- 1 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6288 OF 2023(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.5844 OF 2023(MV-I) MISCELLANEOUS FIRST APPEAL NO.5845 OF 2023(MV-D) MISCELLANEOUS FIRST APPEAL NO.6283 OF 2023(MV-I) IN MFA No. 6288/2023 BETWEEN: 1. SAVITHA, W/O JAYARAM K.V, D/O MADHU VENKTAPPA, AGED ABOUT 45 YEARS, R/AT NO 2240, WARD NO 9, T.G. TANK ROAD, CHIKKBALLAPURA, KARNATAKA - 562 101. 2. JAYARAM K.V., S/O LATE KRISHNAYYA K.V., AGED ABOUT 53 YEARS, 3. BHARATH BHUSHAN J., S/O JAYARAM K V AGED ABOUT 23 YEARS, ALL ARE R/AT NO 2240, WARD NO 9, T.G. TANK ROAD, CHIKKBALLAPURA, KARNATAKA - 562 101. …APPELLANTS (BY SRI. K.V. NAIK, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER AND: 1. M. MARAIAH, S/O CHANDRAIAH, MAJOR IN AGE, R/AT NO 7-65/B, MAAVATHURU, V KOTA MANDAL, JOWNIPALLE, VENKATAGIRI KOTA, CHITTOR, ANDRA PRADESH - 517 424. (RC OWNER OF EICHER REG NO. AP-03-TE-4920) 2. THE MANAGER, CHOLAMANDALAM MS GENERAL INS CO LTD, OFFICE AT UNIT NO 4, 9TH FLOOR, LEVEL 6, GOLDEN HEIGHT COMPLEX, 59TH 'C' CROSS, RAJAJINAGAR, BENGALURU - 560 010. (POLICY NO. 3379/01769218/000/03 FROM 26.08.2020 TO 25.08.2021) …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 06.10.2023 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:24.02.2023 PASSED IN MVC NO.2169/2021 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES AND ACMM AND ADDITIONAL MACT, BENGALURU, (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER IN MFA NO. 5844/2023 BETWEEN: THE MANAGER, CHOLAMANDALAM MS GIC LIMITED, UNIT NO 04, 9TH FLOOR, LEVEL - 6, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, RAJAJINAGAR, BANGALORE - 560 010. ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. JEEVAN N @ JEEVANKUMAR, S/O NARASIMHA MURTHY, NOW AGED ABOUT 22 YEARS, R/AT 12TH WARD, BAPUJI NAGAR, CHIKKABALLAPURA, KARNATAKA - 562 101. 2. M. MARAIAH, S/O CHANDRAIAH, MAJOR, R/AT NO. 7-65/B, MAAVATHURU, V KOTA MANDAL, JOWNIPALLE, VENKATAGIRI KOTA, CHITTOR, ANDHRA PRADESH - 517 424. ...RESPONDENTS (BY SRI. K.V. NAIK., ADVOCATE FOR R1, VIDE ORDER DATED 24.08.2023 NOTICE TO R2 IS DISPENSED WITH) - 4 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988, AGAINST THE JUDGMENT AND AWARD DATED:24.02.2023 PASSED IN MVC NO.2170/2021 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES, MEMBER ADDITIONAL MACT-15, BENGALURU SCCH-15 AWARDING COMPENSATION OF RS.7,23,900/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF THE DEPOSIT OF THE AWARD AMOUNT. IN MFA NO. 5845/2023 BETWEEN: THE MANAGER CHOLAMANDALAM M S GIC LIMITED, UNIT NO.4, 9TH FLOOR, LEVEL-6, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGAR, BENGALURU - 560 010. ...APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SAVITHA, S/O JAYARAM K.V., D/O MUDHU VENKATAPPA, AGED ABOUT 45 YEARS, 2. JAYARAM K.V., S/O LATE KRISHNAYYA K.V., AGED ABOUT 53 YEARS, 3. BHARATH BHUSHAN J, S/O JAYARAM K .V., AGED ABOUT 23 YEARS, ALL ARE R/A NO.2240, WARD NO.9, T.G TANK ROAD, - 5 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER CHIKKABALLAPUR, KARNATAKA - 562 101. 4. M. MARAIAH, S/O CHANDRAIAH, MAJOR R/A NO.7-65/B, MAAVATHURU V KOTA MANDAL JOWNIPALLE, VENKATAGIRI KOTA, CHITTOR, ANDHRAPRADESH - 517 424 ...RESPONDENTS (BY SRI. K.V. NAIK., ADVOCATE FOR R1 TO R3, VIDE ORDER DATED 24.08.2026 NOTICE TO R4 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:24.02.2023 PASSED IN MVC NO.2169/2021 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU (SCCH-15), AWARDING COMPENSATION OF RS. 24,22,200/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT. IN MFA NO. 6283/2023 BETWEEN: JEEVAN N @ JEEVAN KUMAR, S/O NARASIMHA MURTHY, AGED ABOUT 22 YEARS, R/AT 12TH WARD, BAPUJI NAGARA, CHIKKABALLAPURA, KARNATAKA - 562 101. ...APPELLANT (BY SRI K.V. NAIK., ADVOCATE) - 6 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER AND: 1. M. MARAIAH, S/O CHANDRAIAH, AGED MAJOR, R/AT NO.7-65/B, MAAVATHURU, V KOTA MANDAL, JOWNIPALLE, VENKATAGIRI KOTA, CHITTOOR, ANDRA PRADESH - 517 424. (RC OWNER OF EICHER REG. NO. AP-03-TE-4920) 2. THE MANAGER, CHOLAMANDALAM MS GENERAL INS CO. LTD., OFFICE AT UNIT NO. 4, 9TH FLOOR, LEVEL-04, GOLDEN HEIGHT COMPLEX, 59TH 'C' CROSS, RAJAJINAGARA, BENGALURU - 560 010. (POLICY NO. 3379/01769218/000/03 FROM 26/08/2020 TO 25/08/2021) ...RESPONDENTS (BY SRI. PRADEEP B.,ADVOCATE FOR R2, VIDE ORDER DATED 22.09.2023 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,1988, AGAINST THE JUDGMENT AND AWARD DATED:24.02.2023 PASSED IN MVC NO.2170/2021 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES AND ACMM AND ADDITIONAL MACT, BENGALURU, (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 7 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT These four appeals arising out of common judgment and award dated 24.02.2023 passed by XIII Additional Small Causes and ACMM and Additional Motor Accident Claims Tribunal, Bengaluru (SCCH-15) 1 in MVC.2170/2021 and MVC.2169/2021 by the claimants as well as Insurer. 2. The claimants filed MFA.No.6288/ 2023 and MFA No.6283/2023 seeking enhancement of the compensation, whereas the Insurer filed MFA.No.5844/2023 and MFA.No.5845/2023, seeking fastening negligence on the rider of the motorcycle, as he has also contributed to the accident. 1 "Tribunal" for short - 8 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER 3. Heard Sri.Naik Krishna Venkatraman, learned counsel for the claimants in all the appeals and Sri.B.Pradeep, learned counsel for Insurer in all the appeals. 4. Sri.Naik Krishna Venkatraman with all vehemence submits that the deceased was rider of the motor cycle and injured was a pillion. The offending vehicle Eicher bearing registration No.AP-03-TE-4920, dashed against the motor cycle bearing KA-40-EE-8763, from hind side, resulting in death and injuries of rider and pillion. The deceased rider succumbed to the injuries, whereas the pillion rider suffered severe injuries resulting in disability. He further submits that the deceased as well as injured were working as System operators/Computer and were earning Rs.18,000/- per month. 5. Learned counsel further submits that so far as the death case is concerned the Tribunal has awarded the inadequate compensation under the filial consortium and - 9 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER not at all awarded 10% escalation on conventional head from 2017. In that view of the matter, the compensation awarded requires reconsideration. 6. So far as injury case is concerned, he too was working as a System Operator and earning Rs.18,000/- per month. The injuries suffered were crush injury to left ankle, undisplaced left zygomatic angle fracture, left lateral wall fracture, multiple fracture of tibia and fibula (left). The doctor who has been examined as PW-4 has reiterated the grievous injuries and stated that the limb disability was 61% and the same when compared to whole body comes to 20%. He further submits that the claimant was in-patient for a period of 21 days and underwent surgeries for implants. The Tribunal has taken notional income of Rs.15,000/-, but not considered the limb disability stated by the doctor and awarded inadequate compensation and the same requires reassessment. - 10 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER 7. Sri.B.Pradeep, learned counsel for the Insurer with all vehemence submits that on the fateful day the deceased, pillion along with another person were triple riding the motorcycle which is against the law. They were trying to overtake the vehicle, in that circumstances, got collided with the Eicher vehicle. He further submits that this fact has been elicitated in the cross-examination of PW-1, wherein he has clearly admitted that they were three persons on the motor cycle. In that view of the matter, the Tribunal ought to have considered this aspect of the matter and fastened certain contributory negligence on the rider of the motor cycle and sought to allow the appeal by dismissing the appeal of the claimants. 8. Having considered the rival submissions, this Court perused all the appeal papers and trial Court record. 9. Firstly, so far as death claim is concerned. though the argument of Sri.Naik Krishna Venkatraman is appealable at the first blush, however, the perusal of - 11 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER documents clearly show that no documents have been produced to support the contention on the monthly income, though it was claimed that they were working as System Operators and studying in BCA. In the absence of any document to that effect, this Court is of the opinion that the Tribunal has properly considered the income fixed under the chart prepared by Karnataka State Legal Services Authority, i.e., R.15,000/- per month. However, this Court finds some force in the argument of Sri.Naik that the Tribunal in the teeth of evidence by the doctor stating that though 20% to the whole body disability, has considered only 10%. The same requires reconsideration when compared to the injuries suffered, in-patient period, treatment taken and the expenses incurred. This Court find force in the argument to consider the disability at 20% instead of 10% taken by the Tribunal. Accordingly, the injured claimant is entitled for following re-assessed compensation. - 12 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Pain, shock and sufferings 75,000-00 75,000-00 2. Loss of amenities 50,000-00 75,000-00 3. Loss of income during the laid up period 45,000-00 60,000-00 4. Attendant's charges, Extra diet and conveyance 27,000-00 27,000-00 5. Medical expenses 2,02,900-00 2,02,900-00 6. Loss of future income 3,24,000-00 6,48,000-00 (15,000x12x18x20%) TOTAL 7,23,900-00 10,87,900-00 10. Accordingly the injured claimant is entitled for reassessed compensation of Rs.10,87,900/- rounded off to Rs.10,88,000/-, which shall carry interest at the rate of 6% per annum from date of petition till realization. 11. So far death claim is concerned the Tribunal though has properly awarded compensation under the head loss of dependency, but erred in awarding compensation towards filial consortium and also in view of settled position of law, 10% escalation for each completed 3 years since 2017 on the conventional head. In the case hand, 10% escalation for one completed 3 years is - 13 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER admissible on the conventional head, since the date of accident is 22.02.2021. 12. Accordingly, the claimants are entitled for re- assessed compensation, which reads as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of consortium 40,000-00 1,20,000-00 (40,000x3) 2. Loss of love and affection 50,000-00 - 3. Loss of estate 15,000-00 15,000-00 4. Funeral expenses 15,000-00 15,000-00 5. Expenses of transportation of dead body 5,000-00 - 6. Medical expenses 29,200-00 29,200-00 7. Loss of Dependency 22,68,000-00 22,68,000-00 8. 10% escalation on one term of three completed years. - 15,000-00 TOTAL 24,22,200-00 24,62,200-00 13. Accordingly claimants are entitled for reassessed compensation of Rs.24,62,200/- rounded off to Rs.24,63,000/- which shall carry interest at the rate of 6% per annum from date of petition till realization. - 14 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER 14. So far as the contention of the Insurer is concerned, in view of the police document which clearly shows that the Eicher vehicle dashed against the motor cycle on its hind side. This Court is of the opinion that the evidence elicitated, a stray admission by PW-1 cannot be considered, as according to principle of Evidence Act that the entire evidence is to be read as a whole along with the supporting documents. In that view of the matter there is no merit in the appeals filed by the Insurer. Accordingly both the appeals filed by the Insurer are dismissed. 15. For the foregoing reasons this Court proceeds to pass the following: ORDER (i) MFA.No.5844/2023 and MFA.No.5845/2023 filed by the Insurer are dismissed. (ii) MFA.No.6288/2023 and MFA No.6283/2023 are allowed in part. - 15 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER (iii) The judgment and award dated 24.02.2023 passed by the Tribunal in MVC.No.2169/2021 filed by the claimants is modified and re-assessed the compensation at Rs.24,63,000/-, which shall carry interest at the rate of 6% per annum from date of petition till realization. (iv) The judgment and award dated 24.02.2023 passed by the Tribunal in MVC.No.2170/2021 filed by the claimant is modified and re-assessed at Rs.10,88,000/-, which shall carry interest at the rate of 6% per annum from date of petition till realization. (v) The amount in deposit in both the appeals by the Insurer shall be transmitted to the concerned Tribunal for disbursement in respective claim petitions. - 16 - HC-KAR CNR: KAHC010482192023 NC: 2026:KHC:43756 MFA No. 6288 of 2023 C/W MFA No. 5844 of 2023 MFA No. 5845 of 2023 AND 1 OTHER (iv) The Insurer of the offending vehicle shall deposit the entire re-assessed compensation, along with interest at the rate of 6% per annum from the date of petition till realization before the concerned Tribunal within six weeks from the date of receipt of copy of this order. (v) The apportionment and disbursement is as per the order passed by the Tribunal. (vi) No order as to costs. Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 13 ct-vn