SRI. MANI vs SRI. SUBRAMANI
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 1235 OF 2025
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL No. 1228 OF 2025
(MV-I)
IN MFA No. 1235/2025
BETWEEN:
SRI. CHANDRAKUMAR
S/O RAMESH A,
AGED ABOUT 23 YEARS,
R/AT GOWRENAHALLI VILLAGE,
VTC GOWERENAHALLI,
PO SIDIHOSKOTE,
ANEKAL DISTRICT.
BANGALORE-562 102.
…APPELLANT
(BY SRI. JAGADEESH H T, ADVOCATE)
AND:
1. SRI. SUBRAMANI
S/O AYANNA,
MAJOR
R/AT THYAMANAYAKANAHALLI,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
KASABA HOBLI,
ANEKAL TALUK
BANGALORE - 562 106.
2. THE MANAGER,
THE NEW INDIA ASSURANCE CO, LTD.,
T.P. CLAIMS, HUB,
ND
No.9/2, 2 FLOOR,
MAHALAKSHMI CHAMBERS
M.G. ROAD, BENGALURU- 01.
…RESPONDENTS
(BY SRI K NAGARAJAIAH, ADVOCATE FOR R2
V/O DTD. 30.08.2025, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.10.2024 PASSED IN MVC
NO. 6930/2022 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE AND ACJM, MEMBER, MACT, COURT OF SMALL
CAUSES, BENGALURU (SCCH-24), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA No. 1228/2025
BETWEEN:
SRI. MANI
S/O RAMESH,
AGED ABOUT 21 YEARS,
R/AT SEEDI KOTTA,
GOWRENAHALLI VILLAGE,
GOWERENAHALLI,
SIDIHOSKOTE,
ANEKAL DISTRICT.
BANGALORE-562 106.
...APPELLANT
(BY SRI. JAGADEESH H T, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
AND:
1. SRI. SUBRAMANI
S/O AYANNA,
MAJOR,
R/AT THYAMANAYAKANAHALLI,
KASABA HOBLI,
ANEKAL TALUK-562 106,
BANGALORE.
2. THE MANAGER,
THE NEW INDIA ASSURANCE CO, LTD.,
T.P. CLAIMS, HUB, NO.9/2,
ND
2 FLOOR, MAHALAKSHMI CHAMBERS,
M.G. ROAD, BENGALURU- 01.
...RESPONDENTS
BY SRI K NAGARAJAIAH, ADVOCATE FOR R2
V/O DTD. 29.08.2025, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.01.10.2024 PASSED IN MVC
NO.6931/2022 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSE JUDGE AND ACJM, MEMBER, MACT, BENGALURU,
(SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
ORAL JUDGMENT
1. MFA No. 1235/2025 is filed by claimant of MVC
No. 6930/2022 challenging the contributory negligence
attributed to the claimant and seeking enhancement of the
compensation awarded and MFA No. 1228/2025 is filed by
the claimant challenging the contributory negligence and
seeking enhancement of the compensation awarded in
MVC No. 6931/2022 by judgment and award dated
01.10.2024 by the XXII Additional Small Causes Judge and
Member, MACT, Bengaluru (SCCH-24). Common judgment
is passed in MVC Nos. 6930/2022 and 6931/2022.
2. Even though the appeals are listed for
`Admission’ today, with the consent of the learned counsel
appearing for the parties it is taken up for disposal.
3. Claimants of both the appeals had filed claim
petitions seeking for award of compensation for the
injuries sustained by them in a road traffic accident that
occurred 24.09.2022 contending that the accident
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
occurred due to the rash and negligent driving by the
driver of tractor bearing registration No. KA-03-T-0490.
The Tribunal after recording evidence, appreciating the
evidence on record, assessed the compensation and
awarded compensation under different heads as under in
MVC No. 6930/2022:
1 Towards pain and suffering Rs.50,000/-
2 Towards conveyance,
Attendant charges and
nourishing food
Rs.5,000/-
3 Towards loss of income Rs.31,000/-
during laid up period
4 Discomfort and amenities Rs.25,000/-
Total Rs.1,11,000/-
4. The Tribunal has awarded compensation under
various heads as under in MVC No. 6931/2022:
1 Towards pain and suffering Rs.25,000/-
2 Towards conveyance,
Attendant charges and
nourishing food
Rs.5,000/-
3 Towards loss of income Rs.15,500/-
during laid up period
4 Discomfort and amenities Rs.25,000/-
Total Rs.70,500/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
5. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization. The Tribunal held that claimants have
contributed to the accident and assessed the contributory
negligence at 50% and deducted 50% of the
compensation assessed and awarded only 50% of the
compensation assessed in both the claim petitions.
Claimants, challenging the said contributory negligence
attributed to them, deducting 50% of the compensation
assessed and seeking enhancement of the compensation
awarded, have filed the present appeals.
6. Heard learned counsel for appellants in both the
appeals and learned counsel for respondent No. 2 –
Insurer.
7. Learned counsel for appellants – claimants
would contend that charge-sheet Ex.P.7 is filed against
driver of the Tractor and therefore, finding of the Tribunal
that rider of the motorcycle had contributed to the
accident and assessing the contributory negligence at 50%
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
is not proper. He further contends that the Tribunal has
not awarded loss of future income due to disability even
though there is evidence of the Doctor with regard to the
disability sustained by the claimants. Compensation
awarded towards pain and suffering and loss of amenities
is on lower side. With this, he prayed to allow both the
appeals.
8. Learned counsel for Insurer would contend that
the accident occurred in the middle of the road and
considering the same, the Tribunal has rightly attributed
contributory negligence to the rider of the motorcycle at
50% and rightly deducted 50% in the compensation
assessed. Compensation awarded in both the claim
petitions are just and proper and there are no grounds for
enhancement of the compensation.
9. Having heard learned counsel for the parties
this Court has perused the judgment, award and trial
Court records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
10. The accident occurred on 24.09.2022 at 01.30
pm. Chandra Kumar (claimant in MVC No. 6930/2022) was
riding motorcycle bearing registration No. KA-59-J-2044
and Mani (claimant in MVC No. 6931/2022) was a pillion
rider of the said motorcycle. Driver of the tractor bearing
registration No. KA-03-T-0490 came from opposite
direction from Jigani side towards Anekal and dashed
against the motorcycle bearing registration No. KA-59-J-
2044 and claimants of both the petitions sustained
injuries. Ex.P.7 is charge-sheet and it is filed against the
driver of the Tractor. Ex.P.2 is mahazar of the spot of
accident. Said spot mahazar clearly indicate that the
accident occurred in the middle of the road. Since the
accident occurred in the middle of the road, the Tribunal
has rightly held that there is contributory negligence on
the part of rider of the motorcycle and rightly assessed his
contributory negligence at 50%. The Tribunal has erred in
attributing 50% of contributory negligence in case of
pillion rider – claimant in MVC No. 6931/2022. There will
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
be no contributory negligence on the part of pillion rider
and said contributory negligence attributed to the claimant
in MVC No. 6931/2022 and deduction of 50% of the
compensation assessed by the Tribunal is not proper and it
requires to be set aside.
11. IN MVC No. 6930/2024 (MFA No.
1235/2026) : Claimant had sustained the following
injuries as per Ex.P.3 – wound certificate:
a. Swelling of the right shoulder region
b. Movement of right upper limb is restricted
c. Swelling of left knee and leg
d. Multiple abrasions all over body
12. P.W.4 is the Doctor who had examined the
claimant and assessed his disability. P.W.4 has stated that
claimant had sustained fracture of comminuted type of
right humurus. Considering the said injuries sustained,
compensation awarded by the Tribunal towards pain and
suffering in a sum of Rs.50,000/- is enhanced to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
Rs.60,000/- and loss of amenities in a sum of Rs.25,000/-
is enhanced to Rs.40,000/-.
13. Claimant was admitted in the Hospital for 6
days. Considering the same, the Tribunal has rightly
awarded conveyance, attendant charges and nourishing
food in a sum of Rs.5,000/-. Considering the injuries
sustained loss of income during laid up period awarded by
the Tribunal in a sum of Rs.31,000/-, i.e., for 2 months
taking the income at Rs.15,500/- (notional income) is just
and proper.
14. P.W.4 has stated that the claimant had
sustained 45% disability to the lower limb and 14% to the
whole body. The avocation of the claimant is stated to be
factory worker, but, no proof is produced. Considering the
evidence of the Doctor and that the fractures are united,
functional disability is to be taken at 10%. In view of the
above, loss of future income due to disability is calculated
as under:
Rs.15,500/- x 12 x 18 x 10% = Rs.3,34,800/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
15. In view of the above, the total compensation
assessed is as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 60,000/-
02. Towards attendant,
conveyance charges, food
and nourishment etc.,
5,000/-
03. Towards loss of amenities 40,000/-
04. Towards loss of future 3,34,800/-
income due to disability
05. Toward loss of income 31,000/-
during laid up period
Total 4,70,800/-
16. The Tribunal which has assessed compensation
of Rs.1,11,000/- and deducted 50% towards contributory
negligence on the part of the claimant and only awarded
Rs.55,500/-. Therefore, in total compensation assessed at
Rs.4,70,800/-, 50% is to be deducted towards
contributory negligence of the claimant. Therefore,
claimant is entitled to total compensation of Rs.2,35,400/-
as against Rs.55,500/- as awarded by the Tribunal.
Therefore, the claimant is entitled to enhanced
compensation of Rs.1,79,900/- with interest at 6% per
annum from the date of petition till realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
Respondent No.1 is liable to pay enhanced compensation
with interest.
17. MFA NO.1228/2025 (MVC No.6931/2022) :
The claimant is pillion rider on the motor cycle and
there is no contributory negligence attributed to him and
therefore, he is entitled total compensation assessed.
18. The claimant has sustained the following
injuries as per Ex.P9 wound certificate:
i) Cut lacerated wound over the scalp of the frontal
region
ii) Abrasions on the right elbow
iii)Multiple abrasions both the upper and lower limb
P.W.3 -doctor has stated that the claimant has
sustained right glenoid rib fracture. Considering the said
injury sustained by the claimant, compensation awarded
by the Tribunal towards pain and suffering in a sum of
Rs.25,000/- is enhanced to Rs.40,000/- and loss of
amenities awarded in a sum of Rs.25,000/- is enhanced to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 13 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
Rs.30,000/-. The claimant has been admitted in the
hospital for 01 day and therefore, he is entitled to
attendant, conveyance charges, food and nourishment
etc., in a sum of Rs.1,000/- (Rs.1,000/- x 1day) as
against Rs.5,000/- as awarded by the Tribunal. The
Tribunal considering the said injuries has rightly awarded
loss of income during laid up period in a sum of
Rs.15,500/- (notional income).
19. P.W.3 -doctor who examined the claimant,
assessed his disability and stated that the claimant has
sustained 38% disability to the upper limb and 12.66% to
the whole body. Considering the age of the claimant and
his avocation, the functional disability is taken at 5%. The
multiplier applicable is ‘18’ and notional income taken at
Rs.15,500/- per month. Therefore, loss of future income
due to disability is calculated as under:
Rs.15,500/- x 12 x 18 x 5% = Rs.1,67,400/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 14 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
20. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 40,000/-
02. Towards attendant,
conveyance charges, food
and nourishment etc.,
1,000/-
03. Towards loss of amenities 30,000/-
04. Towards loss of future 1,67,400/-
income due to disability
05. Toward loss of income 15,500/-
during laid up period
Total 2,53,900/-
Since no contributory negligence is attributed to the
appellant -claimant as he was pillion rider. Therefore, he is
entitled to compensation assessed with interest. The
Tribunal has assessed total compensation of Rs.70,500/-
but has deducted 50% of it and awarded Rs.35,250/-.
Therefore, the claimant is entitled to total compensation in
a sum of Rs.2,53,900/- as against Rs.35,250/- as awarded
by the Tribunal with interest. Consequently, the claimant
is entitled to enhanced compensation of Rs.2,18,650/-
with interest at the rate of 6% per annum from the date of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 15 -
HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
petition till realization. Respondent No.2 -insurer is liable
to pay the said enhanced compensation with interest.
21. In view of the above, the following
ORDER
i) Both appeals are allowed in part.
ii) Contributed negligence attributed to the
claimant in MVC No.6930/2022 at 50% is
upheld.
iii) The claimant in MVC No.6930/2022 is entitled
to enhanced compensation of Rs.1,79,900/-
with interest at the rate of 6% per annum from
the date of petition till realization.
iv) The contributory negligence attributed to the
claimant in MVC No.6931/2022 is set aside.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58051
MFA No. 1235 of 2025
C/W MFA No. 1228 of 2025
CNR: KAHC010108542025
v) The claimant in MVC No.6931/2022 is entitled
to enhanced compensation of Rs.2,15,650/-
with interest at the rate of 6% per annum from
the date of petition till realization.
vi) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest in both
the claim petitions before the Tribunal within a
period of 06 weeks from this day.
vii) Both appellants -claimants are entitled to
release of entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
(SHIVASHANKAR AMARANNAVAR)
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
JUDGE
LRS,DSP
List No.: 1 Sl No.: 33
Ct.sm