- 1 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.1312 OF 2022(MV-D) BETWEEN: THE MANAGER, K.S.R.T.C. SHANTHINAGAR, BENGALURU-560027. (KSRTC BUS BEARING REGN. NO.KA-17-F-1904) REPRESENTED BY IT’S CHIEF LAW OFFICER. …APPELLANT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE) AND: 1. SMT. BHAGYAMMA .H.R., W/O. SHIVARAMAIH .D, AGED ABOUT 45 YEARS, 2. SRI SHIVARAMAIAH. D., S/O. DODDANARASAIAH, AGED ABOUT 54 YEARS, 3. SMT. JAYAMMA, W/O. DODDANARASAIAH, AGED ABOUT 61 YEARS, SINCE DEAD THE RESPONDENT NOS.1, 2 AND 4 ARE THE LR’S OF DECEASED. 4. SRI. DODDANARASAIAH, S/O. LATE CHIKKAMARAIAH, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 AGED ABOUT 81 YEARS, RESPONDENT NOS.1 TO 4 ARE RESIDING AT NAYAKARAPALYA, URDIGERE HOBLI, SEETHKAL, TUMKUR TALUK AND DISTRICT PIN-572101. …RESPONDENTS (BY SRI/SMT. BPDS ASSTS AND BOPANNA B., H.K. SATHEESH FOR R1, 2 AND 4 (R1, 2 AND 4 ARE LR’S OF DECEASED R3)) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.12.2021 PASSED IN MVC NO.797/2021 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11), AWARDING COMPENSATION OF RS.24,74,800/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the order passed in MVC.No.797/2021 dated 04.12.2021 by the I Addl. Small Cases Judge and Motor Accident Claims Tribunal, Bengaluru, the appellant/K.S.R.T.C. is before this Court questioning the quantum as well as the negligence. 2. It is the case of the claimant that on 16.01.2021 at about 11.15 p.m., the deceased was crossing the road near - 3 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 Tumkuru-Bengaluru NH-48 Road, Opposite Prince Daba, at that time the KSRTC Bus bearing Reg.No.KA17-F-1904 was coming on the same road driven by its driver at high speed in a rash and negligent manner and dashed against the deceased and caused the accident due to the said accident deceased was died on the spot. Immediately, he was shifted to Government Hospital, Nelamangala. Basing on the evidence, the Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Towards dependency and loss of future earnings : Rs. 22,84,800/- 2. Towards Filial Consortium : Rs. 1,60,000/- 3. Towards loss of estate and funeral expenses : Rs. 30,000/- TOTAL : Rs. 24,74,800/- 3. Learned counsel appearing for the appellant/KSRTC submits that the accident had taken place on 16.01.2021 at about 11.15 pm., in the middle of the road while the deceased was crossing the road there is contributory negligence on the part of the claimant. That aspect was not considered by the Tribunal. It is submitted that this accident had taken place in the year 2021. The notional income ought to have been taken - 4 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 at an amount of Rs.15,000/- per month, but the Tribunal had taken the income at an amount of Rs.16,000/- per month. It is submitted that the compensation awarded by the Tribunal is on the higher side. It is further submitted that the interest is at the rate of 9% per annum., and the same needs to be reduced. 4. Learned counsel appearing for the respondents/ claimants also does not dispute the fact that as per the chart prepared by the Legal Services Authority, the notional income for the year 2021 is Rs.15,000/- per month. When it comes to the contributory negligence he submits that the Tribunal had considered the evidence on record and rightly held that there is no contributory negligence and no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. First coming to the issue of contributory negligence, this Court had perused the order passed by the Tribunal. The Tribunal had observed that on perusal of the photographs, the right side headlight of the KSRTC bus was damaged and another photo shows that there was a divider in between the two roads and the divider is wide and there is also pathway on the divider. Further, the white - 5 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 lane near the edge of the divider, there is a place on the divider to walk. On perusal of the photographs, the two vehicles can easily pass on the road. As per the sketch prepared by the KSRTC Department and police, the accident occurred on the white lane on extreme edge of the road. So on perusal of the documents placed by both the parties, the accident occurred on the edge of the road and the accident not occurred on the middle of the road. If the driver of the KSRTC bus taken little care, he would have avoided the accident and there was sufficient space for him on his left side. This finding of the Tribunal requires no interference and this Court is of the view that the Tribunal had rightly considered the evidence and held that the accident had taken place because of the rash and negligence driving of the driver of the KSRTC bus. 6. Then coming to the compensation, the deceased was a bachelor, the accident had taken place in the year 2021. As rightly argued by the learned counsel for the appellant that the income of the deceased ought to have taken at an amount of Rs.15,000/- per month. 40% future prospects would come to an amount of Rs.6,000/-, then the income of the deceased is - 6 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 Rs.21,000/- per month. 50% of the income has to be taken towards the personal expenses and his contribution to the family is Rs.10,500/- (10,500x12x17). Under the head of loss of dependency, the claimants are entitled for an amount of Rs.21,42,000/-. Then towards consortium this Court is granting an amount of Rs.88,000/-, towards funeral expenses this Court is granting an amount of Rs.36,000/-. Altogether the claimants are entitled for an amount of Rs.22,66,000/-. Learned counsel for the appellant submits that already an amount of Rs.25,000/- is given as initial compensation to the claimants. If the same is deducted, the compensation amount comes to Rs.22,41,000/-. 7. The claimants are therefore, entitled to the compensation under the following heads: SL. No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 1. Towards loss of dependency : Rs. 22,84,800/- 21,42,000/- 2. Towards Consortium : Rs. 1,60,000/- 88,000/- 3. Towards funeral expenses : Rs. 30,000/- 36,000/- Total : Rs. 24,74,800/- 22,66,000/- - 7 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 Initial Compensation is reduced(-) : Rs. 25,000/- TOTAL : Rs. 22,41,000/- Reduction amount : Rs. 2,33,800/- 8. Altogether, the claimants are entitled for compensation of an amount of Rs.22,41,000/-. 9. Accordingly, the appeal of the appellant/KSRTC is allowed-in-part by reducing the compensation from an amount of Rs.24,74,800/- to Rs.22,41,000/-. i) The interest at the rate of 9% per annum is reduced to 6% per annum. ii) The amount in deposit shall be forthwith transferred to the Tribunal. iii) The apportionment of the amount shall be as per the order passed by the Tribunal. iv) The appellant 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. v) No costs. - 8 - HC-KAR NC: 2025:KHC:29238 MFA No. 1312 of 2022 vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 53