- 1 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5428/2019 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 9431/2018 (MV-I) IN MFA No. 5428/2019 BETWEEN: 1. SRI RATHNAKAR SUBRAY SHET S/O SUBRAY SHET, AGED ABOUT 69 YEARS 2. SMT SAROJA R D/O RATNAKAR SHET AGED ABOUT 59 YEARS 3. SRI R NAGARAJ S/O RATNAKAR SHET AGED ABOUT 34 YEARS 4. SMT SHOBHA W/O JAYANANDA AGED ABOUT 29 YEARS ALL ARE RESIDING MAHALASA NILAYA HOUSE OF PRAKASH, M K K ROAD, SHIMOGGA CITY TALUK AND DISTRICT - 577201 …APPELLANTS (BY SMT.KAMALA, ADVOCATE FOR SRI. M V MAHESWARAPPA, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 AND: 1. THE DEPOT MANAGER K S R T C, NORTH EAST KARNATAKA ROAD TRANSPORT RAICHUR DIVISION - 1, RAICHUR DIVISION RAICHUR- 584101 2. MANJUNATHA S/O SHARANAPPA AGED ABOUT 32 YEARS R/O HIREUPPERI, LINGASUGUR TALUK RAICHUR DISTRICT - 584101 …RESPONDENTS (BY SRI.F.S.DABALI, ADVOCATE FOR R1; V/O DTD: 22.1.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.09.2018 PASSED IN MVC NO. 1120/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT-VII, SHIVAMOGGA, PERUSED THE JUDGMENT AND AWARD, TO SET ASIDE MODIFIED AND ENCHANCE THE COMPENSATION, AS PRAYED IN THE CLAIM PETITION. IN MFA NO. 9431/2018 BETWEEN: THE DEPOT MANAGER, K.S.R.T.C NORTH-EAST KARNATAKA ROAD TRANSPORT, (NEKRTC), RAICHUR DIVISION-1, RAICHUR DIVISION, RAICHUR-584 101 (KSRTC BUS BEARING REGN. NO.KA.36.F.1080) - 3 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 REPRESENTED BY ITS CHIEF LAW OFFICER ...APPELLANT (BY SRI. F S DABALI, ADVOCATE) AND: 1. RATHNAKAR SUBRAY SHET S/O SUBRAY SHET, AGED ABOUT 68 YEARS, OCC:AGRICULTURIST 2. SAROJA R W/O RATHNAKAR SHET, AGED ABOUT 58 YEARS OCC:HOUSE WIFE 3. R NAGARAJ S/O RATHNAKAR SHET, AGED ABOUT 33 YEARS OCC:CONDIMENTS SHOP KEEPER 4. SMT SHOBHA W/O JAYANANDA, AGED ABOUT 28 YEARS OCC:HOUSE WIFE RESPONDENTS NO.1 TO 4 ARE R/O MAHALASA NILAYA, HOUSE OF PRAKASH, M.K.K.ROAD, SHIVAMOGGA CITY TALUK & DISTRICT-577 201 5. MANJUNATHA S/O SHARANAPPA, AGED ABOUT 31 YEARS - 4 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 OCC:DRIVER, KSRTC R/O HIREUPPERI, LINGASUGUR TALUK, RAICHUR DISTRICT-584 122 ...RESPONDENTS (BY SMT.KAMALA, ADVOCATE FOR SRI.M.V.MAHESHWARAPPA, ADVOCATE FOR R1-R3; R4 SERVED & UNREPRESETED; V/O DTD 7.2.19, NOTICE TO R5 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.09.2018 PASSED IN MVC NO.1120/2015 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE & ADDITIONAL MACT - VII SHIVAMOGGA, IN RESPECT OF FIXING THE ENTIRE LIABILITY ON THE APPELLANT AND ALSO QUANTUM OF AWARD AMOUNT, WHICH IS AT HIGHER SIDE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT These two appeals are preferred challenging the judgment and award dated 06.09.2018 passed in MVC.No.1120/2015 on the file of the I Addl.Senior Civil Judge and Addl.MACT-VII, Shivamogga (for short ‘the tribunal’). - 5 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 2. The appeal preferred by the claimants is due to inadequate and meager compensation awarded by the tribunal, whereas the appeal preferred by the Corporation is for setting aside the impugned judgment and award and to fasten contributory negligence as against the deceased himself. 3. Parties to the appeal shall be referred to as per their status before the tribunal. 4. It is the case of the appellants that one Ravi R.Raiker was traveling on his motor bike, at that time a KSRTC bus bearing registration No.KA-36-F-1080 came in a rash and negligent manner and dashed against his motor bike, leading to the occurrence of accident. Due to the impact of the accident, the rider died on the spot. The claimants who are parents and siblings of the deceased filed claim petition seeking compensation against the respondent/KSRTC and the driver. 5. On the basis of materials placed on record, oral and documentary, the tribunal has awarded total - 6 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 compensation of Rs.9,21,400/- and deducted Rs.50,000/- which was paid as exgratia payment and thereby awarded Rs.8,21,400/- as compensation along with 6% interest per annum. Respondent No.1 was directed to pay the compensation being the self insurer. It is the contention of learned counsel for appellants that the tribunal has awarded inadequate compensation has not considered the materials placed on record with regard to income and so also has not added future prospects. So also it is contended that the consortium awarded by the tribunal is on the lower side which requires enhancement. On these grounds appellants seeks to allow the appeal and consequently enhance the compensation. 6. Per contra, learned counsel representing the respondent – Corporation who has also preferred an appeal questioning the impugned judgment and award contends that the tribunal has awarded exorbitant compensation and the income taken by the tribunal is correct, as no documentary proof is produced. So also - 7 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 under the head of consortium, love and affection, compensation awarded is reasonable, as the claimant Nos.3 and 4 would not be entitled to consortium, as they are siblings and they are not dependents on the deceased. On these grounds, he seeks to allow his appeal and dismiss the appeal preferred by the claimants. It is also contended that the deceased himself was responsible and negligent for occurrence of the accident. Therefore, he contends that contributory negligence ought to have been saddled at 50% as against the deceased himself for coming in the wrong side which was not done by the tribunal. Hence, impugned judgment and award is liable to be set aside. 7. I have given my thoughtful consideration to the arguments advanced by the learned counsel for the parties and perused the materials on record. 8. I have heard learned counsel for the claimants and learned counsel for the Corporation. The occurrence of the accident, involvement of the vehicle in death having - 8 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 occurred due to road traffic accident are proved by production of Exs.P1 to Ex.P12. The police records clearly depicts the negligence as against the driver of the KSRTC bus, which has not been questioned. The driver of the KSRTC bus has been examined as RW-1. No evidence is forthcoming with regard to the negligence contributed by the deceased himself. Therefore, the negligence fastened as against the driver of the KSRTC bus is correct and does not call for interference. 9. Now coming to the aspect of age, avocation and income, the multiplier and the deduction, the deceased was aged 31 years as on the date of occurrence of the accident. The multiplier adopted '16' is correct and does not call for interference. The income as taken by the tribunal is Rs.6,000/- per month, whereas as per the notional income as per the Legal Services Authority chart the income is required to be taken as Rs.9,000/-. Accordingly, it is taken as Rs.9,000/-. The tribunal has awarded 40% towards future prospects, considering the - 9 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 age of deceased to be 31 years and deducted 50% towards personal and living expenses. These two aspects do not call for any interference. Therefore, the income would be Rs.9,000/-. 50% towards personal and living expense has to be deducted, which would come to Rs.4,500/- (Rs.9,000/- - 50%) and 40% towards future prospects has to be added, which would come to Rs.6,300/- (Rs.4,500/- + 40%). Therefore, the claimants are entitled to the compensation of Rs.12,09,600/- (Rs.6,300/- x 12 x 16) towards loss of dependency as against Rs.8,06,400/-. 10. Towards love and affection/consortium, the tribunal has awarded Rs.70,000/-. There are two dependents i.e., parents each should be entitled for Rs.40,000/- per head. Hence, Rs.80,000/- compensation is awarded under this head with escalation of 20% + Rs.16,000/- as per decision in National Insurance Company Limited -vs- Pranay Sethi and others - 10 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 reported in (2017)16 SCC 680. In all, the claimants are entitled for Rs.96,000/- towards loss of consortium. 11. The tribunal awarded Rs.15,000/- towards loss of estate. The tribunal has also awarded Rs.30,000/- towards transportation of dead body, funeral expenses and miscellaneous charges, which is reduced to Rs.15,000/-. In all, it comes to Rs.30,000/- and 20% escalation on the same is to be awarded under this head, which would come to Rs.36,000/- (Rs.30,000/- + 20%). 12. The tribunal has rightly deducted Rs.50,000/- which was paid as exgratia amount by the Corporation and the same is retained. 13. In view of the above discussions, the claimants would be entitled to total compensation of Rs.12,91,600/- as against Rs.8,71,400/- awarded by the tribunal, as mentioned in the table below: - 11 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 Sl. No. Head of compensation Amount of compensation awarded 1 Loss of dependency 12,09,600 2 Loss of consortium 96,000 3 Loss of estate, transportation of dead body, funeral expenses, etc 36,000 Total 13,41,600 Deduction towards Exgratia 50,000 TOTAL 12,91,600 14. Accordingly, I pass the following: O R D E R i) The appeal preferred by claimants is allowed in part. ii) The appeal preferred by the Corporation is dismissed. iii) The impugned Judgment & Award dated 06.09.2018 passed by the I Addl.Senior Civil Judge & Addl.MACT-VII, Shivamogga in MVC No.1120/2015, is modified. iv) The appellants/claimants would be entitled to total compensation of Rs.12,91,600/- as against Rs.8,71,400/- awarded by the tribunal along with interest at 6% per annum. - 12 - NC: 2025:KHC:5749 MFA No. 5428 of 2019 C/W MFA No. 9431 of 2018 v) The appellants would not be entitled for interest for the delayed period of 210 days. vi) The enhanced compensation amount shall be paid by the Corporation within a period of four weeks from the date of receipt of copy of this judgment along with interest at 6% per annum. vii) All other terms and conditions stipulated with regard to apportionment and release of the amount is retained, including the Fixed Deposit. The amount in deposit before this Court shall be transmitted to the jurisdictional tribunal forthwith. viii) The compensation amount shall be released in favour of the appellants-claimants as per the terms of the tribunal by Electronic transfer to the claimants upon furnishing the required bank details/upon proper identification. ix) Registry is directed to transmit the original records to the jurisdictional tribunal forthwith. Sd/- (PRADEEP SINGH YERUR) JUDGE RR List No.: 1 Sl No.: 3