- 1 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 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. 8668 OF 2023 (MV-I) BETWEEN: SRI. RAGHAVENDRA BHAT AGED 47 YEARS, S/O LATE A. VENAKATANARASIMHA BHAT, R/AT 496, 2ND MAIN ROAD, 1ST CROSS, BCCHS LAYOUT, NEAR HOLIDAY VILLAGE RESORT, VAJARAHALLI, BENGALURU - 560 062. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE, T.P. HUB, NO.9/2, MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE - 560 001, REP. BY ITS MANAGER. 2. SMT. SHASHIKALA VERMA MAJOR, W/O MUKESH KUMAR VERMA, R/AT NO.36/1, GF-1, MALIBU HOMES, HOMES-2, 6TH CROSS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 GREEN GARDEN LAYOUT, KUNDALAHALLI GATE, MARATHAHALLI, BANGALORE - 560 079. …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R1; VIDE ORDER DATED 06.02.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED IS UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.09.2023 PASSED IN MVC NO.1318/2021 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU CITY (SCCH-17), 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded and also challenging the contributory negligence in the Judgment and Award dated 12.09.2023 passed in MVC - 3 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 No.1318/2021 by XIX Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-17). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.1/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 13.10.2020 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-53-MB-2220. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: - 4 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 Sl. No. Particulars Amount 1. Loss of future income Rs. 2,94,060/- 2. Loss of income during the laid up period and one attendant charge Rs. 28,980/- 3. Conveyance charges Rs. 20,000/- 4. Pain and sufferings Rs. 80,000/- 5. Food nourishment and loss of amenities Rs. 80,000/- 6. Medical bills Rs. 2,41,132/- Total Rs. 7,44,172/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.1/insurer to pay the compensation awarded. The Tribunal has held that the claimant has contributed negligence to the accident and assessed to the extent of 20% and out of the total compensation of Rs.7,44,172/- after deducting 20% (i.e., Rs.1,48,834/-) awarded Rs.5,95,338/-. The claimant has filed the present appeal seeking enhancement of compensation and challenging the contributory negligence. 6. Heard the learned counsel for appellant and learned counsel for respondent No.1/insurer. - 5 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 7. Learned counsel for the appellant would contend that, the spot of the accident is at a junction and the appellant/claimant was crossing the road in that junction to reach the other side of the road. The said spot of the accident is meant for passing of the pedestrian even though there is no zebra crossing mark. Considering the said aspect, the Tribunal has erred in taking the contributory negligence on the part of the claimant at 20%. There is no negligence on the part of the claimant and the accident occurred due to sole negligence on the part of the driver of car. He further contended that, the claimant has sustained type II open fracture both bones (tibia + fibula) of right leg. Considering the same, he has to take rest atleast for three (03) months and therefore, the compensation awarded for loss of income during laid up period requires to be enhanced. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.1/insurer would contend that, taking note of the fact that the - 6 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 claimant was crossing the road where there is no zebra crossing, the Tribunal has rightly held that, he has contributed to the accident to the extent of 20%. The compensation awarded on all heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard the learned counsel for appellant and learned counsel for respondent No.1/insurer, the Court has perused the impugned Judgment, Award and Trial Court records. 10. Ex.P5 - Sketch of the spot of the accident. On seeing the said sketch, the accident occurred at the junction where four roads are connected to the said junction. The claimant was crossing the said road from one end to the other end of the road near the said junction. The driver of the car came on extreme right side of the road and dashed against the claimant who was a pedestrian. Even though there is no zebra crossing at the - 7 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 spot of the incident, considering the situation of the junction, the said spot is meant for crossing of the road by the pedestrian. Considering the said fact, the contributory negligence assessed by the Tribunal at 20% on the claimant is not proper. The accident occurred due to sole negligence on the part of the driver of the car. Therefore, the said finding of the Tribunal that the claimant has contributed 20% to the accident is not proper and it is set aside. 11. The claimant is seeking enhancement only under head i.e., loss of income during laid up period. The Tribunal has awarded Rs.28,980/- for loss of income during laid up period. 12. The income of the claimant is taken at Rs.14,500/-. Considering the injuries sustained by the claimant i.e., type II open fracture both bones (tibia + fibula) of right leg, he has to take rest alteast for three (03) months and therefore, the claimant is entitled to loss - 8 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 of income during laid up period for (03) months in a sum of Rs.43,500/- (Rs.14,500/- X 3) as against Rs.28,980/- awarded by the Tribunal. The compensation awarded on all other heads is just and proper. 13. Considering all the above aspects, the claimant is entitled to total compensation awarded by the Tribunal in a sum of Rs.7,44,172/- with interest and enhanced compensation of Rs.14,520/- (Rs.43,500/- - Rs.28,980/-) with interest at the rate of 6% per annum from the date of petition till realisation. 14. Respondent No.1/insurer is liable to pay the said total compensation as awarded by the Tribunal i.e., Rs.7,44,172/- along with the enhanced compensation with interest. 15. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. - 9 - HC-KAR CNR: KAHC010685702023 NC: 2026:KHC:41798 MFA No. 8668 of 2023 ii) The appellant/claimant is entitled to total compensation as awarded by the Tribunal in a sum of Rs.7,44,172/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) The appellant/claimant is also entitled to enhanced compensation Rs.14,520/- with interest at the rate of 6% per annum from the date of petition till realisation. iv) Respondent No.1/insurer shall deposit the said total compensation awarded by the Tribunal i.e., Rs.7,44,172/- along with the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. v) The appellant/claimant is entitled to release of entire total compensation awarded by the Tribunal i.e., Rs.7,44,172/- and enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 15