- 1 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 1702 OF 2025 (MV-D) BETWEEN: 1. TAJUNISSA W/O. LATE HATATH BASHA, NOW AGED ABOUT 51 YEARS, 2. H. ABBAS, S/O. LATE HAYATH BASHA, AGED ABOUT 33 YEARS, 3. ASMA BANU, D/O LATE HAYATH BASHA, AGED ABOUT 26 YEARS, ALL ARE R/AT 1/A, GROUND FLOOR, SAMADANA NAGAR, NEAR SAHABA MASJID, K.G. HALLI, BANGALORE. …APPELLANTS (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE INSURANCE CO. LTD, REP BY ITS MANAGER TP HUB, 2ND FLOOR MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE-560 001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 2. M/S. NATARAJ ENTERPRISES, NO.1234,2ND MAIN, MV LAYOUT, VIRUPAKSHAPURA, BANGALORE-560 097 …RESPONDENTS (BY SRI. A N KRISHNA SWAMY., ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2024 PASSED IN MVC NO. 806/2023 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, ADDITIONAL MACT-7, BENGALURU (SCCH- 7), 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: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellants-claimants against the judgment and the award of the tribunal passed in MVC.No.806/2023 dated 04.01.2024 by the IX Additional Small Causes Judge, Court of Small Causes, Member, MACT - 7 , Bengaluru. - 3 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 3. One Sri.R.Hayath Basha @ Hayath S/o Late Abdul Rahim met with an accident on 13.12.2022 and died subsequently. His wife and children filed claim petition claiming compensation of Rs.50,00,000/-. The tribunal after considering the entire evidence on record, granted an amount of Rs.14,32,445/- with interest at the rate of 6% per annum from date of petition till realisation. 4. Being aggrieved by the said order, this appeal is preferred in which it is mainly contended that the tribunal fixed 20% contributory negligence on the part of the deceased, though charge sheet was filed against the driver of the offending vehicle and thus the said assessment of contributory negligence is not proper, it is to be set aside. He was working as an employee in Shell Company and earning Rs.30,000/- per month but the tribunal took his income as Rs.15,500/-. 5. Learned counsel for the respondents contended that he was crossing the road where there was no zebra - 4 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 line, and as per Ex.P4, the skywalk is also nearer to the place but he has not opted to walk on the said skywalk and thus he contributed to the accident and the tribunal rightly considered the contributory negligence as 20% and it needs no inference. 6. The manner of accident shows that on 13.12.2022 at about 06.45 a.m., while R.Hayath Basha @ Hayath was about to cross the road and standing on the left side of the road at outer ring road, the driver of the lorry bearing registration No.KA-04-C-2157 came in a rash and negligent manner and dashed him. As a result, he sustained injuries and succumbed to the injuries only on 15.12.2022. A charge sheet is filed against the driver of the offending lorry. 7. Respondent No.2 in his written statement took an objection that the accident occurred on the outer ring road, and it is a double road with each side 50 feet road apart from 20 feet service road and further in between the - 5 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 road there exists center median and there is total prohibition of pedestrians entering the road and crossing the road and there is no zebra line making provision for pedestrian to cross the road. The place of accident is the middle of the road and the Sri.R.Hayath Basha @ Hayath tried to cross the road where there is total prohibition for the pedestrian, and the tribunal also observed that accident took place in the middle of the road at a distance of 30 feet from the skywalk. Considering the said facts, the tribunal fixed up the contributory negligence at 20%. Admittedly, a charge sheet is filed against the driver of the vehicle. While R.Hayath Basha @ Hayath was crossing the road, he met with an accident in the middle of the road. Therefore, this Court finds it reasonable to consider the contributory negligence on his part as 10%, and it is not the case of the respondents that he was crossing the road in a drunken condition. 8. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500 per month - 6 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 as per the chart prepared by Karnataka State Legal Services Authority. He was aged 56 years and the multiplier applicable is 9. He is entitled for 10% towards future prospects and 1/3rd is to be deducted towards personal expenses. The loss of dependency comes to (15,500/- - 1/3rd X Rs.15,500/- = Rs.10,333/- + 10% X 9 X 12 = Rs.12,27,528/-. 9. The first petitioner is the wife; she is entitled to spousal consortium of Rs.44,000/-. Petitioner Nos.2 and 3 are the children, entitled to an amount of Rs.44,000/- each towards parental consortium and they are also entitled for Rs.36,000/- under the conventional heads and the tribunal granted Rs.54,917/- towards medical expenses and the said amount is confirmed. 10. The total compensation comes to Rs.12,27,528/-+Rs.44,000/- + Rs.44,000/-+ Rs.44,000/- + Rs.36,000/- + Rs.54,917/- = Rs.14,50,445/-. - 7 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 11. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards loss of dependency 12,27,528.00 2. Under other conventional heads 36,000.00 3. Loss of spousal consortium 44,000.00 4. Loss of parental consortium 88,000.00 5. Towards hospital and medical expenses 54,917.00 TOTAL 14,50,445/- 12. The Tribunal has awarded the compensation of Rs.14,32,445/- but the appellant/claimant is entitled to total compensation of Rs.14,50,445/-. Compensation is enhanced from Rs.14,32,445/- to Rs.14,50,445/-. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. - 8 - HC-KAR NC: 2026:KHC:4910 MFA No. 1702 of 2025 ii. The judgment and award passed by the Tribunal in M.V.C.No.806/2023 dated 04.01.2024 by the IX ASCJ and ACMM, Court of Small Causes, Member- MACT, Bengaluru is hereby modified holding that the claimant is entitled for enhanced total compensation of Rs.14,50,445/- along with interest @ 6% p.a. iii. Insurance company already deposited the awarded amount before the tribunal. Therefore, Respondent No.1 is directed to deposit 90% of the enhanced compensation of Rs.18,000/- with interest at the rate of 6% within 1 month from the date of this order. On such deposit, first petitioner/wife of the deceased alone is permitted to withdraw the entire amount along with interest on the said amount. iv. Appellant is not entitled for interest for a period of 328 days as per the order in IA.No.1/2025 dated 29.01.2026. v. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK, List No.: 1 Sl No.: 8