- 1 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3630 OF 2023 (MV-D) BETWEEN: 1. SMT. VENKATALAKSHMAMMA W/O LATE KALASHAPPA @ KENCHAPPA AGED ABOUT 47 YEARS. 2. SRI. PRAJWAL K S/O LATE KALASHAPPA @ KENCHAPPA AGED ABOUT 20 YEARS. 3. PRAVALIKA K D/O LATE KALASHAPPA @ KENCHAPPA AGED ABOUT 18 YEARS, (SINCE APPELLANT NO.3 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN, PET. NO.1 SMT.VENKATALAKSHMAMMA (18 YEARS NOT YET COMPLETED) THE APPELLANTS ARE R/AT 7TH WARD, NIMMAKALAKUNTE, CHIKKABALLAPUR- 562101 …APPELLANTS (BY SRI. NAIK KRISHNA VENKATRAMAN.,ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 AND: 1. SMT.U.K SUCHITRA SHARAVANABHAVA 6TH WARD, MUNICIPAL LAYOUT, M.G.ROAD. CHIKKABALLAPURA- 562101 2. THE MANAGER, CHOLAMANDALAM MS GEN. INS. CO. LTD., UNIT-IV, 9TH FLOOR, (LEVEL-06), GOLDEN HEIGHTS COMPLEX, 59TH C CROSS INDUSTRIAL SUBURB, RAJAJINAGAR 4TH M BLOCK, BENGALURU- 560010. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2, V/O DTD 30.07.2026 NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2022 PASSED IN MVC NO. 1774/2021 ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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: - 3 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant against the judgment and award dated 21.10.2022 passed in MVC No.1774/2021 by the learned XXIII Additional Small Court Judge, Bengaluru (SCCH-25). 2. Even though the appeal is listed today for orders/admission, it is taken up for disposal with the consent of learned counsel for appellants/claimants and learned counsel for respondent No.2/Insurer. 3. The appellants/claimants made a claim petition praying to award compensation for the death of Kalashappa @ Kenchappa (husband of claimant No.1 and father of claimants No.2 and 3) in a road traffic accident occurred on 24.01.2021 contending that the accident occurred due to the rash and negligent driving of the rider of motorcycle/Royal Enfield bearing Regn. No.KA-40-EF- 2093. - 4 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 4. The Tribunal after recording the evidence of the parties, appreciating the evidence on record, assessed the compensation, and awarded the compensation under various heads as under: a L Rs.14,52,000.00 b Funeral expenses and transportation Rs. 20,000.00 c Loss of consortium Rs. 1,20,000.00 d Loss of estate Rs. 20,000.00 Total Rs.16,12,000.00 5. The Tribunal has held that the deceased had also contributed negligence to the extent of 20% and awarded Rs.12,89,600/- after deducting 20% of the total compensation of Rs.16,12,000/- along with interest at the rate of 6% p.a. from the date of petition till realization and directed the respondent No.2/Insurer to deposit the compensation amount with interest. The claimants challenging the said contributory negligence and also sought enhancement of compensation in the present appeal. - 5 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 6. Heard the learned counsel for appellants/claimants and the respondent No.2/Insurer. 7. The learned counsel for appellants/claimants would contend that the deceased was crossing the road and at that time, the rider of the motorcycle came in high-speed in rash and negligent manner and dashed to the deceased while crossing the road, as a result, he died. The charge sheet has been filed against the rider of the motorcycle. The sketch/Ex.P5 and mahazar/Ex.P4 do not indicate any tyre mark/brake mark on the road. Considering these aspects, the Tribunal has erred in holding that the deceased had contributed the accident to the extent of 20%. The accident occurred due to the sole negligent on the part of the rider of bike. He further submits that the date of birth of the deceased as per Ex.P15/Adhar Card is 1.1.1973, and as on the date of accident, he was aged 48 years 23 years and the Tribunal has erred in taking the age of the deceased as 52 years based on oral evidence of PW1, the police records, - 6 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 postmortem report and FIR. The age of the deceased is to be taken as per Adhar card i.e. 48 years. Since the deceased is aged 48 years, the multiplier applicable is `13', and the future prospects are to be taken at 25%. The Tribunal even though awarded compensation on conventional heads, but has not taken 10% escalation as per the decision of the Hon'ble Apex Court in the case of National Insurance Co. Ltd. -vs- Pranaya Sethi & Ors. (2017 ACJ 2700). With this, he prayed to allow the appeal. 8. The learned counsel for respondent No.2/Insurer would contend that the accident occurred on national highway where the pedestrians have to cross the road in a cautious manner by observing the passing of any vehicles. The deceased suddenly entered the road and due to his negligence, the accident occurred. Considering the same, the Tribunal has rightly held that the deceased has contributed 20% to the accident. The Tribunal has rightly - 7 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 taken the age of deceased at 52 years based on postmortem report, FIR and the oral evidence of PW1/wife of the deceased. With this, he prayed to dismiss the appeal. 9. Having heard the learned counsel, the Court has perused the judgment and award and the certified copies of the exhibits furnished by the learned counsel for appellants. 10. The accident occurred on 24.01.2021 at about 11.15 a.m. Ex.P5 is a sketch of the spot of the accident. Ex.P4 is the mahazar of the spot of the accident. The road on which the accident took place is a national highway from Chikkaballapur to Gowribidanur. The deceased was crossing the road and at that time, the accident occurred. On perusal of Ex.P5, there is a crossroad at the place of the accident. The rider of the motorcycle was coming from Chikkaballapur towards Gowribidanur. The rider of the - 8 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 motorcycle crossed the crossroad leading to Kalavara and thereafter dashed against the deceased. 11. On perusal of Ex.P4/Mahazar and Ex.P5/sketch, there are no any brake/tyre marks on the spot. If the deceased has suddenly entered the road, then the rider ought to have applied brake and then there would have been tyre marks on the road. As there are no tyre marks, no negligence can be attributed to the deceased. In Ex.P12/chargesheet, it is mentioned that the rider of the motorcycle drove it in high speed and in a rash and negligent manner and dashed to the deceased while he was crossing the road and after the accident, he did not stop the vehicle and he ran away. Considering all these aspects, there is no negligence on the part of the deceased. Therefore the finding of the Tribunal that the deceased has contributed 20% to the accident is erroneous and it is set aside. - 9 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 12. The Tribunal has taken the age of the deceased as 52 years as per the postmortem report, first information report filed by the son-in-law of the deceased, and oral evidence of PW1. The claimants have produced Aadhar card of the deceased at Ex.P15, wherein the date of birth of the deceased has been mentioned as 01.01.1973. The accident occurred on 24.01.2021 and as on the date of accident the deceased was aged 48 years 23 days old. The Tribunal, even though referred to the said Adhar Card, has failed to take into consideration the age based on the said Adhar card, but erred in taking the age as 52 years based on the police records. Therefore, the age of the deceased has to be taken as 48 years. The multiplier applicable for the said age group is `13'. Since the age is taken as 48 years, the future prospects are to be taken as 25% as against 10% taken by the Tribunal. The Tribunal has rightly taken the notional income at Rs.15,000/-. - 10 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 13. In view of above, the loss of dependency is calculated as under: Rs.15,000/- + 3,750/- (25%) = Rs.18,750/- - 1/3rd = 12,500/- x 12 x 13 = Rs.19,50,000/-. 14. The Tribunal awarded consortium in a sum of Rs.1,20,000/-, loss of estate of Rs.15,000/- and funeral expenses of Rs.15,000/-. The Tribunal has not taken consideration of the escalation at 10% on conventional heads as per the decision of Pranay Sethi (supra). Therefore, the escalation at 10% on conventional heads is to be taken into consideration. Therefore, the claimants are entitled to loss of consortium in a sum of Rs.44,000/- x 3 = Rs.1,32,000/-, loss of estate in a sum of Rs.15,000/= + Rs.1,500/- = Rs.16,500/- and funeral expenses in a sum of Rs.15,000/- + Rs.1,500/- = Rs.16,500/-. 15. In view of the above, the claimants are entitled to total compensation as under: - 11 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 Loss of dependency Rs.19,50,000.00 Loss of consortium Rs. 1,32,000.00 Loss of estate Rs. 16,500.00 Funeral expenses Rs. 16,500.00 Total Rs.21,15,000.00 16. The claimants are entitled to total compensation of Rs.21,15,000/- as against Rs.12,89,600/- as awarded by the Tribunal with interest. Consequently, the claimants are entitled to enhanced compensation of Rs.8,25,400/- with interest at the rate of 6% p.a. from the date of petition till realization. The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellants/claimants are entitled to enhanced compensation of Rs.8,25,400/- with interest at the rate of 6% per annum from the date of petition till realization. - 12 - HC-KAR CNR: KAHC010266062023 NC: 2026:KHC:39785 MFA No. 3630 of 2023 iii) The respondent No.2/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) The claimants are entitled to release of the entire enhanced compensation in the ratio of 75:15:10. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2