- 1 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1311 OF 2021(MV-D) BETWEEN: 1. KAVERAMMA W/O LATE SHIVAPPA G D AGED ABOUT 65 YEARS 2. H S BHARATHI D/O LATE SHIVAPPA G D AGED ABOUT 32 YEARS 3. H S SRINIVAS S/O LATE SHIVAPPA G D AGED ABOUT 47 YEARS ALL ARE R/O CHIKKA AMBEDKAR NAGARA 22ND WARD KERALAPURA ROAD HOLENARSIPURA TALUK …APPELLANTS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. VIJYAKUMAR S/O JAVARE GOWDA KANCHINAKERE VILLAGE AND POST HOSAGARA, K R NAGARA TALUK MYSORE DISTRICT- 570 001 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 2. THE MANAGER HDFC IRGO GENERAL INSURANCE CO.LTD. REGIONAL OFFICE NO.110, H M GENIVA HOUSE KANNIGHAM ROAD BANGALORE-560 052 …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R2, R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 27.01.2020, PASSED IN MVC NO.1858/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLENARASIPURA, 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 appeal is filed seeking enhancement of compensation awarded by the Tribunal in MVC.No.1858/2018 vide judgment and award dated 27.01.2020 and also challenging the attribution of contributory negligence on the deceased at 50%. 2. It is not in dispute that as a result of the motor vehicle accident which occurred on 25.11.2017, Shivappa, a 72 year old died. - 3 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 3. It is not in dispute that the Insurer is liable to pay the compensation as the offending vehicle was insured. 4. The Tribunal, on assessment of evidence adduced before it, has come to the conclusion that the driver of the offending vehicle was responsible for the accident which has resulted in the death of Shivappa. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 2,70,000 2. Loss of love and affection to petitioners 15,000 3. Funeral expenses & Transportation charges 15,000 4. Loss of consortium to petitioner No.1 40,000 5. Medical expenses 2,74,920 Total 6,14,920 - 4 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 5. Learned counsel for the claimant would contend that the Tribunal has erred in attributing 50% negligence on the deceased, although the driver of the offending vehicle bearing registration No.KA09 C 5646 drove the said vehicle in a rash and negligent manner and dashed against the motorcycle of the deceased bearing registration No.KA13 EL 8128, as a result of which, deceased - Shivappa sustained grievous injuries and succumbed to the same. He would further contend that even though the charge sheet is laid against the driver of the offending vehicle, the Tribunal has erred in attributing negligence on the deceased. He would also contend that only on the presumption that the deceased had no driving license, the Tribunal ought not to have attributed 50% negligence on the deceased. He would also contend that the amounts awarded under all the head is meager and requires to be enhanced. As such, he prays for allowing of the appeal by enhancing the compensation and also by setting aside the findings with regard to attribution of 50% contributory negligence on the deceased. - 5 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 6. Per contra, learned counsel for the insurer would support the impugned judgment and award and would contend that the Tribunal has rightly attributed 50% negligence on the deceased since the claimants have failed to produce any valid driving license of the deceased and further have failed to produce documents to substantiate the income and age of the deceased. Accordingly, he prays for dismissal of the appeal. 7. I have given my anxious consideration for the submissions of learned counsel for both the parties and perused the material on record. 8. As could be gathered from records, the claimants have failed to produce the valid driving license of the deceased and have also failed to produce any cogent documents to substantiate the age and income of the deceased. It is seen as per Ex.P7 - spot mahazar and Ex.P8 - spot sketch that when the deceased, who was proceeding from Hassan - Mysuru Road, took a right turn to travel towards Hallimysuru road, the offending vehicle which was coming behind the motorcycle dashed against the motorcycle on the extreme left side of the Hallimysuru road. The driver of offending vehicle, which is a - 6 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 goods vehicle, ought to have been cautious while taking a turn and he is duty bound to maintain distance from the vehicle ahead. Since the accident has taken place immediately after taking turn and to the extreme left side of the road, it is clear that the driver of the offending vehicle is negligent and because of his negligence the accident had occurred. However, only because the claimants have failed to produce valid driving license, it would not be just and proper to attribute 50% contributory negligence on the deceased. As such, in my opinion, it would be just and appropriate to attribute 20% contributory negligence on the deceased. 9. As regards compensation, in order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/-. As there is no credible 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/-. 10. Although the deceased had a dependent wife, the Tribunal has deducted 50% towards personal and living - 7 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 expenses. Since the deceased had a dependent wife, 1/3rd requires to be deducted towards personal expenses. Accordingly, his monthly income would be Rs.7,334/-. The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.7,334/-. 11. The Tribunal has applied the multiplier of '5'. Consequently, the claimants would be entitled to a sum of Rs.4,40,040/- (Rs.7,334 x 12 x 5) towards “loss of dependency”. 12. The claimants, being the wife and children of deceased, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” i.e., in all Rs.1,45,200/- and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. 13. A sum of Rs.2,74,920/- awarded by the Tribunal, being based on documentary evidence, is affirmed. 14. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: - 8 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 4,40,040 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 4. Medical expenses, if any 2,74,920 Total 8,96,460 20% deducted towards contributory negligence 1,79,292 Total 7,71,168 15. Thus, the claimants would be entitled for compensation of Rs.7,71,168/- as against Rs.3,07,460/- awarded by the Tribunal, 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 a period of six weeks from the date of receipt of a certified copy of this judgment. - 9 - HC-KAR CNR: KAHC010299002020 NC: 2026:KHC:36851 MFA No. 1311 of 2021 17. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 35