- 1 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 9305 OF 2025 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 8068 OF 2025 (MV-D) IN MFA No. 9305/2025 BETWEEN: 1. THE MANAGER, RELIANCE GEN. INS. CO. LTD., O/A: No.28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU-560 001. &APPELLANT (BY SRI. D VIJAYA KUMAR, ADVOCATE) AND: 1. SMT. CHAITHRA U.M., W/O. LATE MAHADEVASWAMY N @ MAHESH, AGED ABOUT 25 YEARS, 2. TEJASHWINI M., D/O. LATE MAHADEVASWAMY N. @ MAHESH, AGED ABOUT 8 YEARS, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 3. SACHITH M., S/O. LATE MAHADEVASWAMY N. @ MAHESH, AGED ABOUT 7 YEARS, SINCE RESPONDENTS No.2 & 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE RESPONDENT No.1. SMT. CHAITHRA U.M. 4. SMT. SAKAMMA, W/O. NAGARAJU, AGED ABOUT 54 YEARS, ALL ARE R/AT. AYYANAVARA HUNDI, SARAGURU POST, BG PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571463. 5. SRI. MUTHU KUMAR, S/O. EDWIN, MAJOR, R/AT. No.1914/42, MARAHALLI VILLAGE, MANGALAWARA PETE, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT-562160. (OWNER OF TVS RADEON BEARING REG. No.KA-42-EC-5431). &RESPONDENTS (BY SRI TEJAS N., ADVOCATE FOR R1 & R4; (R2 & R3 ARE MINORS REP. BY R1); SRI N.K. RAMESH, ADVOCATE FOR R5) - 3 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.08.2025 PASSED IN MVC No.1305/2023 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU (SCCH-23), AWARDING COMPENSATION OF Rs.34,30,300/- WITH INTEREST AT PERCENT 6 P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AWARD AMOUNT. IN MFA No. 8068/2025 BETWEEN: 1. SMT. CHAITHRA U.M., W/O. LATE MAHADEVASWAMY N @ MAHESH, AGED ABOUT 25 YEARS, 2. TEJASHWINI. M., D/O. LATE MAHADEVASWAMY N @ MAHESH, AGED ABOUT 08 YEARS, 3. SACHITH M S/O. LATE. MAHADEVASWAMY N @ MAHESH, AGED ABOUT 07 YEARS, (SINCE PETITIONERS No.2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN) 4. SMT. SAKAMMA W/O. NAGARAJU, AGED ABOUT 54 YEARS, ALL ARE RESIDING AT AYYANAVARA HUNDI, SARAGURU POST, BG PURA HOBLI, - 4 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 MALAVALLI TALUK, MANDYA DISTRICT - 571 430. ...APPELLANTS (BY SRI TEJAS N., ADVOCATE) AND: 1. SRI. MUTHU KUMAR, S/O. EDWIN, AGED MAJOR, R/AT No.1914/42, MARAHALLI VILLAGE, MANGALAWARA PETE, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT - 562 160. (OWNER OF TVS RADEON BEARING REG. No.KA-42-EC-5431) 2. THE MANAGER, RELIANCE GEN. INS. CO. LTD., OFFICE AT: No.28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001. (POLICY No.990292023750088140 VALID FROM 07-11-2020 TO 06-11-2025) ...RESPONDENTS (BY SRI D. VIJAY KUMAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.08.2025 PASSED IN MVC No.1305/2023 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. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Sri D. Vijaya Kumar, learned counsel for the Insurer, Sri N. Tejas, learned counsel for the appellants-claimants and Sri N.K. Ramesh, learned counsel for Respondent No.5- owner. 2. These appeals arise out of the common judgment and award dated 23.08.2025 passed in MVC No.1305/2023 by the XXI Additional Small Causes Judge & ACJM, Bengaluru (for short, 8the Tribunal9). 2.1 MFA No.9305/2025 is filed by the insurer, disputing the involvement of the insured vehicle as well as the liability under the contract of insurance. MFA No.8068/2025 is filed by the claimants, who are dissatisfied with the quantum of compensation awarded. For convenience, the parties are referred to as per their ranks before the Tribunal. - 6 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 3. The claimants filed a claim petition seeking compensation for the accidental death of N. Mahadevaswamy @ Mahesh (deceased) in a road traffic accident that occurred on 31.01.2023, involving a motorcycle bearing No.KA-41-V-0160 and a TVS Radeon motorcycle bearing No.KA-42-EC-5431 (offending vehicle). It is pleaded that the accident occurred due to the rash and negligent driving of the rider of the offending vehicle. It is further pleaded that, at the time of the accident, the deceased was earning Rs.1,000/- per day. The claimants also assert that they incurred substantial expenses towards transportation of the dead body, funeral, and obsequies ceremonies. 3.1 Though respondent No.1, the owner of the offending vehicle, appeared through learned counsel, he failed to contest the matter by filing a written statement. Respondent No.2, the insurer, filed its written statement, admitting the issuance of the policy. However, while denying its liability, contended that the insured vehicle was not involved in the accident. It is further contended that the vehicle has been falsely implicated in collusion with its owner. The insurer has also pleaded that the accident occurred due to the negligence of the deceased himself. - 7 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 3.2 Claimant No.1 examined herself as PW1 and marked Exhibits P1 to P19. The respondents examined RW1 and did not mark any documents. 3.3 The Tribunal held that the accident occurred due to the rash and negligent riding of the offending vehicle and consequently directed the insurer to indemnify the award of compensation. In the absence of proof of income, the Tribunal assessed the notional income at Rs.16,000/- per month, having regard to the year of the accident, i.e., 2023, and based on the chart prepared by the Karnataka State Legal Services Authority. 3.4 The Tribunal considered the age of the deceased as 34 years, applied a multiplier of 16, added 40% of the assessed income towards future prospects, and deducted one-fourth towards personal and living expenses. The Tribunal has also awarded compensation under conventional heads. 4. Sri D. Vijay Kumar, learned counsel appearing for the appellant-insurer, submits that the accident is stated to have occurred at about 11.00 p.m. on 31.01.2023, whereas the complaint came to be registered on 01.02.2023, wherein the - 8 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 offending vehicle has been named. It is contended that there is no eyewitness to establish the involvement of the offending vehicle. It is further submitted that the accident occurred in an isolated area and there is no evidence on record to prove the involvement of the offending vehicle. It is also contended that, at the time of the accident, the deceased was not wearing a protective headgear and had thereby violated the provisions of the Motor Vehicles Act, and is therefore not entitled to compensation. 4.1 Learned counsel further submits that the material evidence, particularly the IMV report at Ex.P5, does not indicate the involvement of the offending vehicle in the accident. It is contended that the Tribunal, without considering these aspects, has erroneously held that the accident occurred due to the rash and negligent driving of the offending vehicle and has consequently fastened liability on the insurer. 5. Sri N. Tejas, learned counsel appearing for respondent Nos.1 to 4-claimants, submits that the evidence on record clearly establishes the involvement of the offending vehicle. It is contended that the complaint has been lodged on the basis of - 9 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 information received, specifying the details of the said vehicle. It is further submitted that, in the said accident, the rider of the offending vehicle also sustained injuries. The rider of the offending vehicle is stated to have taken treatment, and the wound certificate issued in that regard has been marked as Ex.P18. 5.1 Learned counsel also submits that the owner of the offending vehicle has admitted the occurrence of the accident and the involvement of the vehicle. It is contended that the wound certificate, coupled with the admission of the owner, corroborates the testimony of PW1. 6. Sri N.K. Ramesh, learned counsel appearing for respondent No.5, supports the submissions made by the learned counsel for respondent Nos.1 to 4. 7. Having considered the submissions made by the learned counsel for the parties and upon perusal of the record, it is evident that the occurrence of the accident on 31.01.2023 and the death of N. Mahadevaswamy in the said accident are not in dispute. There is also no dispute with regard to the quantum of - 10 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 compensation, in view of the assessment made on notional income with reference to the chart prepared by the Karnataka State Legal Services Authority. The age of the deceased, the applicable multiplier, the percentage added towards future prospects, and the percentage of deduction towards personal and living expenses are likewise not in dispute. The only contention urged by the insurer pertains to the involvement of the offending/insured vehicle. 7.1 It is primarily contended that the accident occurred at about 11.00 p.m. on 31.01.2023, whereas the complaint came to be lodged only on 01.02.2023 at about 09.00 a.m. We find no delay in lodging the complaint. The accident having occurred at midnight, the complaint has been registered at the earliest possible point of time. The complaint, marked as Ex.P2, specifically discloses the involvement of the offending vehicle. The same is also reflected in FIR at Ex.P1. The vehicle was thereafter subjected to inspection by the competent authority, and the IMV report is marked as Ex.P5. 7.2. The contention urged by the appellant is that there is no eyewitness to establish the involvement of the offending vehicle. - 11 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 Ex.P18 is the wound certificate of the rider of the offending vehicle. A perusal of Ex.P18 indicates that the rider reported to the casualty with bleeding from the nose, injuries to the throat, and pain over the upper chest. The said certificate has been issued by the District Hospital, Ramanagara. 7.3 Further, the owner of the offending vehicle, in the course of the police inquiry, has admitted the occurrence of the accident as well as the involvement of the vehicle. The said admission is marked as Ex.P19. Exs.P18 and P19 corroborate the contents of the FIR and the complaint at Exs.P1 and P2. The aforesaid evidence is further corroborated by the IMV report marked as Ex.P5. 7.4 On an appreciation of the above evidence on record, the Tribunal is justified in holding that the accident occurred due to the rash and negligent riding of the offending vehicle. The said finding is duly supported by the material on record. We do not find any cogent evidence or material placed by the learned counsel for the insurer to take a different view. In the absence of any such demonstrable ground, the finding of the Tribunal regarding the involvement of the vehicle bearing No.KA-42-EC- - 12 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 5431 and the negligence of its rider as the cause of the accident is affirmed. 7.5 The accident is of the year 2023. The Tribunal has added 20% increment towards consortium insofar as petitioner No.1 is concerned. However, while awarding compensation under the head of consortium to petitioner Nos.2 to 4, no such increment has been made. In view of the judgment of the Hon9ble Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi decided on 31.10.2017 reported in (2017) 16 SCC 680, the compensation awarded under the head of consortium is liable to be enhanced by 10% every three years. Accordingly, the compensation under the head of consortium payable to petitioner Nos.2 to 4 is enhanced by 20%. 7.6 The total compensation is re-computed and tabulated as under; 1,20,000 + (20% of 1,20,000) = Rs.1,44,000/- (Filial Consortium) Sl. No. Particulars Compensation by Tribunal in Rs. Compensation by this Court in Rs. 1. Toward loss of dependency 32,25,600/- 32,25,600/- 2. Towards loss of consortium to petitioner No.1 48,400/- 48,400/- - 13 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 3. Towards loss of estate 18,150/- 18,150/- 4. Towards transportation of dead body funeral and obsequies ceremony expenses 18,150/- 18,150/- 5. Towards loss of filial consortium to petitioner Nos.2 to 4. 1,20,000/- 1,44,000/- Total Compensation 34,30,300/- 34,54,300/- Compensation enhanced 24,000/- Thus, the total compensation awarded is at Rs.34,54,300/- as against compensation awarded by Tribunal at Rs.34,30,300/-. 8. Accordingly, the following; Order (i) MFA No.9305/2025 is dismissed. (ii) MFA No.8068/2025 is allowed-in-part. (iii) The judgment and award dated 23.08.2025 in MVC No.1305/2023 passed by the XXI Additional Small Cause Judge & MACT, Bengaluru, is modified to the above extent. (iv) The claimant is entitled to the total compensation of Rs.34,54,300/- as against Rs.34,30,300/- awarded by the Tribunal. - 14 - HC-KAR NC: 2026:KHC:19136-DB MFA No. 9305 of 2025 C/W MFA No. 8068 of 2025 (v) The conditions imposed by the Tribunal with regard interest, deposit, apportionment and disbursement of the amount shall remain unaltered. (vi) The Registry is directed to transfer the amount in deposit, if any, to the Tribunal, forthwith. (vii) Draw modified decree accordingly. (viii) No order as to costs. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 12