- 1 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 4644 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3770 OF 2023 (MV-D) IN MFA No. 4644/2022 BETWEEN: 1. NEW INDIA ASSURANCE CO. LTD., MOTOR CLAIMS HUB, REGIONAL OFFICE, 9/2, II FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, BANGALORE-560 001. …APPELLANT (BY SRI. HARINI SHIVANANDA., ADVOCATE) AND: 1. SMT. RATHNA AGED ABOUT 40 YEARS, W/O. LATE NARAYANASWAMY. V, 2. KUM. SOWMYA.N. AGED ABOUT 24 YEARS, D/O. LATE NARAYANASWAMY. V, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 3. MR. SUNIL.N AGED ABOUT 22 YEARS, S/O. LATE NARAYANASWAMY. V, 4. SRI. VIJAYAN AGED ABOUT 73 YEARS, S/O. MUNISWAMY, 5. SMT. RATHNAMMA AGED ABOUT 71 YEARS, W/O. VIJAYAN, ALL ARE R/AT 16TH CROSS, 1ST MAIN, A. NARAYANAPURA, BANGALORE-16, AND ALSO AT 119, SWATHANTHRA NAGAR, CHIKKA BASAVANAPURA, K.R. PURAM, BANGALORE-560 049. 6. M/S. FIEM INDUSTRIES LTD., VILLA NO. 83, GOLDEN HOME, SARJAPURA ROAD, BIDARAGUPPE GRAM PANCHAYAT, ATTIBELE, BANGALORE-562 107. …RESPONDENTS (BY SRI. GURUDEVA PRASAD K T., ADVOCATE FOR R1 TO R5; VIDE ORDER DATED:13.02.2026, NOTICE TO R6 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2022 PASSED IN MVC NO. 2733/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.23,95,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 3770/2023 BETWEEN: 1. SMT. RATHNA - 3 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 W/O LATE NARAYANASWAMY .V AGED ABOUT 41 YEARS, 2. KUM. SOWMYA N D/O LATE NARAYANASWAMY .V AGED ABOUT 25 YEARS, 3. MR. SUNIL N S/O LATE NARAYANASWAMY .V AGED ABOUT 23 YEARS, 4. SRI. VIJAYAN S/O MUNISWAMY AGED ABOUT 74 YEARS, 5. SMT. RATHNAMMA W/O VIJAY AT VIJAYAN, AGED ABOUT 72 YEARS, ALL ARE R/AT 16TH CROSS, 1ST MAIN, A. NARAYANAPURA, BENGALURU-560016. AND ALSO R/AT NUMBER 119, SWATHANTHARANAGAR, CHIKK BASAVANAPURA, K.R. PURAM, BENGALURU-560049. ...APPELLANTS (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S NEW INDIA ASSURANCE CO., LTD., MOTOR CLAIMS HUB, NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G. ROAD, BENGALURU-560049 BY ITS MANAGER. 2. THE MANAGER M/S FIEM INDUSTRIES LTD., - 4 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 VILLA NO. 83, GOLDEN HOME, SARJAPURA ROAD, BIDARAGUPPE GRAMA PANCHAYAT, ATIBELE, BANGALORE PIN-562107. ...RESPONDENTS (BY SRI. HARINI SHIVANANDA., ADVOCATE FOR R1; VIDE ORDER DATD:23.09.2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2022 PASSED IN MVC NO. 2733/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAYO HALL UNIT, BENGALURU (SCCH-19), 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: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The MFA No.4644/2022 is filed by the New India Assurance Company Limited praying to set aside the impugned judgment and award dated 15.03.2022 passed in M.V.C.No.2733/2019 on the file of the Motor Accidents Claims Tribunal (for short 'the Tribunal'), XV Additional Judge, Mayo Hall Unit, Bangalore. - 5 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 2. The MFA No.3770/2023 is filed by the claimants against the above said impugned judgment and award seeking to enhance the compensation awarded by the Tribunal. 3. The only ground urged by the learned counsel in the appeal filed by the Insurance Company is that 100% liability has been fastened on the driver of the Lorry bearing Registration No.KA-51/B-4976, whereas the deceased who was driving the Auto Rickshaw bearing Reg.No.KA-03/AC-0714 was also responsible to some extent for the accident being negligent while driving the Auto Rickshaw. 4. Learned counsel appearing for the claimants/dependants of the deceased however, submitted that the Tribunal has taken the notional income of the deceased at Rs.13,750/- per month. The Tribunal ought to have taken the monthly income of the deceased at Rs.20,000/- per month, as he was earning monthly income of more than Rs.20,000/- per month. 5. Learned counsel for the Insurance Company has drawn our attention to the sketch of the spot of the accident Ex.P.3(a) to suggest that both the vehicles were moving on opposite - 6 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 direction and the Auto Rickshaw came to the extreme right as the deceased driver failed to take due care, hence resulted in the accident. 6. She therefore, submits that the driver of the Auto Rickshaw was also responsible to some extent and therefore, seeks to apportion the liability and negligence. She further submits that the Tribunal has failed to take note of the documentary evidence. The liability at 100% fastened on the driver of the Lorry for the accident in question is incorrect and needs modification. 7. It has come on evidence that the driver of the Auto Rickshaw was coming to petrol bunk, where the accident took place. The Lorry got damaged on the right side which would suggest that the Auto Rickshaw had almost crossed the road and the driver of the offending vehicle was driving the Lorry in a high speed and was not careful in driving the Lorry in a slow speed near the Petrol Bunk. The Tribunal therefore, considering the aforesaid aspect has recorded a finding of fact that the lorry driver was responsible for causing of the accident and the - 7 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 driver of the Auto Rickshaw did not in any way contributed to the negligence. 8. We have perused the sketch relied upon by the learned counsel for appellant Ex.P.3(a). We do not find any ground to doubt the finding of Tribunal. It may also be noted that the FIR was lodged against the driver of the offending Lorry and the charge sheet also came to be filed against him, under Section 279 of IPC. 9. In view of the aforesaid facts, we do not find any ground to interfere with the finding of fact recorded by the Tribunal that the accident was the result of the rash and negligent act of the driver of the Lorry. We therefore, dismiss the appeal filed by the Insurance Company. 10. Insofar as the appeal filed by the claimants/dependants is concerned, the claimants have not produced credible and cogent evidence to suggest that the deceased was earning Rs.20,000/- per month at the time of his death. In the absence of credible evidence to prove the income of the deceased at Rs.20,000/- at the time of his death, we are of the view that - 8 - HC-KAR NC: 2026:KHC:8925-DB MFA No. 4644 of 2022 C/W MFA No. 3770 of 2023 the Tribunal has correctly taken the monthly income of the deceased at Rs.13,750/- and therefore, the amount of compensation does not require an interference. 9. Hence, we dismiss both the appeals. Registry to send back the original records to the concerned Tribunal for further action. 10. The amount in deposit to be remitted back to the concerned Tribunal for apportionment and disbursement of the compensation amount, in terms of the impugned judgment and award dated 15.03.2022 passed in MVC No.2733/2019 on the file of the MACT and XV Additional Judge, SCCH-19, Mayo Hall Unit, Bengaluru. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG CT: SN List No.: 1 Sl No.: 8