Case Note & Summary
The appellants, legal heirs of deceased P. Ramesh, filed an appeal under Section 173(1) of Motor Vehicles Act, 1988 (MV Act) against the Tribunal's award of Rs. 18,12,732 with 6% interest, which attributed 40% negligence to the deceased. The accident occurred on 21.08.2022 when P. Ramesh's car dashed against a parked tractor-trailer without signals. The High Court reassessed the deceased's income at Rs. 15,000 per month with 50% future prospects, applied the correct multiplier, and modified contributory negligence to 20% for the deceased and 80% for the tractor-trailer driver. The Court enhanced the compensation to Rs. 28,80,000 and increased the interest rate to 7.5% per annum. The appeal was partly allowed with modifications.
Headnote
The High Court of Karnataka at Bengaluru heard Miscellaneous First Appeal filed under Section 173(1) of Motor Vehicles Act, 1988 (MV Act) -- The appellants challenged the judgment and award dated 06.02.2024 in MVC No. 5539 of 2022 -- The Tribunal had awarded Rs. 18,12,732 with 6% interest, attributing 40% negligence to the deceased -- The Court considered issues of income assessment, future prospects, contributory negligence, and interest rate -- Held that the deceased's income should be Rs. 15,000 per month with 50% future prospects -- Modified contributory negligence to 20% for the deceased and 80% for the tractor-trailer driver -- Enhanced compensation to Rs. 28,80,000 with 7.5% interest -- Paragraph references: Paras 3, 4, 8, 9, 10, 11, 12, 13, 14, 15
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Issue of Consideration: The Issue of consideration was whether the compensation awarded by the Motor Accident Claims Tribunal was adequate and whether the apportionment of contributory negligence was correct
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Final Decision
The High Court partly allowed the appeal, modified the compensation to Rs. 28,80,000, apportioned contributory negligence as 20% for deceased and 80% for tractor-trailer driver, and enhanced interest to 7.5% per annum
2026 LawText (KAR) (01) 39
MISCELLANEOUS FIRST APPEAL NO. 5150/2024 (MV-D)
Hon'ble Mrs. Justice P Sree Sudha
Sri. Kailas Shankar, Sri. D. Vijayakumar
Smt. P. Lavanya, Kumari P. Srivani, Master P. Srihari, Smt. Chinna Nakkala Ramakka
M/s. Nagamma Transport, The Manager, The Cholamandalam MS General Insurance Company Ltd.
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Nature of Litigation: Appeal against compensation award in motor accident claim case
Remedy Sought
Appellants sought enhancement of compensation awarded by the Tribunal
Filing Reason
Dissatisfaction with the Tribunal's award amount, negligence apportionment, and interest rate
Previous Decisions
Tribunal awarded Rs. 18,12,732 with 6% interest, attributing 40% negligence to deceased P. Ramesh
Issues
Whether the compensation awarded by the Tribunal was adequate under MV Act
Whether the apportionment of contributory negligence was correct
Whether the interest rate of 6% was appropriate
Submissions/Arguments
Appellants argued that deceased's income was Rs. 25,000 per month, Tribunal took Rs. 14,980, future prospects should be 50%
Appellants contended that tractor-trailer was parked without signals, negligence should be solely on its driver
Respondent argued jurisdictional issue but failed to raise it timely
Respondent contended that deceased was driving at high speed, contributory negligence applicable
Ratio Decidendi
In motor accident cases, compensation must be just and reasonable considering income, future prospects, and multiplier -- Contributory negligence should be assessed based on facts like parking without signals and driving speed -- Interest rates should reflect current economic conditions
Judgment Excerpts
Held that the deceased's income should be taken as Rs. 15,000 per month with 50% future prospects
Held that contributory negligence is modified to 20% for the deceased and 80% for the tractor-trailer driver
Held that the interest rate is enhanced to 7.5% per annum from the date of petition till realization
Procedural History
Accident occurred on 21.08.2022 -- Claim petition filed in MVC No. 5539 of 2022 -- Tribunal awarded compensation on 06.02.2024 -- Appeal filed under Section 173(1) of MV Act on 23.01.2026 -- High Court heard arguments on 20.01.2026 and pronounced judgment on 23.01.2026
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