K CHENCHU REDDY vs MADHU B K

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:60382
MFA No. 1993 of 2020


CNR: KAHC010010672020



IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 28 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

MISCELLANEOUS FIRST APPEAL NO. 1993 OF 2020

(MV-D)

BETWEEN:

1. K. CHENCHU REDDY,
S/O BOYI REDDY,
AGED ABOUT 54 YEARS,
RESIDING AT LAKSHMI NAGAR,
B. N. KANDRIGA,
CHITOOR DISTRICT,
ANDHRA PRADESH.

2. V. VIJAYA BHARATHI,
W/O K. CHENCHU REDDY,
AGED ABOUT 45 YEARS
RESIDING AT LAKSHMI NAGAR,
B. N. KANDRIGA,
CHITOOR DISTRICT,
ANDHRA PRADESH.

…APPELLANTS










Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka


(BY SRI. CHANDRA SHEKARA SHETTY G., ADVOCATE)

AND:

1. MADHU B. K.,
S/O KALE GOWDA,
R/A 109, 58/1A/2,
APOORVA LAYOUT,
TH
13 BLOCK, NAGARABHAVI

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HC-KAR
NC: 2026:KHC:60382
MFA No. 1993 of 2020


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BANGALORE – 560 072.

2. THE NATIONAL INSURANCE
COMPANY LTD.,
D.O.07, NO.982, II FLOOR,
80 FT ROAD,
PERIPHERAL ROAD
KORAMANGALA,
BANGALORE – 560 034.
REPRESENTED BY MANAGER

…RESPONDENTS
(BY SRI. S. V. HEGDE MULKHAND, ADVOCATE FOR R2;
V/O DATED 26.07.2022, NOTICE TO R1 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 10.07.2019, PASSED IN
MVC.NO.4952/2017, ON THE FILE OF THE COURT OF SMALL
CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT
BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
06.10.2026, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT, THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR
NC: 2026:KHC:60382
MFA No. 1993 of 2020


CNR: KAHC010010672020


CAV JUDGMENT


1. This appeal has been filed by the claimants/appellants
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 10.07.2019 passed in MVC
No.4952/2017 on the file of the Court Of Small Causes And
Motor Accident Claims Tribunal at Bengaluru (SCCH-13) (for
short, ‘Tribunal’), wherein the Tribunal awarded compensation
of Rs.8,94,000/- with interest at 6% p.a. from the date of
petition till the deposit of the amount in the Tribunal.
Brief facts of the case:

2. On 17/12/2016 at about 3:50 p.m., the deceased
K.Gopikrishna was riding the motorcycle bearing registration
No.KA.19.EB.1133 along with his friend, who was a pillion rider.
When they were proceeding from their hostel i.e., from
Siddhavana towards Rathnavarma Stadium, Dharmasthala, at
that time, the driver of Scorpio car bearing registration
No.KA.51.MG 3625, overtaking the bus, came to his extreme
right side, i.e., on the wrong side of the road, dashed against
the motorcycle of the deceased and caused an accident. As a
result of which, the deceased and the pillion rider fell down and

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HC-KAR
NC: 2026:KHC:60382
MFA No. 1993 of 2020


CNR: KAHC010010672020


sustained severe head injury and multiple fatal injuries all over
their bodies. Immediately after the accident, the deceased was
taken to SDM Hospital, however, he died due to the said
injuries. A claim petition was filed before the Tribunal. The
Tribunal awarded compensation of Rs.8,94,000/- along with
interest at the rate of 6% per annum. The Tribunal held that
respondent Nos.1 and 2 are jointly and severally liable to pay
50% of the compensation and in view of subsistence of
insurance policy, directed the respondent No.2 to pay 50% of
the compensation along with interest at the rate of 6% per
annum. Being aggrieved by the same, the appellants are before
this Court seeking to set aside the contributory negligence
fastened on the deceased and for enhancement of
compensation.

3. Heard Sri G. Chandra Shekar Shetty, learned counsel for
the appellants and Sri S.V. Hegde Mulkhand, learned counsel
for respondent No.2.

4. The contention of the learned counsel for the appellants is
that the award passed by the Tribunal is contrary to the
evidence on record, which is liable to be set aside.

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5. It is further submitted that the Tribunal has failed to
assess the income of the student who was studying final year
degree in SDM College of Naturopathy and Yogic Sciences,
Ujire, D.K. District. The Tribunal has totally failed to take note
of the fact that neither the first respondent nor the second
respondent led any evidence to prove the alleged contributory
negligence. The Tribunal suo motu fixed 50% contributory
negligence on the deceased which is erroneous and not proper.
In fact, the accident occurred solely due to the rash and
negligent driving of the offending vehicle by its driver.
Therefore, the contributory negligence fastened on the
deceased ought to be set aside.

6. It is further submitted that the Tribunal erroneously took
the income of the deceased to be Rs.6,000/- per month without
considering his proper notional income. In fact, For the year
2016, the notional income should have been taken at
Rs.9,500/- per month, and an addition of 40% towards future
prospects ought to have been considered in to meet the ends of
justice. By making such submissions, the learned counsel for
the appellants prays to allow the appeal.

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7. Per contra , learned counsel representing the respondent
No.2 – Insurance Company vehemently justified the award
passed by the Tribunal and prays to dismiss the appeal.

8. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, it is an
undisputed fact that on 17.12.2016, at about 03.50 p.m., the
deceased was riding the motorcycle bearing registration No.KA.
19.EB.1133 along with his friend Chandrashekar as a pillion
rider from their hostel i.e., from Siddhavana towards
Rathnavarma Stadium, Dharmasthala. At that time, the driver
of the Scorpio car bearing registration No.KA.51.MG.3625
dashed against the motorcycle, causing the accident. A case
came to be registered and charge sheet has been filed against
the driver of the offending car. Ex.P2 - true copy of the spot
sketch and Ex.P3 - true copy of the spot mahazar clearly
demonstrate that the accident occurred while the driver of the
car was attempted to overtake. Such being the fact, fastening
50% liability on the deceased appears to be improper and
incorrect. Hence, the same is liable to be set aside.

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9. Insofar as the quantum of compensation is concerned,
the Tribunal considered the income of the deceased to be
Rs.6,000/- per month. However, since the accident occurred in
the year 2016, the notional income should be taken as
Rs.9,500/- per month in accordance with the guidelines issued
by the Karnataka State Legal Services Authority (KSLSA).
Hence, the loss of dependency has to be recalculated as
under:-
9,500 + 40% = 13,300 – 1/3 = 4433
13,300 – 4,433 = 8,867 x 12 x 18 = 19,15,272/-

10. Consequently, the award of the Tribunal is modified and
the claimant / appellant would be entitled to the compensation
as under:-


Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of dependency 8,64,000 19,15,272

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02 Loss of estate 15,000 15,000
03 Transportation of dead 15,000 15,000
body & funeral expenses
TOTAL 8,94,000 19,45,272

11. In the light of the observations made above, I proceed to
pass the following:-
ORDER

i) Miscellaneous First Appeal filed by the
claimants / appellants is allowed in part.

ii) The judgment and award dated
10.07.2019 passed in MVC No.4952/2017 on the file
of the Court Of Small Causes And Motor Accident
Claims Tribunal at Bengaluru (SCCH-13), is modified,
granting compensation of Rs.19,45,272/- (Rupees
Nineteen Lakhs Forty Five Thousand Two Hundred
and Seventy-two only) as against Rs.8,94,000/-
awarded by the Tribunal.

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MFA No. 1993 of 2020


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iii) The claimants are entitled to entire
compensation of Rs.19,45,272/- awarded by
this Court with interest at the rate of 6% per
annum from the date of the petition till
realization.

iv) The entire compensation amount shall be
deposited by the respondent No.2 within a period of
eight weeks from the date of receipt of the certified
copy of this judgment.

v) The Tribunal is directed to release the
entire amount in favour of the claimants.

vi) The Registry is directed to communicate
the order to the Tribunal and send the records to the
Trial Court forthwith.


Sd/-
(S RACHAIAH)
JUDGE

BSS
List No.: 1 Sl No.: 44