Raja Vs Chandrashekar K N — Motor Accident Claims | Karnataka HC (2025)

Raja Vs Chandrashekar K N — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC:32028 MFA No. 1847 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

MISCELLANEOUS FIRST APPEAL NO. 1847 OF 2022 (MV-D)

BETWEEN:

RAJA

S/O CHIKKAIDEGOWDA, AGED ABOUT 42 YEARS, R/AT THOPPANAHALLI VILLAGE, K. HONNALAGERE POST, MADDUR TALUK, MANDYA DISTRICT-571 433

PUTTASWAMY T.H., S/O MALLAIAH, AGED ABOUT 54 YEARS, R/AT THOPPANAHALLI VILLAGE, K.HONNALAGERE POST, MADDUR TALUK, MANDYA DISTRICT-571 433

…APPELLANTS

Digitally signed by MEGHA MOHAN

Location: HIGH COURT OF KARNATAKA

(BY SRI. CHANDRASHEKAR H.B., ADVOCATE)

AND:

CHANDRASHEKAR K.N., S/O LATE NANEGOWDA, AGED ABOUT 53 YEARS,

SMT.THAYAMMA W/O CHANDRASHEKAR K N, AGED ABOUT 42 YEARS

ABHILASHA D/O CHANDRASHEKAR K.N., AGED ABOUT 23 YEARS

SHIVAKUMAR

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NC: 2025:KHC:32028 MFA No. 1847 of 2022

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S/O CHANDRASHEKAR K.N., AGED ABOUT 22 YEARS,

ALL ARE R/AT KRISHNAPURA VILLAGE, VIRUPAKSHAPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 138

…RESPONDENTS

(R1 TO R4- SERVED)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.02.2021 PASSED IN MVC NO.670/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MADDUR, MANDYA DISTRICT, AWARDING COMPENSATION OF RS.6,87,548/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT WITH THE TRIBUNAL.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL JUDGMENT

Aggrieved by the award passed in M.V.C.No.670/2018 dated 16.02.2021 passed by the Additional Senior Civil Judge and MACT, Maddur, Mandya District whereby the tribunal had granted an amount of Rs.6,87,548./-, the owner of the vehicle is before this court.

It is submitted that the tribunal had failed to consider fact that there is negligence on the part of the deceased who is 16 years old, who has no driving license to drive the vehicle and he has contributed to the accident. It is submitted that

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when it comes to compensation, the tribunal had not deducted the amount and the compensation that is awarded by the tribunal is on the higher side.

Though the notice is served on the respondent, no vakalath is filed on behalf of the respondent.

Having heard the learned counsel appearing for the petitioner, perused the entire material on record. This court has perused the award passed by the tribunal. As per the sketch i.e., Ex.P-2 at the time of the accident the tractor which is the offending vehicle has to be on the right side it is on the extreme left side of the road, which clearly shows that there is negligence on the part of the driver of the opposite vehicle. Just because he’s not having a valid driving license that itself cannot be a ground for the court to fix the contributory negligence on the deceased. In that view of the matter this court do not want to interfere with the findings of the tribunal.

Coming to the compensation in fact, in the light of the settled law, the tribunal has to take the notional income but in this case an amount of Rs.30,000/- per annum is taken. Even

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NC: 2025:KHC:32028 MFA No. 1847 of 2022

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on that count also this court is not going to interfere and there

is no appeal by the claimants.

i. Accordingly, the appeal is dismissed.

ii. The amount in deposit shall be forthwith transferred to the tribunal.

iii. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay.

iv. No Costs.

v. Pending miscellaneous petitions, if any, shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

TS

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