- 1 - NC: 2025:KHC:17727 MFA No. 162 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 162 OF 2024 (MV-D) BETWEEN: MANAGING DIRECTOR K.S.R.T.C., K. H. ROAD REP. BY ITS CHIEF LAW OFFICER K. H. ROAD, SHANTHINAGAR BENGALURU - 560027 …APPELLANT (BY SRI. G. LAKSHMEESH RAO, ADVOCATE) AND: 1. SMT. HASMATH UNNISA W/O. MOHAMMED MUSTAFA AGED ABOUT 67 YEARS R/AT: GANIGARA BEEDI GUBBI TOWN AND TQ. TUMAKURU DISTRICT - 572 216 2. 3. 4. SMT. SAYED UNNISA W/O. KHADAR PASHA AGED ABOUT 48 YEARS R/AT: OPPOSITE TO SUFIYA ENGLISH SCHOOL UPPARAHALLI, TUMAKURU-572 216 SMT. SADATH UNNISA W/O. AKTHAR PASHA AGED ABOUT 47 YEARS R/AT: OPPOSITE TO SUFIA ENGLISH SCHOOL UPPARAHALLI, TUMAKURU - 572 216. SMT. MOHAMMED HAMZA W/O. MOHAMMED MUSTAFA AGED ABOUT 52 YEARS R/AT: GANIGARA BEEDI GUBBI TOWN AND TALUK TUMAKURU DISTRICT - 572 216. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17727 MFA No. 162 of 2024 …RESPONDENTS (BY SRI. PRANAV RANI, ADVOCATE) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2023 PASSED IN MVC NO. 949/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, GUBBI, AWARDING COMPENSATION OF RS.8,10,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION OF ENTIRE COMPENSATION AMOUNT. THIS APPEAL, COMING ON FOR 'PART-HEARD', 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.949/2021 dated 12.01.2023 by the Court of the Senior Civil Judge and Addl. M.A.C.T-17 at Gubbi, the Corporation is before this Court questioning the quantum of compensation. 2. It is submitted that as per the Post Mortem Report, the age of the deceased was 75 years and the Tribunal had applied multiplier '5'. Further, the Tribunal had taken income at Rs.14,000/- which is on the higher side. Apart from the 'loss of love and affection', the Tribunal had granted again another sum of Rs.50,000/- on 'loss of consortium' and again on 'loss of estate' and 'funeral expenses' and all those heads are not available for the Court for granting compensation. It is submitted that the daughters were also considered as - 3 - NC: 2025:KHC:17727 MFA No. 162 of 2024 dependents and 1/4th is deducted. It is submitted that the daughters could not have been considered as dependents and the compensation that is awarded by the Tribunal is on the higher side. 3. On the last occasion, when the matter came up, there was no representation on behalf of the respondents and this Court has heard the counsel for the appellant and posted the matter today under the head 'part-heard'. Today also, there is no representation on behalf of the respondents and this Court is proceeding to pass the orders on the merits of the matter. 4. This court has perused the order passed by the Tribunal. The Tribunal had considered the age of the deceased at 70 and this Court finds no reason to deviate from the same. The income was considered at Rs.14,000/-. This court is taking the age at 70 years and the claimants are the two wives and the two daughters. The daughters cannot be considered as the dependents. Hence, 1/3rd has to be deducted towards 'personal expenses'. The salary is taken at Rs.14,000/-. 1/3rd is Rs.4,666/- and his contribution to the family would be - 4 - NC: 2025:KHC:17727 MFA No. 162 of 2024 Rs.9,333/-. The 'loss of dependency' would be Rs.5,59,980/- (Rs.9,333 x 12 x 5). The claimants being the two wives and two daughters, they would each be entitled to a sum of Rs.44,000/- towards 'loss of consortium' i.e., in all Rs.1,76,000/- and they would also be entitled to a sum of Rs.36,000/- under the 'funeral expenses'. 5. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimants are entitled for an amount of Rs.10,000/- towards legal expenses. 6. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of dependency : Rs. 6,30,000.00 5,59,980.00 2. Loss of love and affection : Rs. 80,000.00 -- 3. Funeral expenses : Rs. 25,000.00 36,000.00 4. Loss of estate : Rs. 25,000.00 -- 5. Loss of consortium : Rs. 50,000.00 1,76,000.00 5. Legal Expenses : Rs. -- 10,000.00 TOTAL : Rs. 8,10,000.00 7,81,980.00 Rounded off to : Rs. -- 7,82,000.00 1 (2014) 11 SCC 178 - 5 - NC: 2025:KHC:17727 MFA No. 162 of 2024 7. Altogether, the claimants are entitled for compensation of an amount of Rs.7,82,000/-. 8. Accordingly, the appeal of the Corporation is partly allowed by reducing the compensation from an amount of Rs.8,10,000/- to Rs.7,82,000/-. i) The amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The appellant - Corporation shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security. iv) Amount in deposit shall be forthwith transferred to the Tribunal. v) No costs. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 4 Sl No.: 3