IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 115 OF 2016 (MV-I)

BETWEEN:

SRI. K. SRINIVASA MURTHY, S/O. KEMPE GOWDA, AGED ABOUT 39 YEARS, RESIDING AT NO.12, "LAKSHMI VENKATESHWARA NILAYA", 6^TH CROSS, MUNESHWARA LAYOUT, KUDLU, BANGALORE - 560 068.

…APPELLANT (BY SRI. H E GUNDE GOWDA, ADVOCATE)

AND:

1. M/S. RELIANCE GENERAL, INSURANCE CO LTD., Digitally Signed by NO.3, 1^ST FLOOR, REKHA R MANADI PLAZA, Location : ST MARKS ROAD, High Court BANGALORE – 560 001.

of Karnataka (INSURER OF TATA 407 GOODS CARRYING VEHICLE BEARING NO.KA-51-1401, POLICY NO. 140372334000428, POLICY SERVING OFFICE: 1^ST FLOOR, MYSORE TRADE CENTRE, OPP KSRTC BUS STAND, MYSORE - 570 001.

VALID FROM 09/10/2012 TO 08/10/2013)

(BY SRI H.N. KESHAVA PRASANTH ADV.)

2. MR. RAJESH, NO.8, 2^ND MAIN, SAMIRAPURA, KEMPE GOWDA NAGAR, BANGALORE - 560 019.

(R.C. OWNER OF TATA 407 GOODS CARRYING VEHICLE, BEARING NO. KA-51-1401)

(BY PADMA PRASAD.B.N ADV.)

…RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R1, VIDE ORDER DATED 21.11.2019 NOTICE TO R2 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.10.2015 PASSED IN MVC NO.2182/13 ON THE FILE OF THE 20^TH ADDITIONAL SMALL CAUSES JUDGE (SCCH-22), MEMBER, MACT, BENGALURU, 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 T.M.NADAF

ORAL JUDGMENT

Heard Sri.H.E.Gunde Gowda, learned counsel appearing for appellant and Sri.H.S.Lingaraju, learned counsel for respondent No.1-Insurer. Vide order dated

21.11.2017, notice to respondent No.2 is dispenses with.

2. The claimant is in appeal seeking for enhancement of compensation arising out of judgment and award dated 05.10.2015 in MVC.No.2182/2013 passed by the Motor Accident Claims Tribunal and XX Additional Small Causes Judge, Bengaluru (SCCH-22) (‘Tribunal’ for short).

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

4. In an accident occurred on 02.03.2013, the claimant, who was rider of motorcycle met with an accident due to the rash and negligent driving by driver of TATA 407 Goods carrying vehicle bearing registration No.KA-51-1401. The police having registered a complaint after investigation filed charge sheet against the driver of the TATA 407. In the accident the claimant had suffered the following injuries:

“Tenderness + Crepatues + over the right wrist pain in nasal bridge. Right Wrist –Fracture of distal 1/3^rd of right radius with distal displacement of fragments, B/L Nasal bones undisplaced fracture of both nasal bones.”

5. The Tribunal after considering the entire material place before it, awarded a total compensation of Rs.2,20,000/- along with 8% interest per annum from the date of petition till realization. However the Tribunal has not awarded any compensation under the head ‘Loss of income due to disability’, on the premise that in the cross examination, the claimant has admitted that he is still continuing his job as Data Operator and earning Rs.13,000/- per month. However the Tribunal considering the entire case awarded compensation under various heads.

6. The Tribunal further while answering issue No.1 held that the claimant to the question regarding his DL stated that he is having a Driving License and is not produced in the case. On this the Tribunal has taken an adverse inference stating that when there is no Driving License, it is not only an offence, but it can also be presumed that rider do not know how to ride a two wheeler properly. Accordingly, fixed contributory negligence at the rate of 25%, relying on the judgment of the Coordinate Bench of this Court in MFA.No.30284/2008 dated 05.12.2012. Calling in question the finding of contributory negligence as well as on the quantum of compensation, the claimant is before this Court in this app