- 1 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3875 OF 2021 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 380 OF 2023 (MV-D) IN MFA No. 3875/2021: BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION THE MANAGING DIRECTOR MYSURU DIVISION NEAR BANNIMANTAP MYSURU - 570 001. …APPELLANT (BY SRI. KARTHIKEYAN B S. AND RAMYA N. HIRIYUR, ADVOCATES) AND: 1. SMT. SUMITHRA W/O NANJAPPACHARI AGED ABOUT 33 YEARS 2. SRI NANJAPPACHARI S/O VISHAKANTHACHARI AGED ABOUT 45 YEARS 3. SRI NAVEEN S/O NANJAPPACHARI AGED ABOUT 19 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 4. KUM. NIMITHA D/O NANJAPPACHARI AGED ABOUT 19 YEARS ALL ARE R/AT MADHUGIRI KOPPALU BANNIKUPPE POST, HUNSUR, MYSURU TALUK AND DISTRICT - 571 105. …RESPONDENTS (BY SRI. BHANU PRAKASH H V.,ADVOCATE FOR R1 TO R4) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED 29.01.2021 PASSED IN MVC NO. 1045/2018 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.19,99,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 380/2023: BETWEEN: 1. SMT. SUMITHRA W/O NANJAPPACHARI AGED ABOUT 35 YEARS (MOTHER OF DECEASED) 2. SRI NANJAPPACHARI S/O VISHAKANTHACHARI AGED ABOUT 47 YEARS (FATHER OF DECEASED) 3. SRI NAVEEN S/O NANJAPPACHARI - 3 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 AGED ABOUT 21 YEARS (BROTHER OF DECEASED) 4. NIMITHA D/O NANJAPPACHARI AGED ABOUT 21 YEARS (SISTER OF DECEASED) ALL ARE R/AT: MADHUGIRI KOPPALU BANNIKUPPE POST, HUNSUR, MYSURU TALUK AND DISTRICT -571105. ...APPELLANTS (BY SRI. BHANU PRAKASH H V., ADVOCATE) AND: THE DIVISIONAL MANAGER, K. S. R. T. C., MYSURU DIVISION NEAR BANNIMANTAP MYSORE -570015. (INTERNAL INSURER OF K.S.R.T.C. BUS KA-11-F-0421) ...RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.01.2021 PASSED IN MVC NO. 1045/2018 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 THESE APPEALS, COMING ON FOR ORDERS, 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.1045/2018 dated 29.01.2021, on the file of Motor Accidents Claims Tribunal at Mysuru, both the Corporation as well as claimants are before this Court. The claimants appeal is M.F.A.No.380/2023 and the Corporation appeal is M.F.A.No.3875/2021. 2. The claim petition is filed seeking compensation for the death of the deceased in the accident by the claimants who are four in number. It is the case of the claimants that the salary of the deceased was Rs.14,701/- for the month of April- 2018, during the month of May-2018, his salary was Rs.10,972/- and for the month of June-2018, his salary was Rs.9,868/-. The Court had taken the average salary of Rs.12,000/- p.m. and granted the compensation of an amount of Rs.19,99,500/-. - 5 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 3. Learned counsel appearing for the Corporation submits that if patterned, the salary is reducing from month-to- month and the Court without any basis has taken at Rs.12,000/- as salary which is on the higher side and further it is submitted that the future prospects were taken at 50%. It is submitted that the amount of compensation awarded by the Tribunal is on the higher side. 4. Learned counsel appearing for the claimants submits that the Court ought to have deducted 1/4th towards 'personal expenses'. Further, the Court ought to have taken Rs.14,000/- as salary and taking salary at Rs.12,000/- is on the lower side. It is further submitted that even on the conventional heads also, the amount that is granted by the Tribunal is not just and reasonable and as such, the amounts needs to be enhanced. 5. This Court having heard the learned counsels on either side, perused the material on record. The salary for the month of April was Rs.14,701/-, for the moth of may was Rs.10,972/- and during the month of June it was Rs.9,868/- The accident had taken place in the month of July. The Court - 6 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 had taken average at Rs.11,847/-. But however, it was rounded off Rs.12,000/-. Considering the salary for different months, this Court is of the view that Rs.11,500/- can be taken as salary. Coming to the future prospects, he is entitled for future prospects at 40%, it comes to Rs.4,600/-. Then the salary is Rs.16,100/-. If 50% is deducted towards his personal expenses then his contribution to the family is Rs.8,050/-. Therefore, the 'loss of dependency' would be Rs.17,38,800/- (Rs.8,050 x 12 x 18). The claimants being the parents and siblings, they would each be entitled to a sum of Rs.44,000/- towards “loss of consortium” i.e., in all Rs.1,76,000/-. Towards 'funeral expenses', this Court is granting an amount of Rs.Rs.36,000/-. 6. 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. 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 7. 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. Compensation towards loss of consortium : Rs. 1,60,000.00 1,76,000.00 2. Towards estate : Rs. 15,000.00 -- 3. Towards transportation and funeral expenses : Rs. 25,000.00 36,000.00 4. Towards loss of dependency : Rs. 20,14,500.00 17,38,800.00 5. Legal expenses : Rs. -- 10,000.00 TOTAL : Rs. 20,14,500.00 19,60,800.00 Less: interim compensation : Rs. 15,000.00 15,000.00 TOTAL : Rs. 19,99,500.00 19,45,800.00 8. Altogether, the claimants are entitled for compensation of an amount of Rs.19,45,800/-. 9. Accordingly, the appeal of the Corporation is partly allowed by reducing the compensation amount from an amount of Rs.19,99,500/- to Rs.19,45,800/-. Consequently, the appeal of the claimants is dismissed. i) The apportionment of the amount shall be as per the order passed by the Tribunal. - 8 - HC-KAR NC: 2025:KHC:18898 MFA No. 3875 of 2021 C/W MFA No. 380 of 2023 ii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the judgment passed by this Court forthwith without any delay. iii) Amount in deposit shall be forthwith transferred to the Tribunal. iv) No costs. v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 1