- 1 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5336 OF 2024(MV-D) BETWEEN: 1. SRI RAMACHANDRAPPA S/O SANJEEVAPPA @ SANJEEVA BHOVI, AGED ABOUT 51 YEARS, 2. SMT. ERAMMA W/O RAMACHANDRAPPA, AGED ABOUT 45 YEARS BOTH ARE R/O RAMANAHALLI VILLAGE, TARIKERE TALUK, CHIKMAGALURU DISTRICT – 586 221 …APPELLANTS (BY SRI. M V MAHESWARAPPA., ADVOCATE) AND: 1. SRI RAGHAVENDRA S/O GANGADHARA RAO, AGED ABOUT 45 YEARS, OWNER CUM DRIVER OF CAR BEARING REG. NO.KA-14/P-6280 R/O CHALUKYANAGARA 4TH CROSS, 1ST MAIN, SHIVAMOGGA CITY – 577 201. 2. THE BRANCH MANAGER M/S TATA AIG GENERAL INSURANCE CO. LTD., HUBLI BRANCH, P.NO. 0155833186500 VALID UP TO 18-02-2017 2ND FLOOR, J.P AND DEVI JAMBUKESHWAR, ARCADE NO. 69, MILLERS ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 BENGALURU – 560 052. 3. SRI LAKHSMANA S/O ANNAIAH, AGED ABOUT 29 YEARS, BHOVI CASTE, COOLIE, R/O B RAMANAHALLI, TARIKERE TALUK, DRIVER OF BAJAJ DISCOVERY BIKE BEARING REG. NO.KA-18/EE-1885 4. SRI HANUMANTHA BHOVI S/O SANJEEVA BHOVI, AGED MAJOR, AGRICULTURIST R/O B RAMANAHALLI, TARIKERE TALUK OWNER OF BAJAJ DISCOVERY BIKE, BEARING REG. NO. KA-18/EE-1885 5. THE BRANCH MANAGER THE NATIONAL INSURANCE CO. LTD., HARSHA COMPLEX, SHIVAMOGGA - 577201 POLICY NO. 61060031166260002028 …RESPONDENTS (BY SRI. A.M. VENKATESH., ADVOCATE FOR R5, R1, R3 AND R4 SERVED, SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2024 PASSED IN MVC NO.830/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, SHIVAMOGGA, C/C II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MEMBER, AMACT-8, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDG MENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.02.2024 passed in MVC No.830/2018 on the file of the I Addl. Senior Civil Judge and CJM, Member, MACT, Shivamogga, C/c II Addl Senior Civil Judge and JMFC, Member, AMACT, Shivamogga, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.5. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The case of the claimant is that, on 04-01-2017 at about 7:00 p.m., Geetha D/o Ramachandrappa was proceeding as pillion rider in motorcycle bearing reg.No.KA-18/EE-1885 and Raghavendra was riding the same who is respondent No.1, from Gajanur towards Kelapu, when he was passing the Forest check post, near - 4 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 Kakanahasudi, at that time, the car bearing reg.No.KA- 14/P-6280 driven by its driver in rash and negligent manner, dashed against the bike bearing No.KA-18/EE- 1885, due to which both of them fell down and sustained grievous injuries and Geetha succumbed to the injuries. The parents of Geetha filed claim petition claiming compensation of Rs.32,00,000/-. However, the Tribunal considering the entire evidence on record granted an amount of Rs.5,63,600/- with interest at the rate of 6% p.a., from the date of petition till realization. 4. Aggrieved by the said order, they preferred an appeal and it is contended that Geeta was working as a coolie and was earning Rs.9,000/- per month, but the Tribunal has taken her income as Rs.36,000/- p.a. The tribunal assessed 50% of the negligence on each of the vehicle and it is erroneous. The amount granted under the other heads are meager. 5. It is further stated that the petitioner is a pillion rider. Negligence is on the rider of the vehicle and the - 5 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 driver of the car and 40% future prospects is to be added. Therefore, requested for enhancement of the compensation. 6. Learned counsel for respondent stated that the petitioner herself stated that she was earning Rs.9,000/- per month. Therefore, the said income is to be considered for the purpose of calculation. The petitioner was aged 17 years and she met with an accident in the year 2017. She has not filed any income proof. In cases wherever there is no income proof, this Court is relying upon the chart prepared by Karnataka State Legal Services Authority. In the year 2017, the notional income is mentioned as Rs.11,000/- per month. Whereas, learned counsel for respondent stated that as she herself admitted Rs.9,000/-, it is to be considered only as Rs.9,000/-, but as it is a beneficial legislation, whichever is beneficial to the litigant is to be considered by this Court. Therefore, this Court finds that it is just and reasonable to take the notional income as Rs.11,000/- per month and as she was aged 17 - 6 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 years, multiplier taken as ‘18’. She is entitled for 40% towards future prospects, as she was unmarried, 50% is to be deducted towards personal expenses. Hence, loss of dependency comes to Rs.11,000 + 40% x 12 x 18 - 50%. = Rs.16,63,200/- and claimants are parents of the deceased and each of them are entitled for an amount of Rs.40,000/- each, towards filial consortium and they are also entitled for Rs.30,000/- under the conventional heads. 7. The manner of the accident shows that on 04.01.2017 while Geetha was proceeding as a pillion rider on a motorcycle bearing Reg.No.KA-EE-1885 and the rider Raghavendra when he was passing the forest check post, car bearing Reg.No.KA-14-P-6280 came in a rash and negligent manner and dashed with a bike. As a result, both of them fell down and she sustained grievous injuries and the doctors declared her as brought dead. So the charge sheet is filed against the owner of the motorcycle and also car driver. As such, the Tribunal held that each of - 7 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 them are entitled for contributory negligence and hence the Tribunal fixed contributory negligence of 50% on each of them. 8. It is further contended that the respondent No.1/owner of the car and respondent no.2 is the insurer. Respondent No.2 is directed to deposit his 50% compensation along with interest accrued on it and respondent No.4 is the owner of the motor cycle, but he has no driving licence. Therefore, this Court finds it reasonable to invoke the principle of pay and recovery as per the judgment of the Hon’ble Supreme Court in Pappu and Others v. Vinod Kumar Lamba and Another reported in (2018) 3 SCC 308 and respondent No.5/Insurance company is directed to deposit 50% of compensation and they are at liberty to recover the same from respondent No.4 by due process of law. - 8 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 9. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.5,63,600/- to Rs.17,73,200/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.02.2024 passed in MVC No.830/2018 on the file of the I Addl. Senior Civil Judge and CJM, Member, MACT, Shivamogga, C/c Sl. Nos. Particulars Amount in Rs. 1 Loss of dependency 16,63,200 2 Filial consortium 80,000 3 Conventional heads 30,000 Total 17,73,200 - 9 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 II Addl Senior Civil Judge and JMFC, Member, AMACT, Shivamogga, is modified. iii. The claimants are entitled to a sum of Rs.17,73,200/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,63,600/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent Nos.2 and 5 are liable to deposit the enhanced compensation of Rs.12,09,600/- and they are directed to deposit the amount within one month from the date of this order. - 10 - HC-KAR NC: 2026:KHC:15376 MFA No. 5336 of 2024 v. On such deposit, petitioner Nos.1 and 2 are permitted to withdraw the entire amount along with interest accrued on the same, equally. vi. Respondent Nos.2 and 5 are at liberty to recover 50% share from respondent No.4 by due process of law. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 66