- 1 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4540 OF 2013 (MV-I) BETWEEN: SRI. B.N. CHANDRAPPA S/O NARAYANASWAMY AGED ABOUT 26 YEARS, R/AT. BOMMAVARA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SMT. R SHAMA, ADVOCATE) AND: 1. ICICI LOMBARD GENERAL INSURANCE CO. LTD., REGIONAL OFFICE AT PRESTIGE CRONICLE NO.62/1, 2ND FLOOR, RICHMOND ROAD, BANGALORE - 560 025. 2. SRI AMBRISH, S/O. ANJINAPPA, AGED ABOUT 35 YEARS, R/AT. BENDIGANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 BANGALORE RURAL DISTRICT - 562 110. 3. SRI. CHANNAKRISHNA, S/O. LATE KRISHNAPPA, AGED ABOUT 30 YEARS, R/AT. AVATHI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R1; R2 AND R3 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2013 PASSED IN MVC NO.8605/2010 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 29.01.2013 passed in MVC No.8605/2010 on the file of the Chief Judge, Court of Small - 3 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 Causes, Member Principal MACT, Bangalore, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the both sides. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 01.12.2010 and filed petition before the Tribunal for compensation of Rs.12,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,08,422/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. 4. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/claimant sustained fracture injuries which are grievous in nature. The Tribunal fixed 25% contributory negligence on the petitioner/claimant. The amounts granted by the Tribunal under the other heads are meagre. The petitioner/claimant was working as an agriculturist, doing sericulture and also milk vending business and earning Rs.20,000/- per month. But the - 4 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 Tribunal erred in taking the monthly income of the petitioner as Rs.5,000/-. The interest is to be granted at the rate of 12%. Therefore, requested for enhancement of the compensation. 5. The manner of the accident shows that on 01.12.2010, the petitioner was coming from Doddaballapura in a bus and after getting down from the bus at Bommavara Gate, he was standing on the extreme left side of the Bommavara gate to cross the road. At that time, a Hero Honda Splendor motorcycle bearing Reg No.KA-43-J-9446 came in a rash and negligent manner to the extreme left side of the road and dashed against the petitioner. As a result, he sustained grievous injuries. The Tribunal observed that as per the contents of the complaint, the petitioner was crossing the road at that time the motorcycle came and dashed against him. Accordingly, the accident occurred due to the negligence of rider of the motorcycle as well as the negligence of petitioner. Therefore, the Tribunal fixed the contributory negligence on the part of petitioner at 25% and the rider of the motorcycle at 75%. The petitioner has not examined any eyewitness and the respondents also have not adduced any documentary evidence. - 5 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 In spite of service of notice, respondent No.2-owner of the vehicle remained absent before the Tribunal and set ex parte. The insurance company filed statement of objections and stated that the accident occurred only due to the negligence of the petitioner himself as he was crossing the road without observing the vehicle coming on the road. It is further stated that the rider of the motorcycle had no valid and effective driving license as on the date of accident and thus the owner of the vehicle committed breach of conditions of the insurance policy. It is the duty of the insurance company to plead contributory negligence. But no such plea was raised at the earliest point of time in its written statement/counter. But the Tribunal, without any evidence considering the contents of the complaint, stated that while the petitioner was crossing the road, he met with an accident. As such, there is contributory negligence at the rate of 25% on his part. There is no evidence to show that he was crossing the road in a drunken condition or negligently without observing the vehicles of both sides. Therefore, the Tribunal erred in appreciating the facts properly - 6 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 and attributed 25% contributory negligence on the petitioner and the said finding is to be set aside. 6. Learned counsel for the appellant stated that the petitioner was working as an agriculturist, sericulture and also milk vending business and he filed passbook issued by Milk Co- operative Society under Ex.P.10, Ex.P.12 is the Silk Worm Rear's Passbook and Ex.P.9 is the 3/RTC extracts. But the petitioner has not examined the relevant persons to prove the said documents. He met with an accident in the year 2010. Therefore, this Court finds that it is just reasonable to take his notional income of Rs.5,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 26 years and the relevant multiplier is '17'. He filed Ex.P.6-wound certificate, Ex.P.17-prescriptions, Ex.P.21-disability assessment proforma and Exs.P.19 and P.20- case sheets. As per Ex.P.6-wound certificate, the petitioner sustained the following injuries. "1. Displaced fracture of shaft of right tibia, 2. Segmental fracture of shaft of right fibula, 3. Puncture wound and contusion-abrasion over right leg." - 7 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 As per the discharge summary, the petitioner underwent the following surgical procedure: "1. Debridement of the open wounds over right leg. 2. Retrograde nailing of the fractures of shaft of right fibula. 3. Nailing and interlocking of the fracture of right tibia." It is also seen from the discharge summary that the petitioner was admitted to the hospital on 01.12.2010 i.e., from the date of accident and discharged on 4.12.2010 with an advice to walk with support of walker without bearing weight on the right leg. The petitioner examined the doctor as PW.2, who is an orthopedic surgeon and he stated that the petitioner has sustained displaced type I open fracture of shaft of right tibia, segmental fracture of shaft of right fibula and puncture wound with right leg for which he was admitted and surgeries conducted. The petitioner has got swelling of right knee, difficulty in walking for more than 20 minutes or standing for more than 30 minutes, he is not able to squat and he has got - 8 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 difficulty in climbing up and climbing down stairs. Dorsiflexion, inversion and eversion of right ankle are restricted in the terminal 5 degrees and assessed the disability at 5% to the whole body. Therefore, the loss of future earning capacity comes to Rs.56,100/- (5,500x12x17x5%). Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, the Tribunal has already granted Rs.50,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.53,563/- towards medical expenses and the said amounts are confirmed. The petitioner is also entitled for Rs.40,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of four months, due to injuries sustained in the accident. Therefore, a sum of Rs.22,000/-(5,500x4) is to be granted under the head loss of income during the laid up period. 7. Thus in all, compensation awarded by this Court is as below: - 9 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,41,663/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 29.01.2013 passed in MVC No.8605/2010 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards medical expenses 53,563/- 3. Towards loss of amenities 20,000/- 4. Towards transportation, extra nourishment and attendant charges 40,000/- 5. Towards loss of income during laid up period 22,000/- 6. Towards loss of future earning capacity 56,100/- Total 2,41,663/- - 10 - HC-KAR CNR: KAHC010230462013 NC: 2026:KHC:40278 MFA No. 4540 of 2013 Chief Judge, Court of Small Causes, Member Principal MACT, Bangalore, is modified. iii. The claimant is entitled to a sum of Rs.2,41,663/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,08,422/- granted by the tribunal. iv. The contributory negligence on the part of the petitioner is set aside, insurance company is directed to deposit balance amount along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 20