- 1 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1042 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 587 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 870 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 910 OF 2021 (MV-I) IN MFA No. 1042/2021 BETWEEN: THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICE K H ROAD SHANTHINAGARA BUS STAND BANGALORE NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE BANGALORE BY ITS CHIEF LAW OFFICER BANGALORE …APPELLANT (BY SMT. S NIRMMALA.,ADVOCATE) AND: VISHAKANTHA S/O GUJAIAH AGED 42 YEARS R/O H BASAPURA GRAMA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER HALAGURU HOBLI MALAVALLI TALUK MANDYA DISTRICT. LR By 1(a) JOTIMANI W/o LATE VISHAKANTA AGED ABOUT 36 YEARS 1(B) MASTER MONDEESHA MINOR REP BY MOTHER 1(A) JOTIMANI …RESPONDENTS (BY SRI. SATISHCHANDRA R, ADVOCATE FOR LEGAL REPRESENTATIVES'S OF DECEASED RESPONDENTS) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.02.2020 PASSED IN MVC NO.5545/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), AWARDING COMPENSATION OF RS.14,38,409/- WITH INTEREST AT 8 PERCENT P.A FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA NO. 587/2021 BETWEEN: THE MANAGING DIRECTOR KSRTC. CENTRAL OFFICE K H ROAD, SHANTHINAGAR BUS STAND BANGALURU NOW REPRESENTED BY KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE BANGALURU BY ITS CHIEF LAW OFFICER BANGALURU ...APPELLANT - 3 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER (BY SRI. S NIRMMALA.,ADVOCATE) AND: MUNIMADAIAH S/O MADAIAH R/AT H BASAPURA GRAMA HALGURU HOBLI MALAVALLI TALUK MANDYA DISTRICT LRs. 1(a) GOWRAMMA W/O LATE MUNIMADAIAH AGED ABOUT 40 YEARS 1(b) NAVEEN KUMAR S/o LATE MUNIMADAIAH AGED ABOUT 8 YEARS (c) KUMARA RASHMI D/o LATE MUNIMADAIAH …RESPONDENTS (BY SRI. SATISHCHANDRA R, ADVOCATE FOR LEGAL REPRESENTATIVES'S OF DECEASED RESPONDENTS) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 04.02.2020, PASSED IN MVC NO.5546/2018, ON THE FILE OF THE III- ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), AWARDING COMPENSATION OF RS.2,36,862/- WITH INTEREST AT 8 PERCENT P.A., FROM THE DATE OF PETITION, TILL ITS REALISATION WITHIN TWO MONTHS FROM THE DATE OF THIS ORDER. IN MFA NO. 870/2021 BETWEEN: SHRI MUNIMADAIAH S/O MADAIAH - 4 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER AGED ABOUT 45 YEARS, RESIDING AT H BASAPURA GRAMA, HALGURU HOBLI MALAVALLI TALUK-571421 ...APPELLANT (BY SRI. SATISHCHANDRA R.,ADVOCATE) AND: KSRTC THE MANAGING DIRECTOR CENTRAL OFFICE, K H ROAD SHANTHINAGAR BUS STAND BENGALURU-560027 ...RESPONDENT (BY SRI. S NIRMMALA.,ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.02.2020 PASSED IN MVC NO.5546/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-18, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 910/2021 BETWEEN: 1. SHRI VISHAKANTHA S/O GUJAIAH AGED ABOUT 43 YEARS, RESIDING AT H BASAPURA GRAMA, HALGURU HOBLI MALAVALLI TALUK-571421 DEAD BY LRS 1.A. JAYOTHI MANI R/AT H. BASAPURA GRAMA, HALGURU HOBLI, - 5 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER MALAVALLI TALUK-571421 1.B MASTER NANDEESHA HOSAPETE BASAVAPURA HALAGURU HOBLI, MANDYA TALUK MANDYA DIST ...APPELLANTS (BY SRI. SATISHCHANDRA R, ADVOCATE FOR LEGAL REPRESENTATIVES'S OF DECEASED APPELLANT) AND: KSRTC THE MANAGING DIRECTOR CENTRAL OFFICE, K H ROAD, SHANTHINAGAR BUS STAND BENGALURU-560027 ...RESPONDENT (BY SRI. S NIRMMALA.,ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.02.2020 PASSED IN MVC NO.5545/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 6 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER ORAL JUDGMENT Aggrieved by the award passed in MVC No.5545/2018 dated 04.02.2020 by the III Additional Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-18), KSTRC has filed MFA.No.1042/2021 and the claimants have filed MFA.No.910/2021. 2. The brief facts of the case are that on 02.01.2018 at about 8.45 a.m. claimants were proceeding on a motor cycle to Hosahalli, when they reached in the middle of the Kabanahalli and Suunagahalli road, at that time KSTRC bus driven by its driver with high speed in a rash and negligent manner, so as to endanger human life and safety of others dashed against the motor cycle. Due to the impact, the claimants fell down and sustained grievous injuries. Immediately they were shifted to Government Hospital, Mandya and then shifted to Sanjay Gandhi Institute of Trauma and Orthopaedics, Bengaluru wherein they took the treatment as inpatient. MVC.No.5545/2018 3. The Tribunal had granted compensation as per the table given below: - 7 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER Heads Compensation Awarded 1. Pain and Sufferings Rs. 2,00,000/- 2. Loss of amenities Rs. 60,000/- 3. Nourishment, conveyance and attendant charges Rs. 50,000/- 4. Medical expenses Rs. 59,409/- 5. Loss of future income Rs. 9,18,000/- 6. Loss of income during laid up period and rest period Rs. 51,000/- 7. Future medication Rs. 1,00,000/- TOTAL Rs. 14,38,409/- 4. Learned counsel appearing for the appellant/KSTRC submits that the claimant died on 28.06.2022. Hence, the legal representatives of the deceased are not entitled the any other compensation but for the medical expenses. It is also submitted that the Tribunal had granted 8% interest which needs to be reduced to 6%. 5. Learned counsel appearing for the claimants submits that deceased had died because of the accidental injuries sustained in the accident and they are entitled for loss of dependency. - 8 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER 6. Having heard learned counsels on either side, perused the materials on record. Learned counsel appearing for the claimants submits that due to the injury sustained in the accident the deceased had died. That cannot be taken into consideration because there is a considerable gap between the accident and the death and there is no material on record. The Tribunal had granted towards nourishment, conveyance and attendant charges an amount of Rs.50,000/-, medical expenses an amount of Rs.59,409/- and loss of income during the laid up period an amount of Rs.51,000/-. It comes to an amount of Rs.1,60,409/-. As far as these heads are concerned even though the claimant is no more, the legal representatives are entitled. 7. Accordingly, the appeal filed by the KSRTC is partly allowed by reducing the compensation from Rs.14,38,409/- to Rs.1,60,409/- and the rate of interest is reduced from 9% to 6%. MFA.No.910/2021 filed by the claimants is dismissed. i) The amount in deposit shall be forthwith transferred to the Tribunal ii) The KSRTC is at liberty to withdraw any excess amount that is deposited. - 9 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER iii) Interest is reduced from 9% to 6%. iv) No costs. v) Pending I.As. if any, shall stand closed. MVC.No.5546/2018 8. Aggrieved by the award passed in MVC No.5546 of 2018 dated 04.02.2020 by the III Additional Judge and Motor Accident Claims Tribunal, Bangalore (SCCH-18), KSTRC has filed MFA.No.587/2021 and the claimants have filed MFA.No.870/2021. 9. The Tribunal had granted compensation as per the table given below: Heads Compensation Awarded 1. Pain and Sufferings Rs. 35,000/- 2. Loss of amenities Rs. 15,000/- 3. Nourishment, conveyance and attendant charges Rs. 15,000/- 4. Medical expenses Rs. 6,342/- 5. Loss of future income Rs. 1,28,520/- 6. Loss of income during laid up period and rest period Rs. 17,000/- 7. Future medication Rs. 20,000/- TOTAL Rs. 2,36,862/- - 10 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER 10. Learned counsel appearing for the appellant/KSTRC submits that the claimant died on 08.11.2022. Hence, the legal representative are not entitled for any other compensation but for the medical expenses. It is also submitted that the Tribunal had granted 8% interest which needs to be reduced to 6%. 11. Learned counsel appearing for the claimants submits that deceased had died because of the accidental injuries sustained in the accident and they are entitled for loss of dependency. 12. Having heard learned counsels on either side, perused the materials on record. The Tribunal had granted under the head of nourishment, conveyance and attendant charges an amount of Rs.15,000/- and towards medical expenses an amount of Rs.6,342/- and towards loss of income during the laid up period an amount of Rs.17,000/-. It comes to an amount of Rs.38,342/- and the legal representatives of the deceased are entitled for an amount of Rs.38,342/-. 13. Accordingly, MFA.No.587/2021 filed by the KSRTC is partly allowed by reducing the compensation from - 11 - HC-KAR NC: 2025:KHC:37686 MFA No. 1042 of 2021 C/W MFA No. 587 of 2021 MFA No. 870 of 2021 AND 1 OTHER Rs.2,36,862 to Rs.38,342/- and also the rate of interest is reduced from 8% percent to 6%. MFA.No.870/2021 filed by the claimants is dismissed. i) The amount in deposit shall be forthwith transferred to the Tribunal. ii) The KSRTC is at liberty to withdraw any excess amount that is deposited . iii) No costs. iv) Pending I.As. if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 7