- 1 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4709 OF 2021 (MV-I) BETWEEN: SRI. D. VIJAY S/O SRI. DEVARAJ AGED ABOUT 40 YEARS R/AT NO.11, PASUMAINAGAR NEAR SAMATHAHAVAPURAM, BAGALUR ROAD, HOSUR-635109 …APPELLANT (BY SRI. THIPPESWAMY B.C., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE-III (670300) 2ND FLOOR, MAHALAKSHMI CHAMBERS M.G. ROAD, BANGALORE-560001 (POLICY NO.7104001170300004353) VALID FROM 07-12-2017 TO 06-12-2018) 2. SRI. SHASHIDHAR S/O. MUNI REDDY NO.4 AND 8, HEELALIGE VILLAGE, CHANDAPURA POST, ANEKAL TALUK, CHANDAPURA BANGALORE-560009. …RESPONDENTS (BY SMT. Y. ARUNA, ADVOCATE FOR RESPONDENT NO.1 (THROUGH VC); VIDE ORDER DATED 08.11.2022, SERVICE OF NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH) Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 25.03.2021 PASSED IN MVC NO.7103/2018 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER - MACT, BENGALURU (SCCH-5), 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Thippeswamy B.C., learned counsel for the appellant who appears before this Court physically. Also heard Smt. Y.Aruna, learned counsel for respondent No.1 who appears through video conference. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.7103/2018 dated 25.03.2021. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident that occurred in the year 2018, appellant filed a petition claiming compensation of Rs.20,00,000/- in total. The tribunal, having come to a conclusion that the - 3 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 appellant is entitled to a sum of Rs.2,47,000/- as compensation, with an observation that he contributed to an extent of 10% for the accident to occur, thereby directed respondent No.1 herein to pay the appellant a sum of Rs.2,22,300/- as compensation. 4. Arguing the matter, learned counsel for the appellant submits that, appellant was not negligent in riding his vehicle. Entire negligence lies on the part of the driver of the water tanker which is involved in the accident. Appellant has produced all relevant material to establish the negligence on part of the driver of the water tanker. However, the tribunal unjustifiably held that appellant contributed for the accident to occur and his contribution can be taken as 10%. Learned counsel further submits that compensation that is granted by the tribunal is on lower side. He also contends that no compensation is awarded towards loss of future earnings. Learned counsel thereby seeks to allow the appeal. 5. On the other hand, learned counsel for respondent No.1 submits that the accident occurred in the middle of the road which itself goes to show that even the appellant was at - 4 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 fault. On the aspect of quantum, learned counsel submits that after the accident, appellant joined a company and started earning which itself establishes that the appellant does not suffer with any kind of disability as he contended. Learned counsel also states that even as per evidence of PW.3, the fracture is united. 6. On the issue regarding contributory negligence, as per the version of appellant, on 25.10.2018 at about 12:30 p.m. while he was riding the motorcycle in a slow and cautious manner, a water tanker bearing registration No.KA-51-C-9489 which was coming in the same direction driven by its driver at a high speed and in a rash and negligent manner dashed against his motorcycle from back side, due to which he fell down and sustained grievous injuries. There is no denial of the fact that police after investigation laid charge sheet against the driver of the water tanker only. Basing on an observation that the accident occurred in the middle of the road, the tribunal held that appellant contributed for the accident to occur. However the accident occurred when both the vehicles are proceeding in the same direction. That too there is no material on record to - 5 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 show the alleged negligence on part of appellant. Therefore, this Court is of the view that the tribunal went wrong in holding that appellant contributed for the accident to occur. 7. Coming to quantum of compensation awarded, when the accident occurred in the month of October 2018, the appellant joined his job in the month of September 2019 and started earning. However, by all the evidence produced, appellant succeeded in establishing that he sustained grievous injuries in the road traffic accident. As per the evidence of PW.3 the disability in respect of left upper limb is 39% and in respect of whole body it is 13%. Though, it is brought on record that after the accident, appellant joined a job and started earning, this Court is of the view that his future prospects will depend on his ability to perform as an employee and such ability will diminish to the extent of whole body disability. The tribunal granted a sum of Rs.10,000/- only towards loss of earnings during the period of treatment. However considering the nature of injuries sustained, this Court is of the view that appellant would have taken bed rest at least for a period of three months. Also the compensation awarded under the head loss - 6 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 on account of disability is on lower side. Therefore, considering the totality of evidence produced and the amount that is granted as compensation by the tribunal under each head, this Court is of the view that the compensation granted by the tribunal is required to be enhanced globally by Rs.50,000/-. 8. Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) Contributory negligence attributed on the part of the appellant by the Motor Accident Claims Tribunal, Bangalore through orders in MVC 7103/2018 dated 25.03.2021 is set aside. (iii) The compensation that is granted by the tribunal is enhanced by Rs.50,000/-. (iv) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 7 - HC-KAR NC: 2026:KHC:6230 MFA No. 4709 of 2021 (v) Respondent No.1 is directed to deposit the enhanced sum and also the total sum that is awarded by the tribunal i.e., Rs.2,47,000/- along with accrued interest within a period of 08 weeks from the date of receipt of certified copy of this judgment. (vi) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE HJ List No.: 1 Sl No.: 29