IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.2050 OF 2023 (MV-D)

BETWEEN:

1. SRI. RAVIKUMAR. K S/O KRISHNAPPA, AGED ABOUT 50 YEARS, 2. SMT GOWRAMMA D/O KALAPPA, W/O RAVIKUMAR K, AGED ABOUT 49 YEARS, BOTH ARE RESIDING AT:

DODDA KURUBARAHALLI VILLAGE, IBASAPURA, DEVANAHALLI TALUK, BENGALURU RURAL-560 001.

…APPELLANTS Digita lly signed (BY SRI. GURUDEV PRASAD K.T., ADVOCATE)

by ANNAPURNA G AND:

Location: HIGH

1. M/S RELIANCE GEN.INS.CO.LTD., COURT OF MOTOR CLAIMS HUB, KARNATAKA NO.28, 5^TH FLOOR, CENTENARY BUILDING, EAST WING, NEAR CITI BANK, M.G. ROAD, BENGALURU -560 001.

BY ITS MANAGER.

2. SRINIVAS N.M S/O MUNICHOWDAPPA, 10^TH WARD, NILERI BIDALUR, DEVANAHALLI TALUK, BENGALURU RURAL -560 001.

…RESPONDENTS (BY SRI. ASHOK N.PATIL, ADVOCATE FOR R1, VIDE ORDER DATED 13.10.2023, NOTICE TO R2 IS DISPENSED)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2022 PASSED IN MVC NO. 3993/2021 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M, MEMBER, M.A.C.T,. MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

This appeal is filed by the claimant being aggrieved by the judgment and award dated 02.11.2022 passed by the V Additional Small Causes Judge & Member, MACT, Bengaluru in M.V.C.No.3993/2021 (for short 'the Tribunal'), seeking enhancement of compensation.

2. The parties are referred to as per their rankings before the Tribunal.

3. The brief facts of the case are that, on 26.08.2021 at about 7.15 p.m., the deceased Kiran was riding a motorcycle bearing registration No.KA-43-R-4859 at Sulibele Ibasapura road; near Arasanahalli, he met with an accident due to rash and negligent driving of lorry bearing registration No.AP-01-Y- 592. As a result, he sustained grievous injuries and succumbed to the injuries.

4. As per the claim petition, the deceased was aged about 18 years and he was a student studying in a P.U. College. The claimants are his parents. With these reasons, they prayed to award compensation of Rs.20,00,000/-.

5. Respondent No.1 was the insurer and respondent No.2 was the owner of the said vehicle. Respondent No.1 in its written statement denied the petition averments and denied its liability to pay the compensation and it also contended that the accident occurred due to negligence of the deceased. He was a minor and was not having driving license. Therefore, there was no negligence on the part of the driver of the offending vehicle.

With these reasons, prayed to dismiss the claim petition.

6. The Tribunal framed necessary issues, recorded the evidence and on appreciation of the materials on record, held that accident occurred due to contributory negligence of deceased as well as driver of the offending vehicle in the ratio of 35%:65%. The Tribunal assessed income of the deceased as Rs.14,500, added 40% income towards future prospects, deducted 50% of the amount towards personal expenses and awarded following amount of compensation.

7. The claimants preferred this appeal mainly on two grounds. One is that the deceased had not at all contributed for the accident in question as he was going on the left side of the road and the driver of the lorry, who was going ahead of the motorcycle suddenly stopped the vehicle. In these circumstances, the deceased, without any alternative, had to hit the back side of the offending vehicle. Therefore, question of the negligence of the deceased does not arise. Secondly, it is contended that income of the deceased was taken by the Tribunal is on the lower side. As per the notional income chart prepared by KSLSA, income ought to be taken as Rs.15,000/- per month. The deceased was studying in PUC. Therefore, his income has to be assessed sligh