glass, and dents on the bonnet. 8. The Insurance Company has not examined the driver of the car. In fact, they have not taken the plea of contributory negligence in their written statement at the earliest point of time. It is for the Insurance Company to plead and prove the contributory negligence, but they failed to do so. PW2 has categorically stated that there is no negligence on the part of G.K.Narayanaswamy has given indicators, as well as hand signals while entering the road. On perusal of the sketch, it is evident that his car was proceeding on the main road and the accident did not occur at the junction point. The investigating officer was not examined by the Insurance Company. Admittedly charge sheet is also filed against the driver of the car. It was observed that G.K.Narayanaswamy was wearing - 7 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 helmet at the time of the accident. Therefore, observation of the tribunal that there was negligence of 25% on the deceased cannot be accepted and is set aside. 9. It was further stated that G.K.Narayanaswamy was working as a mason and earning Rs.25,000/- per month, but 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/-. He was aged 22 years as per Ex.P7 and the relevant multiplier is ‘18’. The Tribunal rightly considered his future prospect plus 40% as he was a private employee and also deducted 50% towards personal expenses as he was unmarried. The loss of dependency comes to Rs.15,500 + 40% x 12 x 18 - 50% = Rs.23,43,600/-. 10. As per Ex.P10 the petitioner incurred Rs.80,000/- towards medical expenses and the tribunal had granted Rs.1,00,000/- but the petitioner is entitled for Rs.80,000/-. The claimants are entitled for an amount of Rs.44,000/- each, towards filial consortium and they are also entitled for Rs.33,000/- under the conventional head. - 8 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 11. Furthermore, the Tribunal had directed the Insurance Company to deposit only 75% of the compensation i.e. Rs.17,53,350/-. This court held that there is no contributory negligence of the G.K.Narayanaswamy. As such, Insurance Company has to deposit 100% compensation amount and they are directed to deposit the balance compensation. If at all they have deposited their share of compensation before the tribunal, they are directed to deposit the balance compensation with interest at the rate of 6% within one month from the date of this order. 12. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 23,43,600 2 Towards loss of consortium 88,000 3 Conventional heads 33,000 4 Medical expenses 80,000 Total 25,44,600 - 9 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.23,37,800/- to Rs.25,44,600/- along with interest at the rate of 6% p.a. 13. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 31.01.2024 passed in MVC No.3113/2022 on the file of the Chief Judge, Court Of Small Causes, Member Prl.Motor Accident Claims Tribunal At Bengaluru. iii. The claimants are entitled to a sum of Rs.25,44,600/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.23,37,800/- granted by the tribunal. iv. Insurance Company is directed to deposit the entire compensation amount i.e., Rs.25,44,600/-. If at all they have deposited - 10 - HC-KAR NC: 2026:KHC:20298 MFA No. 5415 of 2024 their share of compensation before the tribunal, they are directed to deposit the balance compensation along with interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimants are permitted to withdraw the entire amount along with interest accrued on the same, equally. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 2