SMT MEENAKSHI K vs ABHISHEK SINGH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
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. 4095 OF 2021
(MV-I)
BETWEEN:
SMT. MEENAKSHI K.,
W/O VINAYAK V. S.,
AGED ABOUT 38 YEARS,
R/AT NO.20, TULASI NILAYA,
ND
2 CROSS, SBM COLONY,
BRINDAVAN NAGAR, MATHIKERE
BENGALURU - 560 054.
…APPELLANT
(BY SRI. JAGADEESH H. T., ADVOCATE)
Digitally
signed by
SUSHMA
LAKSHMI B S
Location:
High Court of
Karnataka
AND:
1. ABHISHEK SINGH,
S/O R. S. THATHORE,
AGED MAJOR,
NO.F-16,
FORTUNA CLASSIC APARTMENT,
CANARA BANK LAYOUT,
SAHAKARANAGAR, HEBBAL POST,
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
BENGALURU – 560 092.
2. ICICI LOMBARD GENERAL
INSURANCE COMPANY LTD.,
NO.121, THE ESTATE,
TH
9 FLOOR, DICKENSON ROAD,
M.G.ROAD,
BENGALURU – 560 042.
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2;
NOTICE TO R1 IS D/W, V/O DATED 25.05.2026)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.09.2019, PASSED IN
MVC.NO.3263/2018, ON THE FILE OF THE MEMBER, M.A.C.T.,
XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU (SCCH-14), 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 MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
ORAL JUDGMENT
The appellant is before this Court seeking enhancement
of compensation and also to set aside the contributory
negligence fastened upon the appellant, being aggrieved by the
judgment and award dated 09.09.2019 passed in
MVC.No.3263/2018 on the file of MACT, Bangalore (SCCH-14).
Brief facts of the case:
2. The petitioner is a practicing advocate. On
14.04.2018, at about 08.45 p.m., when the petitioner was
travelling as a pillion rider on the scooter bearing registration
No.KA-41/EG-2736, the said scooter was being driven by her
husband. In the meantime, a car bearing registration No.KA-
51-M-2749 was driven by its driver in a high speed, rash and
negligent manner and dashed the scooter from behind. As a
result, the petitioner and her husband were thrown out from
their vehicle. The appellant sustained severe injuries and the
motorcycle was also damaged extensively. Immediately after
the incident, the appellant was shifted to hospital for treatment.
After obtaining the treatment, a claim petition was filed before
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
the Tribunal. The Tribunal awarded a sum of ₹2,90,300/- with
interest at the rate of 7% per annum.
3. The submission of the learned counsel for the
appellant is that the Tribunal has committed error in
considering their disability. The doctor clearly deposed that the
physical disability of 9% to the whole body. However, the
Tribunal considered only 7%, which is arbitrary and required to
be enhanced. It is further submitted that the Tribunal has
committed error in considering and fixing the contributory
negligence of 15%. It is a misconception of fact, in fact, the
appellant was moving on the scooter as a pillion rider. Hence,
fixing the contributory negligence on the appellant would not
arise. However, the Tribunal has committed error. Therefore,
the appeal is to be set aside. Making such submissions, the
learned counsel for the appellant prays to allow the petition.
4. Per contra , Sri.B.Pradeep, learned counsel for
respondent No.2 vehemently justified the judgment and award
passed by the Tribunal and submitted that the Tribunal after
assessing the material available on record and also the
evidence, awarded the compensation, which is just and fair.
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
There is no necessity to enhance the compensation as prayed
in the appeal. Making such submissions, learned counsel for
respondent No.2 prays to dismiss the appeal.
5. Having heard the learned counsel for the respective
parties and also on perusal of the findings of the Tribunal in
fixing the contributory negligence has arrived at a wrong
conclusion for the reason that the appellant was a pillion rider
and she was moving along with her husband and her husband
was riding the motorcycle. If the husband commits a mistake,
she is not held responsible for the said act. Therefore, it
requires to be set aside. As regards the quantum of
compensation is concerned, even though the doctor has opined
that the physical disability at 9% to the whole body, the
Tribunal has considered only 7%, which requires to be
enhanced and loss of future earnings recalculated as under:
Rs.15,000/- X 12 X 15 X 9% = Rs.2,43,000/-
6. As regards pain and suffering is concerned, the
appellant has suffered right foot planter aspect avulsion injury
th
with 5 metatarsal fracture. The loss of income during period of
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
treatment and suffering is concerned. Having considered the
nature of injury and fracture, it needs to be enhanced to the
extent of another Rs.20,000/-, which comes around
Rs.50,000/- under the head of pain and suffering.
7. Consequently, the award of the Tribunal is modified
and the claimant / appellant would be entitled to the
compensation as under:-
Award amount
Particulars (in Rupees)
Tribunal This Court
Sl.
No.
01 Pain and suffering 30,000/- 50,000/-
10,000/- 10,000/-
02 Food and nourishment,
conveyance and
attendant charges
03 Medical expenses 27,500/- 27,500/-
04 Loss of income during 45,000/- 45,000/-
the period of treatment
05 Loss of future earnings 1,89,000/- 2,43,000/-
06 Loss of amenities 40,000/- 40,000/-
TOTAL 3,41,500/- 4,15,500/-
8. In the light of the observations made above, I
proceed to pass the following:-
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
09.09.2019 passed in MVC.No.3263/2018 on the file
of MACT, Bangalore (SCCH-14) , is modified granting
compensation of Rs.4,15,500/- as against
Rs.2,90,300/- awarded by the Tribunal by
considering contributory negligence on the appellant.
iii) The claimant is entitled to entire
compensation of Rs.4,15,500/- with interest at the
rate of 6% per annum from the date of this appeal
till realization.
iv) The entire compensation amount shall be
deposited by the respondent within a period of six
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 claimant.
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HC-KAR
NC: 2026:KHC:59700
MFA No. 4095 of 2021
CNR: KAHC010266392020
The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 12