IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO.6580 OF 2024 (MV-D)

BETWEEN:

1. SRI DEVANNA NAYAK S/O. CHANDRA NAYAK, AGED ABOUT 67 YEARS, 2. SMT. SUJATHA NAYAK, W/O. DEVANNA NAYAK, AGED ABOUT 60 YEARS, BOTH ARE RESIDING AT HOUSE NO.5-316, D igitally KUDENCHA BETTU, HIRGANA, signed by KARKALA TALUK, GEETHA P G UDUPI DISTRICT-574 104.

Location:

…APPELLANTS HIGH COURT OF (BY SRI. NAGARAJA HEGDE, ADVOCATE)

KARNATAKA AND:

SRI CHANDRA SHEKAR (DEAD)

S/O SHYAM POOJARY, AGED ABOUT 55 YEARS, R/O. D.NO.1/61, BANDUBETTU, 41 SHIRURU, BRAHMAVARA, UDUPI TALUK AND DISTRICT-573 213. (THE LEGAL REPRESENTATIVES OF THE RESPONDENT NO.1 DID NOT BRING ON RECORD BEFORE THE CLAIMS TRIBUNAL AND HENCE THE LR'S OF THE RESPONDENT NO.1 HAVE NOT MADE AS PARTY TO THIS APPEAL)

1. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SHRI VIDYA POORNA COMPLEX, NEAR HEAD POST OFFICE, UDUPI TALUK AND DISTRICT-573 213 REP. BY ITS DIVISIONAL MANAGER.

…RESPONDENT (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR RESPONDENT NATIONAL INSURANCE CO. LTD.)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 28.11.2023, PASSED BY THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL AND PRINCIPAL SENIOR CIVIL JUDGE AND CJM., UDUPI IN MVC NO.226/2021 AND AWARD JUST AND REASONABLE COMPENSATION CONSIDERING THE GRAVITY AND OTHER SURROUNDING CIRCUMSTANCES, WHICH IS PRODUCED AT ANNEXURE-A, ETC.

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

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The claimants who are parents of the deceased Santhosh Nayak are before this Court in this appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 28.11.2023 passed in MVC No.226/2021 on the file of the Additional Motor Accidents Claims Tribunal and the Principal Senior Civil Judge and CJM, Udupi, with a prayer to enhance the compensation.

2. The brief facts of the case are that, the parents of the deceased Santhosh Nayak filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the accidental death of their son in a road traffic accident that occurred on 24.03.2019 involving motorcycle bearing registration No.KA-20/ER-0100 and a Car bearing registration No.KA-10/Z-7810. It is stated that the deceased was aged 29 years as on the date of the accident and was working as Mechanic earning good salary in terms of Ex.P18 at United Arab Emirates.

3. On issuance of notice, the respondent-Insurance Company appeared and filed its written statement. The respondent- Insurance Company has denied the factum of accident and the negligence attributed to the insured vehicle. It has also denied the entire claim petition averments. It is further stated that the accident occurred solely due to the negligence of the rider of the motorcycle and as there has been violation of the policy conditions, the insurer is not liable. It is also stated that the deceased was not wearing helmet. The insurer also contended that there is no nexus between the accidental injuries and death as the accident had taken place on 24.03.2019 and the deceased died on 31.07.2020. With the above, the insurer prayed to dismiss the petition.

4. Before the Tribunal, the claimants to prove their case, claimant no.2/mother of the deceased examined herself as PW.1 and the Doctor was examined as PW.2, apart from marking Exhibits-P1 to P23. No evidence was let in on behalf of the respondent-Insurance Company.

5. The Tribunal, on appreciation of the material on record, awarded a total compensation of Rs.21,64,000/- on the following heads:

6. While awarding the above compensation, the Tribunal assessed the notional income of the deceased