IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 641 OF 2022 (MV-D)

BETWEEN:

1. SRI. APPAJI S/O BUTTAPPA @ GUTTAPPA AGED ABOUT 48 YEARS, 2. SMT. REKHA C W/O APPAJI AGED ABOUT 39 YEARS BOTH ARE R/AT NO.37/2 KRISHNA REDDY COMPLEX IST CROSS, DEVASANDRA MAIN ROAD, NANJAMMA LAYOUT, K.R. PURAM BENGALURU - 560 048.

Digitally signed …APPELLANTS by SHARADAVANI (BY SRI. GURUDEV PRASAD K.T, ADVOCATE)

B Location: High Court of AND:

Karnataka

1. THE MANAGER M/S SBI GENERAL INSURLANCE CO. LTD., MOTOR CLAIMS HUB NO.3/1, GROUND FLOOR, RUKMINI TOWERS, NEAR SWATHI HOTEL PLATFORM ROAD, SHESHADRIPURAM BENGALURU - 560 026.

2. MR. SREENIVASA MOORTHY, S/O VISWANATHA SARMA NO.28, FLAT 112, NISH 7 APRTS, 1ST CROSS, ASHWATHNAGAR, RMV 2ND STAGE, BENGALURU - 560 094.

…RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R1;

SRI. GANESH BHAT Y.H, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.05.2019 PASSED IN MVC NO.7098/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-19), 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 UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimants being aggrieved by the judgment and award dated 10^th May 2019, passed by the XV Additional Small Causes Judge and XXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-19) (for short `Tribunal'), in MVC No.7098/2018, seeking enhancement of compensation.

Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The Brief facts of the case are that, on

24.10.2018,at about 8.10 p.m., while the deceased was proceeding as a pillion rider on a motorcycle bearing registration No.KA-53/EU-9803, he met with an accident by involvement of a car bearing registration No.KA-04/MP- 1364. Due to the impact, the deceased sustained grievous injuries and while undergoing treatment, he succumbed to injuries on 09.11.2018. It is further contention of the appellants that the deceased was aged about 16 years and was studying in the 1^st year PUC. The claimants have spent substantial amount towards treatment charges. With these reasons, they prayed to award compensation of Rs.20,00,000/-.

4. Respondents denied petition averments and further contended that the rider of the motorcycle was responsible for the accident. They also disputed their liability to pay the compensation. With these reasons, prayed to dismiss the claim petition.

5. From the rival contentions of the parties, the Tribunal framed necessary issues, for its determination.

6. The claimants to prove their case examined one witness as PW-1 and marked 20 documents, as per Exs.P- 1 to P-20. Respondents examined one witness as RW-1 and marked documents as Exs.R-1 to R-4.

7. The Tribunal after hearing both parties and appreciating the materials available on record, held that the accident occurred due to contributory negligence of rider of the motorcycle as well as the driver of the car and apportioned the negligence in the ratio of 10:90. The Tribunal has assessed the age of the deceased as 16 years, the age of his youngest parent as 38 years, notional income as Rs.30,000/- per annum, applied the multiplier '15' and awarded the following amount of compensation:

8. I have heard the arguments of learned counsel for the both sides.

9. The fact of the accident and death of said minor boy-Mr.Pavan Kumar A., is not in dispute. The said boy was undoubtedly aged about 16 years and he was an adolescent studying in the PUC 1^st year. Therefore, the principle of law laid down in the case of Kishan Gopal and Ors Vs. Lala and Ors, in Civil Appeal No.7137/2013 deci