- 1 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4032/2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 4075/2024 (MV-I) IN MFA No. 4032/2024: BETWEEN: 1. SRI R GOPALAPPA S/O LATE RAMAPPA AGED ABOUT 53 YEARS 2. SMT NAGAMMA W/O R GOPALAPAP AGED ABOUT 46 YEARS BOTH ARE R/AT NO 2-27 NALALPPAREDDYARU SANTHIPURAM CHITTOOR DISTRICT, A.P. PIN-517 423. …APPELLANTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S NEW INDIA ASSURANCE CO. LTD., BY ITS MANAGER MOTOR CLAIMS HUB NO 9, 2ND FLOOR MAHALAKSHMI CHAMBERS, M G ROAD BENGALURU-560 001. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 2. SRIKRISHNA DEVAN S S/O SHAHIKUMAR N G NELLIPPALLI HOUSE MADAKKANDA CHENGALAM SOUTH KUMMANAM P.O., KOTTYAM KERALA-686 022. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR R1, R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2023 PASSED IN MVC NO. 4768/2022 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT, BENGALURU (SCCH-21), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4075/2024: BETWEEN: SRI G SIVAJI S/O G RAJAPPA AGED ABOUT 25 YEARS R/AT NO 8-96, C KATHARLA PALLI PEDDAPANJANI, PEDDAVELAGATUR CHITOOR DISTRICT, A.P. PIN-517 247 ...APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S NEW INDIA ASSURANCE CO LTD BY ITS MANAGER MOTORS CLAIMS HUB NO 9, 2ND FLOOR MAHALAKSHMI CHAMBERS - 3 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 M G ROAD, BENGALURU-560 001. 2. SRI KRISHNA DEVAN S S/O SHAHSIKUMAR N G NELLIPPALLI HOUSE, MADAKAKNDA CHENGALAM SOUTH, KUMMANAM P.O., KOTTAYAM, KERALA-686 022. ...RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR R1, R2 SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2023 PASSED IN MVC NO.4767/2022 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, MAYO HALL UNIT, BENGALURU, SCCH-21, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT In MFA No. 4032/2024 MFA No. 4032/2024 is filed challenging the judgment and award dated 10.07.2023 passed in MVC No. 4768/2022 on the file of the XVII Additional Judge, Court OF Small Causes and Member, MACT, Mayo Hall Unit, Bengaluru. - 4 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 2. Heard the arguments of the learned counsel for the appellants and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Brief facts of the case is that one G. Chandra Shekar met with an accident on 16.05.2022 and died subsequently. His parents filed claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.22,62,400/- with interest at the rate of 6% from date of petition till realisation. 4. Tribunal assessed the contributory negligence on the part of the petitioner as 40% and that of the driver of the offending vehicle as 60%. Accordingly, directed to deposit Rs.13,57,440 with interest at the rate of 7% p.a. from date of petition till realisation. Aggrieved by the said order this appeal is preferred in which it is mainly contented that Chandrasekhar was working as a supervisor in G-Mart and also owning his own cab and earning Rs.50,000/- per month. But the Tribunal has - 5 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 considered only Rs.15,500/- per month without any basis and granted meager compensation and interest is to be granted at the rate of 12% instead of 6%. 5. Though it is stated that Chandrasekhar was earning Rs.50,000/- per month, claimants have not filed any income proof. As he met with an accident in the year 2022 the tribunal rightly considered his notional income as Rs.15,500/- per month. He was aged 28 years and the multiplier taken is 17. The petitioner is entitled for 40% towards future prospects and as he is a bachelor 50% is to be deducted towards his personal expenses. Loss of dependency comes to Rs.15,500 + 40% x 12 x 17 – 50% = Rs.22,13,400/- The claimants are parents of the deceased and each of them are entitled for an amount of Rs.44,000/- towards filial consortium and also Rs.33,000/- under the conventional head. 6. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.22,62,400/- to Rs.23,34,400/- along with interest at the rate of 6% p.a. 7. Further, learned counsel for appellant stated that Tribunal erred in fixing 40% contributory negligence on the part of the deceased and it is to be modified. The manner of accident shows on 16.05.2022 while he was riding the motorcycle bearing Reg.No.AP-39/CG-5128 along with two pillion riders on the outer ring road of Karthiknagar Service Road, near Karnataka Bank, Bengaluru, at that time a motorcycle bearing Reg.No.KL- 05/AT-7732 came in a rash and negligent manner and Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 22,13,400 2 Towards loss of consortium (2 claimants) 88,000 3 Conventional heads 33,000 Total 23,34,400 - 7 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 dashed this motorcycle. As a result, he fell down and died on the spot. It was observed by the Tribunal that G.Chandra Shekar and other pillion riders were not wearing any helmet and it is a triple riding and charge sheet is filed against the riders of both the motor vehicles and accordingly assessed the contributory negligence on the part of the deceased as 40%. If it is a case of triple riding with no helmet, fine will be imposed. But charge sheet is filed against the riders of both the vehicles on the ground that it is a head-on collusion. 8. Though appellant counsel argued that the contributory negligence fixed on the rider of the motorcycle is excessive. He has not taken the said plea in the appeal grounds. As such, this court finds no reason to interfere with the contributory negligence fixed up by the tribunal. - 8 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 10.07.2023 passed in MVC No.4768/2022 on the file of the XVII Additional Judge, Court OF Small Causes and Member, MACT, Mayo Hall Unit, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.23,34,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.22,62,400/- granted by the tribunal. iv. Insurance Company, is directed to deposit 60% of Rs.23,34,400/- with interest at the rate of 6% p.a., within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 v. On such deposit, both the claimants are permitted to withdraw the entire amount along with interest accrued on it equally. vi. On 12.09.2025, the delay of 241 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delayed period. In MFA No. 4075/2024 10. MFA No. 4075/2024 is filed challenging the judgment and award dated 10.07.2023 passed in MVC No.4767/2022 on the file of the XVII Additional Judge, Court OF Small Causes and Member, MACT, Mayo Hall Unit, Bengaluru, 11. Injured claimant met with an accident on 16.05.2022 and filed claim petition claiming compensation - 10 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 of Rs.20,00,000/-. But the Tribunal considering the entire evidence on record granted an amount of Rs.6,45,816/- with interest at the rate of 7% per annum from date of petition till realization. 12. Aggrieved by the said award he preferred an appeal and mainly contented that the petitioner was hospitalized as an inpatient for 2 months and he sustained brust temporal fontal bone fracture, head injury, left tibia fracture and he was underwent ORIF and Tibia fracture and also underwent surgery to his head injury. The said other injuries treated with conservative treatment and internal fixation was done in left leg and the wound certificate discloses the injured sustained injury with head, incubated and intubation was done. However, the amount granted under the other heads is meager and he was aged 23 years working as a delivery boy at JioMart and earning Rs.20,000/- per month. The doctor assessed the disability as 40% to the left lower limb and 13% to the whole body. But the Tribunal erred in taking the same as 10%. The - 11 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 rate of interest is to be granted at the rate of 12%. Therefore, requested for enhancement of the compensation. 13. Though it is stated that petitioner was working as Delivery boy and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, Tribunal has rightly considered his notional income as Rs.15,500/- as per the chart prepared by Karnataka State Legal Services Authority and he was aged 23 years and the multiplier taken is 18. Petitioner examined PW3 and he assessed the disability of the right lower limb as 40% and that of the whole body as 13%. Considering the medical evidence and the nature of injuries, this court finds it reasonable to take the disability as 1/3rd of 40% i.e., 13% instead of 10%. So loss of future earning capacity comes to Rs.15,500 x 12 x 18 x 13% = Rs.4,35,240/-. The Tribunal granted Rs.5,66,560/- towards medical expenses as per Ex.P15/medical bills. Therefore, this court finds that it is to - 12 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 be confirmed. He was hospitalized for a period of 44 days at different spells as per the discharge summaries filed before the court. Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities and Rs.44,000/- transportation, extra nourishment and attendant charges. He might not have attended any other work at least for a period of 4 months. Hence, this court finds it reasonable to grant an amount of 15,500 x 4 months = Rs.62,000/- towards loss of income during laid up period. PW2 in his evidence stated that he requires another surgery for removal of the implants and the estimated cost of the same is stated as Rs.60,000/-. This Court finds it reasonable to grant an amount of Rs.30,000/- towards future medical expenses. 14. In the result, the following order is passed: - 13 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.10,76,360/- to Rs.12,87,800/- along with interest at the rate of 6% p.a. 15. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 10.07.2023 passed in MVC No.4767/2022 on the file of Sl.Nos. Particulars Amount in Rs. 1 Future earning capacity 4,35,240 2 Medical expenses 5,66,560 3 Pain and suffering 1,00,000 4 Loss of amenities 50,000 5 Transportation, extra nourishment and attendant charges. 44,000 6 Loss of income during laid down period 62,000 7 Future medical expenses 30,000 Total 12,87,800 - 14 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 the XVII Additional Judge, Court OF Small Causes and Member, MACT, Mayo Hall Unit, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.12,87,800/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 10,76,360/- granted by the tribunal. iv. Insurance company is directed to pay 60% of Rs.12,87,800/-, as there is 40% contributory negligence assessed on the part of the petitioner. v. Insurance company deposited the awarded amount before the tribunal. Therefore they are directed to pay the balance compensation along with interest accrued on it within one month from the date of this order. - 15 - HC-KAR NC: 2026:KHC:6913 MFA No. 4032 of 2024 C/W MFA No. 4075 of 2024 vi. On such deposit petitioner is permitted to withdraw the entire amount along with interest accrued on it. vii. On 08.9.2025, the delay of 255 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 93