IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH AT DHARWAD

DATED THIS THE 27^TH DAY OF AUGUST 2021

BEFORE

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

MFA NO.23268/2010 (MV-D)

BETWEEN :

1.

BEERAPPA S/O GUDDAPPA BANAKAR

AGE: 56 YEARS, OCC: AGRICULTURE,

2.

SMT. PARVATEVVA W/O BEERAPPA BANAKAR,

AGE: 51 YEARS, OCC: HOUSEHOLD,

BOTH R/O AGASANAHALLI, TQ. BYADAGI,

DIST. HAVERI.

...APPELLANTS

(BY SRI.M.H.PATIL, ADVOCATE)

AND:

1.

GORAVA KUMAR

S/O SH. JAGANNATH SHARMA

AGE: 50 YEARS, OCC: BUSINESS,

R/O CHHOTU RAM CHOWK, BAWALHPA,

M/S CIII CORPORATION FINANCE INDIA LTD.,

REWARI, HARYANA.

2.

THE DIVISIONAL MANAGER,

NEW INDIA ASSURANCE CO. LTD.,

A.M. ARCADE, C.G. HOSPITAL ROAD,

DAVANGERE.

… RESPONDENTS

(BY SRI.S.S.KOLIWAD, ADV. FOR R2

NOTICE TO R1 DISPENSED WITH)

2

THIS MFA IS FILED UNDER SECTION 173(1) OF

MOTOR VEHICLES ACT, 1988, PRAYING THIS COURT TO

CALL FOR RECORDS FROM THE CIVIL JUDGE (SR.DN) &

ADDL.

MACT

&

ITINERATE

COURT,

BYADGI

AND

MODIFY THE JUDGMENT AND AWARD PASSED BY THE

LEARNED

JUDGE

IN

MVC

NO.458/2005

DATED

08.05.2009 AND ENHANCE THE COMPENSATION AS

PRAYED FOR BY ALLOWING THIS APPEAL.

THIS APPEAL COMING ON FOR FINAL HEARING

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

: JUDGMENT :

The

present

appeal

is

filed

by

the

claimants challenging the judgment and award

passed in MVC No.458/2005, dated 08.05.2009

by the Court of Civil Judge (Sr.Dn) & MACT &

Itenerate

Court,

Byadgi,

(for

short

‘the

Tribunal’)

seeking

enhancement

of

the

compensation.

2. For the sake of convenience, the status

of the parties shall be referred as before the

trial Court.

3. The brief facts of the case are:

It is stated that on 24.09.2004 at about

6.00

p.m.,

the

deceased

Babanna

S/o:

3

Beerappa Banakar, was going on motor cycle

bearing registration No.CRX/7218 as a pillion

rider along with his friends at Bangalore on

Sarjapur road, Near Ibalur, at that time one

truck

bearing

registration

No.KR-47/A-8593

driven by its driver in a rash and negligent

manner endangering to human life came from

behind and hit the motorcycle and caused the

accident. In the said accident, the injured

Babanna

has

sustained

fatal

injuries

and

succumbed to the injuries on the spot. The

claimants being the father and mother of

deceased

have

filed

claim

petition

under

Section 166 of Motor Vehicle Act (for short

M.V.Act,) on account of the death of their son.

After appreciating the evidence on record, the

Tribunal has awarded the compensation of

Rs.1,61,000/- along with interest @ 6% p.a.

from the date of petition till its realization.

Further, the Tribunal has observed that there is

4

contributory negligence on the part of the rider

of the motorcycle on the ground that there

were three persons riding on the motorcycle.

Therefore,

50%

of

the

total

determined

compensation is deducted towards contributory

negligence on the part of the rider of the

motorcycle. Being aggrieved by the lesser

amount

of

compensation

awarded

by

the

Tribunal, the claimants have preferred the

present appeal and prays for enhancement of

compensation.

4. Learned

counsel

for

the

appellants

submitted that the approach of the Tribunal in

holding that rider of the motorcycle has also

contributed 50% of the negligence as there

were three persons riding on the motorcycle is

not correct for the reason that as per FIR and

complaint, it is proved that the lorry came from

backside and dashed the behind portion of the

motorcycle. Therefore, rider of the motorcycle

5

was not at all found negligent and rashness

considering, the manner in which the accident

was occurred. Hence, submitted that deduction

of 50% towards contributory negligence is not

correct. Further submitted that the Tribunal

has adopted multiplier 13, based on the age of

mother of the deceased, which is not corr