- 1 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2067 OF 2026 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 9326 OF 2025 (MV-D) IN MFA No. 2067/2026 BETWEEN: 1. SMT. SUREKHA WIFE OF LATE GALEPPA P AGED ABOUT 31 YEARS. 2. MASTER PATIL VEERESHGOWDA SON OF LATE GALEPPA P AGED ABOUT 10 YEARS SINCE THE APPELLANT No.2 IS MINOR AND REPRESENTED BY HIS MOTHER / NATURAL GUARDIAN SMT. SUREKHA. 3. SRI P RUDRA GOWDA SON OF BASAVANAGOWDA AGED ABOUT 66 YEARS. 4. SMT. P.NEELAMMA WIFE OF P.RUDRA GOWDA AGED ABOUT 64 YEARS. APPELLANTS ARE RESIDING AT HOUSE No.34, MAIN ROAD Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 KAMMARACHEDU POST BELLARY DISTRICT -583 102. …APPELLANTS (BY SRI SURESHA M G, ADVOCATE) AND: 1. M G MUTHAR PASHA SON OF MOHAMMED FAKRUDDIN MAJOR IN AGE RESIDENT OF 4TH MAIN 11TH CROSS, SADASHIVANAGAR TUMKURU-572 101 (RC OWNER OF TRAILER LORRY BEARING NO.KA-01-A-8304) 2. ROYAL SUNDARAM GEN INS COMPANY LTD., No.30, 3RD FLOOR, JNR CITY CENTER RAJARAM MOHAN ROY ROAD SAMPANGIRAMA NAGAR BENGALURU - 560 027. POLICY No.VGT0305623000100 VALID FROM 22.06.2023 TO 21.06.2024. BY ITS MANAGER. …RESPONDENTS (BY SRI RAVISHANKAR S SAMPRATHI, ADVOCATE FOR R2 V/O DTD. 09.06.2026, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.10.2025 PASSED IN MVC No.1039/2024 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 IN MFA No. 9326/2025: BETWEEN: ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., No.30, 3RD FLOOR, JNR CITY CENTRE RAJARAM MOHAN ROY ROAD SAMPANGIRAMA NAGAR BENGALURU-560 027. REPRESENTED BY IS MANAGER. ...APPELLANT (BY SRI RAVI SHANKAR S SAMPRATHI, ADVOCATE) AND: 1. SMT. SUREKHA WIFE OF LATE GALEPPA P AGED ABOUT 32 YEARS. 2. MASTER PATIL VEERESHGOWDA SON OF LATE GALEPPA P AGED ABOUT 09 YEARS. 3. SRI P RUDRA GOWDA SON OF BASAVANAGOWDA AGED ABOUT 65 YEARS 4. SMT. P.NEELAMMA WIFE OF P.RUDRA GOWDA AGED ABOUT 65 YEARS ALL ARE RESIDING AT HOUSE No.34, MAIN ROAD KAMMARACHEDU (PO) BELLARY DISTRICT -583 102. SINCE APPELANT No. 2 IS MINOR REP. BY HIS MOTHER AND NATURAL GUARDIAN SUREKHA (R-1). 5. SRI M F MUTHAR PASHA - 4 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 S/O MOHAMMED FAKRUDDIN MAJOR IN AGE 4TH MAIN, 11TH CROSS SADASHIVA NAGAR TUMKUR – 572 101. ...RESPONDENTS (BY SRI SURESHA M G, ADVOCATE FOR R1-R4 R2, MINOR REP. BY R1(MOTHER) V/O DTD. 23.02.2026 NOTICE TO R5 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.10.2025 PASSED IN MVC No.1039/2024 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF Rs.29,05,830/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.2067/2026 is filed by the claimants challenging the contributory negligence on the part of the deceased and also seeking enhancement of compensation awarded in judgment and award dated 08.10.2025 passed in MVC No.1039/2024 by the XXI Additional Small Cause Judge and Member, MACT, Bengaluru (SCCH-23). - 5 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 2. MFA No.9326/2025 is filed by the insurer challenging the extent of negligence imposed on the insured vehicle i.e. 90%. 3. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for claimants and learned counsel for insurer. 4. The appellants/claimants made a claim petition praying to award compensation for the death of Galeppa in a road traffic accident occurred on 30.12.2023 contending that the accident occurred due to negligence on the part of the driver of lorry bearing Regn.No.KA-01-A-8034 which was parked in the middle of the road without showing any signal/indication. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards loss of dependency 30,24,000/- 02. Towards loss of consortium to petitioner No.1 48,400/- - 6 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 03. Towards loss to estate 18,150/- 04. Towards transportation of dead body funeral and obsequies ceremony expenses 18,150/- 05. Towards loss of filial consortium to petitioner No.2 to 4. 1,20,000/- Total 32,28,700/- 5. The Tribunal has held that the deceased has also contributed to the extent of 10% and deducted 10% in the total compensation and awarded Rs.29,05,830/- with interest @ 6% p.a. from the date of petition till realization and directed the respondent No.2/insurer to deposit the award amount with interest. 6. Heard learned counsel for the claimants and learned counsel for insurer. 7. Learned counsel for claimants would contend that the road on which the lorry was parked is a two way road and the width of the road is 20 feet and lorry was parked in the middle of the road without an indication i.e. without putting any cautionary board and due to the sole negligence on the part of the driver of the lorry the said accident occurred. He - 7 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 further submits that the consortium awarded to claimant Nos.2 to 4 is Rs.40,000/- each and the Tribunal has not taken into consideration 20% escalation. With this he prayed to allow the appeal. 8. Learned counsel for the insurer would contend that the accident occurred in the day light at 11 a.m. The deceased ought to have seen the parked lorry on the road and there was space for him to pass through on the right side of the lorry. The charge sheet is also filed against the deceased for rash and negligent driving. Considering the said aspect the extent of contributory negligence on the part of the deceased taken by the Tribunal at 10% is on lower side. The contributory negligence on the part of the deceased is on lower side. With this he prayed to allow the appeal. 9. Having heard the learned counsels, the Court has perused the judgment, award and trial Court records. The following points arise for consideration: - 8 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 (i) Whether the Tribunal is justified in holding that the deceased has contributed to the accident to the extent of 10% and the driver of lorry to the extent of 90%? (ii) Whether there are any grounds for enhancement of compensation? Re-Point No.1 10. The accident occurred on 30.12.2023 at 11.00 a.m. The accident occurred in the day time. The insured lorry bearing Regn.No.KA-01-A-8304 was parked on the road. On perusal of Ex.P4 – spot sketch of the accident, the total width of the road is 20 feet and it is a two way road and the lorry was parked at a distance of 6 feet from left side of the road. The charge sheet has also been filed against the deceased for rash and negligent driving. There is contributory negligence on the part of the deceased in the accident. The Tribunal has rightly assessed the contributory negligence on the part of the deceased at 10% and considering the negligence on the - 9 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 part of the lorry at 90%. Accordingly, point No.1 is answered. Re-Point No.2 11. The claimants are wife, son and parents of deceased. The Tribunal has awarded consortium in a sum of Rs.48,400/- to claimant No.1 wife of the deceased and awarded Rs.40,000/- each to claimant Nos.2 to 4. The Tribunal has not taken into consideration the escalation at 20% in loss of consortium awarded to claimant Nos.2 to 4. Therefore, the claimant Nos.2 to 4 are also entitled to consortium in a sum of Rs.48,400/- each i.e. Rs.1,45,200/- as against Rs.1,20,000/- awarded by the Tribunal. Therefore, the claimants are entitled to enhanced compensation of Rs.25,200/- with interest @ 6% p.a. from the date of petition till realization. Since there is 10% contributory negligence of deceased, the claimants are entitled to enhanced compensation of Rs.22,680/- with - 10 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 interest @ 6% p.a. from the date of petition till realization. Point No.2 is answered accordingly. 12. In view of the above, the following: ORDER i) MFA No.9326/2025 filed by the insurer is dismissed. ii) The appeal filed by the appellants/claimants in MFA No.2067/2026 is allowed in part. iii) The appellants/claimants are entitled to enhanced compensation of Rs.22,680/- with interest @ 6% p.a. from the date of petition till realization. iv) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. - 11 - HC-KAR CNR: KAHC010197892026 NC: 2026:KHC:41889 MFA No. 2067 of 2026 C/W MFA No. 9326 of 2025 v) Claimant Nos.2 to 4 are entitled to equal share in the said enhanced compensation with interest. vi) The share of compensation of claimant No.2/minor shall be kept in fixed deposit in his name till he attains majority. vii) The amount in deposit is ordered to be transferred to the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 22 Ct.sm