- 1 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2071 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 3041 OF 2017 (MV-D) IN MFA No. 2071/2017: BETWEEN: 1. SMT. SOWMYA K S AGED ABOUT 27 YEARS, W/O LATE RAVI. 2. MS POORVITHA D/O LATE RAVI AGED ABOUT 09 YEARS. 3. MS ISHWARYA D/O LATE RAVI AGED ABOUT 07 YEARS. 4. SMT NAGAMMA D/O LATE JAVARAIAH AGED ABOUT 54 YEARS. APPELLANT Nos. 2 & 3 ARE MINORS REPRESENTED BY THEIR MOTHER SMT. SOWMYA K.S., I.E., APPELLANT NO.1 ALL ARE RESIDING AT DUNDANAHALLI VILLAGE AND POST, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DIST 571401. …APPELLANTS (BY SRI. RITHISH D.NAIK, ADVOCATE FOR SRI. VIVEKANANDA TP, ADVOCATE) AND: 1. RAGHUKUMAR MAJOR, S/O APPAJIGOWDA, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 R/AT MYLANAYAKANAHALLI VILLAGE, CHANNAPATNA TALUK 562160 RAMANAGARA DISTRICT. 2. ICICI LOMBARD GENERAL INSRANCE COMPANY LTD., NO.189, SVR COMPLEX 2ND FLOOR, HOSURU ROAD, MADIVALA, BANGALORE 560068. 3. THE MANAGING DIRECTOR K S R T C., SHANTHINAGAR K H ROAD, BENGALURU 560027. …RESPONDENTS (R1 SERVED SRI. VIJAYA PHANEENDRA T.B., ADVOCATE FOR SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2 SRI. K. NAGARAJ, ADVOCATE FOR R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2016 PASSED IN MVC NO.141/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, RAMANAGAR DISTRICT, CHANNPATTANA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3041/2017: BETWEEN: THE MANAGING DIRECTOR KSRTC, SHANTHINAGARA K H ROAD, BENGALURU-560027 NOW THOUGH CHIEF LAW OFFICER KSRTC, BANGALORE/ ...APPELLANT (BY SRI. NAGARAJA K.,ADVOCATE) AND: 1. SMT SOWMYA K S W/O LATE RAVI D AGED ABOUT 27 YEARS. - 3 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 2. POORVITHA D/O LATE RAVI D AGED ABOUT 9 YEARS. 3. ISHWARYA D/O LATE RAVI D AGED ABOUT 7 YEARS. RESPONDENT No.S 2 & 3 ARE MINORS REPRESENTED BY MOTHER RESPONDENT NO.1. 4. SMT NAGAMMA W/O LATE JAVARAIAH AGED ABOUT 54 YEARS. ALL ARE R/A DUNDANAHALLI VILLAGE & POST, ATHAGUR HOBLI MADDUR TALUK, MANDYA DISTRICT-571476. 5. SRI RAGHU KUMAR SRI APPAJI GOWDA AGED MAJOR MYLANAYAKANAHALLI VILLAGE CHANNAPATTANA TALUK RAMANAGARA DISTRICT-571501. 6. ICICI LOMBARD GENERAL INSURANCE CO LTD BY ITS MANAGER, NO.189 SVR COMPLEX, 2ND FLOOR HOSUR ROAD, MADIWALA BANGALORE-560068. ...RESPONDENTS (BY SRI. RITHISH D NAIK, ADVOCATE FOR SRI. T P VIVEKANADA, ADVOCATE FOR R1-R4 R2 & R3 MINORS REP. BY R1 SRI. VIJAYA PHANEENDRA TB., ADVOCATE FOR SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R6 V/O DATED 05.01.2024 NOTICE TO R5 H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2016 PASSED IN MVC NO.141/13 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT, CHANNAPATTANA, RAMANGAR DISTRICT, AWARDING COMPENSATION OF RS.11,30,000/- - 4 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 WITH INTEREST AT 6% P.A. FORM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. These two appeals arise out of judgment and award dated 10.11.2016 in MVC No.141/2013 passed by the Senior Civil Judge and JMFC and Addl. MACT, Channapattana, whereby the Tribunal awarded compensation of Rs.11,30,000/- as compensation with costs and future interest at 6% p.a., from the date of petition till date of realization. 2. MFA No.3041/2017 is filed by the Insurance Company disputing the negligence on their part. MFA No.2071/2017 is filed by claimants seeking enhancement of compensation. 3. Heard the learned counsel on both sides. 4. Learned counsel for the Insurance Company/appellant in MFA No.3041/2017 contends that on 19.05.2013 at about 09.15 a.m. deceased/Ravi was standing near KSRTC bus along with his wife and children. His wife and children boarded the - 5 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 bus and when he was about to board the bus, a car hit him from behind and as the bus was in a moving condition, the back wheel of the bus passed on the body of the deceased. Charge sheet was filed against both of them i.e., the driver of the bus and the driver of the car and the Tribunal assessed the disability against the appellant/Insurance Company at the rate of 50% but the main reason for death of the deceased is due to hitting of the car and as such, there was no negligence on the part of the driver of the bus. 5. Learned counsel for the claimants/appellants in MFA No.2071/2017 submits that Ravi met with an accident on 19.05.2013 and died on the spot. His wife, children and mother filed claim application claiming compensation of Rs.25,00,000. The Tribunal considering the entire evidence on record, granted an amount of Rs.11,30,000/- with interest at the rate of 6 % p.a. from the date of petition till the date of realisation. He submits that Ravi was aged 32 years and was working as a mason when he met with an accident in the year 2013. As such, his notional income is to be taken at Rs.8,000/- per month instead of Rs.5,000/- per month. Also the amounts - 6 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 granted under other heads like loss of estate, funeral expenses, consortium, are meagre and no amount was granted to appellant Nos.2 and 3 for loss of love and affection. Therefore, he prays for enhancement of compensation. 6. Learned counsel for respondent No.2 in MFA No.2071/2017 contended that as per the documents filed before the Court when the car hit Ravi from back side, he fell down under the wheel of the bus and died. As such, charge sheet was filed against both drivers and the negligence was properly assessed by the Tribunal and it needs no interference. 7. I have given my anxious consideration to the rival submissions made by parties and perused the material on record. 8. The material on record clearly shows that on 19.05.2013 at about 09.15 a.m., Ravi was standing by the side of the bus. His wife and children had boarded the bus and when he was about to board the bus, which was in moving condition, a car came from behind and dashed against him. As a result, he fell down and as the bus was already in moving condition, the bus - 7 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 wheel ran over him and he died on the spot. Therefore, this Court finds that the negligence on the part of the car driver is to be assessed at 75% and that of the bus driver is to be assessed as 25% instead of 50% to each of them and the negligence of the drivers of both the vehicles is decided accordingly. 9. The accident is of the year 2013. The deceased was aged 32 years and was working as mason at the time of the accident and therefore, his notional income is to be taken at Rs.8,000/- per month. To the aforesaid income, 40% has to be added towards future prospects in view of the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. Thus, the monthly income comes to Rs.8000/- + Rs.3,200/- (40%) = Rs.11,200/-. Out of the same, 1/4th towards personal expenses is to be deducted. The deceased was aged 32 years at the time of the accident and the multiplier applicable to his age group is '16'. Thus, the claimants are entitled to compensation of Rs.16,12,800/- - 8 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 (Rs.11,200 x 12 x 16 x 3/4) under the head ‘loss of dependency’. 10. In view of the law laid down by the Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd. vs. Nanu Ram reported in 2018 ACJ 2782, appellant No.1/wife is entitled for Rs.40,000/- towards 'loss of consortium', appellant Nos. 2 and 3, children of the deceased, are entitled for compensation of Rs.40,000/- each under the head of ‘loss of parental consortium’ and appellant No.4, mother of the deceased is entitled for compensation of Rs.40,000/- under the head of ‘loss of filial consortium’. In addition, the claimants are entitled to Rs.15,000/- under the head ‘loss of estate’ and Rs.15,000/- under the head ‘transportation and funeral expenses’. 11. Thus, the claimants are entitled to the following compensation: Compensation under different Heads Amount in (Rs.) Loss of dependency 16,12,800/- Loss of spousal consortium 40,000/- Loss of Parental 80,000/- - 9 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 consortium Loss of filial consortium 40,000/- Loss of estate 15,000/- Transportation and funeral expenses 15,000/- Total 18,02,800/- The claimants are entitled to a total compensation of Rs.18,02,800/-. 12. In view of the aforesaid, I pass the following:- ORDER (i) MFA No.3041/2017 is partly allowed. MFA No.2071/2017 is allowed. (ii) The impugned judgment and award dated 10.11.2016 in MVC No.141/2013 passed by the Senior Civil Judge and JMFC and Addl. MACT, Channapattana, is hereby modified. (iii) The appellants/claimants are entitled for a total compensation of Rs.18,02,800/- as against the compensation of Rs.11,30,000/- awarded by the - 10 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 Tribunal, along with interest at 6 % p.a. from the date of petition till the date of realisation. (iv) Out of the compensation amount, respondent No.2/ICICI Lombard General Insurance Co. Ltd. is liable to pay 75% and respondent No.3/Managing Director, KSRTC, is liable to pay 25%. (v) Out of total compensation amount, Rs.3 lakhs is apportioned in favour of appellant No.4/mother of the deceased and she is permitted to withdraw the entire amount along with interest accrued on it. (vi) Rs.5,00,000/- each shall be kept in a Fixed Deposit in any nationalised bank, in the names of appellant Nos.2 and 3/children, till they attain the age of majority. (vii) Appellant No.1/wife is permitted to withdraw interest accrued on the Fixed Deposits once in every three months to meet their expenses. - 11 - HC-KAR NC: 2025:KHC:33274 MFA No. 2071 of 2017 C/W MFA No. 3041 of 2017 (viii) Appellant No.1/wife is permitted to withdraw balance amount along with interest accrued on it. (ix) Respondent Nos.2 and 3 (in MFA No.2071/2017) are directed to deposit the amount within a period of one month from the date of this order. (x) Statutory deposit made before this Court is directed to be transferred to MACT. (xi) Excess amount if any, deposited by respondent Nos.2 and 3 in MFA No.2071/2017 to be refunded to them. Sd/- (P SREE SUDHA) JUDGE DN List No.: 1 Sl No.: 6