- 1 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3312 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3294 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3295 OF 2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 3297 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3299 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3304 OF 2021 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 3305 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3306 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 3309 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 4406 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2895 OF 2022 (MV-I) MISCELLANEOUS FIRST APPEAL NO. 2898 OF 2022 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 2921 OF 2022 (MV-I) IN MFA No. 3312/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.141 SRI SHANTHI TOWERS, 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS AND: 1. SMT. CHANDRAKALA W/O KESHAVAMURTHY AGED ABOUT 35 YEARS, R/AT NO.34, NEAR KOTEBIDI 1ST DIVISION, ATTIBELE TOWN, ANEKAL TALUK BENGALURU-562017 2. THE MANAGING DIRECTOR, KSRTC, K H ROAD, SHANTHINAGARA BENGALURU-560027 3. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333 SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT …RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2021 PASSED IN MVC NO.7589/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.8,98,500/- WITH INTEREST AT 6 PERCENT P.A. ON RS.8,73,500/- ONLY FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 3294/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, - 3 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. KEMPAMMA W/O CHINNAPPA AGED ABOUT 54 YEARS R/AT 72/2, MUNESHWARA TEMPLE ROAD, PATALLA KUNTE, ATTIBELE BENGALURU-562017 2. THE MANAGING DIRECTOR KSRTC, K H ROAD SHANTHINAGAR BENGALURU-560027 3. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.22 SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.4749/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.20,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 4 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS IN MFA No. 3295/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. GOWRAMMA W/O LATE RAMESH, AGED 44 YEARS 2. SANTHOSH KUMAR Y R S/O LATE RAMESH, AGED 30 YEARS 3. SWETHA Y R D/O LATE RAMESH, AGED 28 YEARS ALL ARE R/AT NO.8, NEAR POST OFFICE NERALUR, ANEKAL TALUK, BANGALORE - 562 107. 4. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGARA BENGALURU - 560 027. 5. PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD, ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1 TO R3; SRI. F. S. DABALI, ADV. FOR R4; R5 - SERVED) - 5 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.4593/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.18,72,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 3297/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. V LALITHA W/O NARAYANASWAMY AGED 53 YEARS, R/AT NO. 1258, GOWRISHANKAR TALKIES ROAD PARVATHINAGARA, ATTIBELE TALUK BENGALURU - 562 017 2. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGARA BENGALURU - 560 027 3. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD, ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT - 6 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2021 PASSED IN MVC NO.4592/2017 ON THE FILE OF THE COURT OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 3299/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. YELLAPPA CHAKARALAPPA S/O CHAKARALAPPA AGED ABOUT 48 YEARS, R/AT D NO.4/537/1 BEELALAM CHEBARASANAPALLI, KRISHNAGIRI TAMILNADU-635117 2. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGAR BENGALURU-560027 3. R PREMA KUMAR - 7 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS S/O RAJENDRA A MAJOR, R/AT NO.22, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2021 PASSED IN MVC NO.4748/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.40,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 3304/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. JAYARAM S/O LATE RAJANNA AGED ABOUT 48 YEARS, 2. R MANJUNATHA S/O LATE RAJANNA AGED ABOUT 44 YEARS, - 8 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS BOTH ARE R/AT NO.32/66, KOTEBIDI 1ST DIVISION, ATTIBELE TOWN, ANEKAL TALUK BANGALORE-562107 3. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGARA BENGALURU-560027 4. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333 SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1 & R2; SRI. F. S. DABALI, ADV. FOR R3; R4 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.7590/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL MACT, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF RS. 2,75,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 3305/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) - 9 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS AND: 1. PUSHPA V W/O RAMESH AGED ABOUT 48 YEARS R/A IMMADIHALLI MAIN ROAD NEAR SRIRAM TEMPLE, HADAGUR COLONY BANGALORE – 560066 2. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGAR BENGALURU-560027 3. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.4591/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA No. 3306/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT - 10 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. SMT. SUNANDAMMA W/O LATE NAGAPPA AGED ABOUT 64 YEARS, R/AT NO.1188/1170/5 NEAR GANESHA TEMPLE GOWRISHANKAR TALKIES ROAD PARVATHINAGARA, ATTIBELE TOWN, ANEKAL TALUK BENGALURU-562017 2. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGAR BENGALURU-560027 3. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. RANGEGOWDA N. R., ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2021 PASSED IN MVC NO.7591/2017 ON THE FILE OF THE COURT OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.25,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. - 11 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS IN MFA No. 3309/2021 BETWEEN: THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. B C SHIVANNE GOWDA, ADVOCATE) AND: 1. SMT. MEENAKSHI S/O NARAYANAPPA AGED ABOUT 47 YEARS R/AT NO 16/2, CHIKKANAHALLI ATTIBELE, ANEKAL BANGALORE – 562107 2. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGAR BENGALURU-560027 3. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT ...RESPONDENTS (BY SRI. M. S. VARADARAJAN, ADV. FOR R1; SRI. F. S. DABALI, ADV. FOR R2; R3 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2021 PASSED IN - 12 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS MVC NO.4483/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, AWARDING COMPENSATION OF RS.3,99,000/- WITH INTEREST AT 6 PERCENT P.A. ON RS.3,79,000/- ONLY FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 4406/2021 BETWEEN: SMT. MEENAKSHI S/O NARAYANAPPA AGED ABOUT 47 YEARS R/AT NO 16/2, CHIKKANAHALLI ATTIBELE, ANEKAL BANGALORE – 562107 …APPELLANT (BY SRI. M. S. VARADARAJAN, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGAR BENGALURU-560027 2. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLUBELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT – 562107 3. THE MANAGER IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE REPRESENTED BY ITS AUTHORIZED SIGNATORY ...RESPONDENTS (BY SRI. F. S. DABALI, ADV. FOR R1; - 13 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS SRI. B C SHIVANNE GOWDA, ADV. FOR R3; R2 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THEJUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.4483/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 2895/2022 BETWEEN: CHANDRAKALA W/O KESHAVA MURTHY AGED ABOUT 36 YEARS R/AT 34, NEAR KOTE BIDI 1ST DIVISION, ATTIBELE TOWN ANEKAL TALUK BANGALORE DISTRICT 560 078 …APPELLANT (BY SRI. RANGEGOWDA N. R., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, SARIGE BHAVANA, K H ROAD, BENGALURU-560027 2. R PREM KUMAR S/O RAJENDRA, MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLABELE ROAD, ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT – 562107 3. THE LEGAL MANAGER M/S. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.141 SRI SHANTHI TOWERS 4TH FLOOR, - 14 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE - 560072 ...RESPONDENTS (BY SRI. F. S. DABALI, ADV. FOR R1; SRI. B C SHIVANNE GOWDA, ADV. FOR R3; NOTICE TO R2 DISPENSED V/O DATED 24.10.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.7589/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 2898/2022 BETWEEN: 1. JAYARAM S/O LATE RAJANNA @ RAJAPPA NOW AGED ABOUT 49 YEARS 2. SRI. R MANJUNATHA S/O LATE RAJANNA @ RAJAPPA NOW AGED ABOUT 45 YEARS BOTH ARE R/AT NO. 32/66, KOTEBIDI 1ST DIVISION, ATTIBELE TOWN ANEKAL TALUK, BANGALORE DISTRICT …APPELLANTS (BY SRI. RANGEGOWDA N. R., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, SARIGE BHAVANA, K H ROAD, BENGALURU-560027 2. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA - 15 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS RAMANNA LAYOUT, INDLABELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT – 562107 3. THE LEGAL MANAGER M/S. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE - 560072 ...RESPONDENTS (BY SRI. F. S. DABALI, ADV. FOR R1; SRI. B C SHIVANNE GOWDA, ADV. FOR R3; NOTICE TO R2 DISPENSED V/O DATED 23.11.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.7590/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 2921/2022 BETWEEN: SUNANDAMMA W/O LATE NAGAPPA NOW AGED ABOUT 65 YEARS RA/T NO. 1188/1170/5, NEAR GANESHA TEMPLE GOWRISHANKAR TALKIES ROAD, PARVATHINAGAR ATTIBELE TOWN, ANEKAL TALUK BANGALORE DISTRICT 560 078 …APPELLANT (BY SRI. RANGEGOWDA N. R., ADVOCATE) AND: 1. THE MANAGING DIRECTOR - 16 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS KSRTC, SARIGE BHAVANA, K H ROAD, BENGALURU-560027 2. R PREM KUMAR S/O RAJENDRA A MAJOR, R/AT NO.333, SRI BALAJI NILAYA RAMANNA LAYOUT, INDLABELE ROAD ATTIBELE TOWN, ANEKAL TALUK BENGALURU DISTRICT – 562107 3. THE LEGAL MANAGER M/S. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.141 SRI SHANTHI TOWERS 4TH FLOOR, 3RD MAIN, EAST NGEF LAYOUT KASTURINAGARA, BANGALORE - 560072 ...RESPONDENTS (BY SRI. F. S. DABALI, ADV. FOR R1; SRI. B C SHIVANNE GOWDA, ADV. FOR R3; NOTICE TO R2 DISPENSED V/O DATED 23.11.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO. 7591/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR - 17 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS COMMON ORAL JUDGMENT These appeals are preferred challenging the judgement and award passed by the Chief Judge, Court of Small Causes and Member, Prl.MACT at Bengaluru. The appeals preferred by the Insurance Company of the tempo traveller on the premise that the tribunal has committed an error in fixing 50% contributory negligence against the tempo traveller, which is sought to be fastened entirely on the KSRTC bus, whereas the appeals preferred by the claimants are on the ground of inadequate compensation and hence, seeking enhancement of compensation. It is relevant to mention that the KSRTC (Corporation) has not preferred any appeal, and they have satisfied their share of the compensation to the claimants. 2. The parties to the proceedings shall be referred to as Claimants, Corporation - Insurance company and the owner of the tempo traveller. - 18 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 3. In this background brief facts of the case are as under: On 11/5/2017 the claimants and the deceased were travelling in a Tempo Traveller bearing registration No. KA- 05- AF - 9869 to Kengeri to attend the marriage of the daughter of one Narasimhappa. At about 7.30 pm., when the Tempo Traveller was proceeding on NH-7 road and reached near Thirumagondanahalli Gate, a KSRTC bus bearing registration No. KA-40- F- 371 was parked on the middle of the road without any signal or indicator or signage, the Tempo Traveller dashed against the hind portion of the KSRTC bus and due to the severe impact the inmates in the tempo traveller vehicle sustained grievous injuries and two persons including the driver succumbed to the injuries. 4. The injured claimants filed claim petition seeking compensation for the injuries sustained in the accident, the disability and the expenditures met towards - 19 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS the treatment. The dependants of the deceased person filed claim petition seeking compensation for the death having occurred due to the negligence of the KSRTC bus against the KSRTC bus Corporation, the owner and insurer of the tempo traveller. 5. The KSRTC - Corporation filed statement of objections denying the claim of the claimants and sought for dismissal of the claim petition. The owner of the tempo traveller remained absent and did not participate in the proceedings he was placed ex-parte. The Insurance Company of the tempo traveller filed statement of objections denying the claim of the claimants taking a plea that there was no negligence on his part and entire negligence was on the KSRTC bus which had parked the vehicle in the middle of the road and sought to exonerate himself and to fasten the liability exclusively on the KSRTC bus. The Insurance Company has admitted the policy issued to the tempo traveller and the same being valid. - 20 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 6. On the basis of the evidence adduced by all parties, the tribunal awarded compensation in each of the cases according to the facts, magnitude of injuries and the disabilities. The tribunal fixed contributory negligence against the tempo traveller and apportioned the liability 50% each against the KSRTC bus and to the tempo traveller and in view of policy being in force directed the Corporation to pay 50% and the Insurance Company to pay 50% compensation to the claimants along with 6% interest per annum. 7. Being aggrieved by the inadequate compensation awarded by the tribunal the claimants are before this court seeking enhancement, the insurance company of the tempo traveller is before this court seeking to fasten the entire liability against the Corporation and exonerate himself on the ground that there is no negligence on the part of the tempo traveller. - 21 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 8. The submissions put forth by learned counsel for the Insurance Company of the Tempo Traveller is as under: 9. Learned counsel Sri. B.C.Shivanne Gowda vociferously contends that the tribunal has committed an error in fastening 50% contributory negligence against the tempo traveller whereas the entire negligence ought to have been fastened and fixed against the KSRTC Bus, i.e, Corporation. In the case of the claim preferred by the dependants of the driver of the tempo traveller, the driver would not be entitled to compensation for his own wrong and contends that he can claim compensation to the extent of liability fixed against the offending vehicle i.e, KSRTC bus. On these grounds, learned counsel for the Insurance Company of the tempo traveller seeks to allow his appeal and consequently exonerate him and fix the entire liability on the Corporation. - 22 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 10. Learned counsel for the claimants in several petitions vehemently contends that the tribunal has failed to take into consideration the material placed on record for awarding compensation. The income is taken on the lower side. The disability assessed is on the lower side despite the opinion expressed by the doctor. Compensation under other heads is also on the lower side which requires enhancement. On these grounds, it is contended that the compensation be enhanced and their appeal be allowed. 11. In the claim petition preferred by the dependants of the driver of the tempo traveller, learned counsel appearing for the claimants contends that the charge sheet and FIR has been filed against the KSRTC bus, the same has not been questioned by the driver. Therefore the question of not providing any compensation to the dependants of the deceased driver cannot be acceptable as the entire compensation whether from the Insurance Company or from the Corporation would have to - 23 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS be provided and granted to the dependants of the driver of the tempo traveller. 12. I have heard learned counsel for the claimants, learned counsel for the Insurance Company of the tempo traveller and learned counsel for the Corporation namely Sri RANGEGOWDA N. R, Sri.N.S.Varadarajan for the claimants, Sri B.C.Shivanne Gowda for the Insurance Company of the tempo traveller, Sri F.S.Dabali for the Corporation. The point that arises for consideration in these batch of appeals are: 1. Whether the accident that occurred on 11/05/2017 at about 7:30 PM involving the tempo traveller and the KSRTC bus is due to the sole negligence of the KSRTC bus. 2. Whether the contributory negligence fixed by the tribunal at 50% to the Insurance Company and the Corporation is justified. 3. Whether the contributory negligence fixed against the Insurance Company of the - 24 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS tempo traveller requires to be set aside and shift entirely to the Corporation. 4. Whether the claimants are entitled to enhancement of compensation. If so, what amount ? 13. The occurrence of accident, involvement of the vehicle injuries sustained by the claimants, death of two inmates including the driver of the tempo traveller is established and proved the production of exhibits produced and marked in each of the cases. The tempo traveller having a policy in existence and having currency is not in dispute. 14. The FIR and charge sheet is filed against the driver of the KSRTC bus and the same is not questioned by the driver of the KSRTC bus. 15. On the basis of evidence adduced by the claimants and the respondents, the tribunal has fastened 50% contributory negligence against the Corporation and 50% contributory negligence against the tempo traveller, - 25 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS consequently the insurer of the tempo vehicle. Apparently, it is seen that the KSRTC bus was parked in the middle of the road on NH-7. It is not in dispute that the KSRTC bus had technical and mechanical failure and hence due to breakdown it was parked by the driver and the breakdown had happened somewhere at 7:10 PM on 11.05.2017. The accident with the tempo traveller occurred at 7:30 PM. The claimants who are travelling in the tempo traveller along with the driver were proceeding for attending a marriage. The driver of the tempo traveller dashed against the hind portion of the KSRTC bus. Apparently it is seen on the basis of evidence adduced that there was no sign, signal or any indication with regard to the breakdown of the KSRTC bus due to which the tempo traveller dashed against the bus on the hind side. 16. What is required to be analysed is on the very said date i.e, 11.05.2017 apart from the tempo traveller no other vehicle has dashed against the KSRTC bus. It is also an admitted fact that the driver of the KSRTC bus has - 26 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS not made any effort to put any signal of the breakdown of the vehicle and no indicator lights were turned on to alert the oncoming vehicle to show that there is a breakdown of the vehicle. The tribunal having considered the entire evidence came to the conclusion that there is 50% negligence of the KSRTC bus and so also 50% contributory negligence against the driver of the tempo traveller who drove his vehicle in high speed and not taken a detour to avoid the KSRTC bus parked in the middle of the road. Though the learned counsel for the tempo traveller Sri.B.C.Shivanne Gowda vehemently contended that the entire negligence is due to the parking of the KSRTC bus in the middle of the road negligence cannot be attributed to the driver of the tempo traveller, and that the contributory negligence would have to be shifted to the KSRTC bus where as learned counsel representing the Corporation on behalf of the KSRTC bus contends that on the unfortunate day when the breakdown of the bus happened no other vehicle met with the accident. All other - 27 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS vehicles had noticed the KSRTC bus having broken down and cautiously avoided the bus took a detour towards left which itself is evident that the negligence of the tempo traveller is higher than that of the KSRTC bus which had a breakdown. 17. On the aspect of negligence, I am afraid that I cannot agree with the submissions of learned counsel for the Insurance Company of the tempo traveller that the entire negligence is to be fastened on the Corporation. No doubt the KSRTC bus was parked in the middle of the road due to breakdown and it was certainly the duty of the driver of the KSRTC bus to have put signal, signage and indicator to show the breakdown of the vehicle quite ahead of the area where the bus had a breakdown which apparently is not forthcoming in the documents. Nevertheless the driver of the tempo traveller was also travelling in a high speed if not he could have avoided the collusion or damage that had caused. Under the circumstances, this court is partly in agreement with the - 28 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS submissions put forth by learned counsel Sri.B.C. Shivanne Gowda. This Court is of the opinion that the contributory negligence could be reduced on the part of the tempo traveller fixing 30% against the tempo traveller and 70% against the KSRTC bus. In this context, it is relevant to note the rule 15 of Rules of Road Regulations 1989 where in Sub Rule 10 of Rule 2 speaks where parking is prohibited. In the case on hand where the KSRTC bus had broken down due to mechanical failure. It is the responsibility and duty of the driver of the vehicle to have informed the Highway Patrol team or the nearest police station to make necessary arrangements for towing of the vehicle or any alternative necessary arrangements to show indicators/signal or any signage to depict a breakdown of the vehicle ahead which would provide caution to the oncoming vehicle to slow down or navigate and avoid any collusion. The same having not been done. The large portion of the negligence and liability would have to be fixed on the KSRTC bus. - 29 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 18. Coming to the aspect of compensation to be awarded in each of the cases the tribunal has taken the income in each of the cases at 9,000/- per month and the same will have to be enhanced to 11,000/- as per the notional income chart except in the case of MVC No.4593/2017 in the case of the death of the driver of the tempo traveller income where income is taken at Rs.12,000/- per month and the same is retained. 19. The Claimants in the four cases are before this Court seeking enhancement. In these four cases the age so adopted by the Tribunal is not much of the dispute, the multiplier adopted is correct and does not call for interference. 20. In MVC No.4483/2017 apart from the age and multiplier learned counsel for the claimant contends that the doctor has opined the disability to an extent of 18% to whole body whereas the tribunal has taken disability at 10% which is on a lower side and I am partly in - 30 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS agreement with the learned counsel for the claimant that where there is no contra material evidence placed on record, the tribunal is not justified in reducing the disability to 10% from 18% opined by the doctor. Considering the injuries sustained, this Court is of the opinion that 15% could be taken as disability in this case. Under the circumstances each of the claimants are before this Court in challenge, the judgment and award could be modified as under: In MFA No.4406/2021 in MVC No.4483/2017 a. Loss of Income on account of disability: Rs.11,000/- X 12 X 13 X 15% = Rs.2,57,400/- as against Rs.1,40,400/- awarded by the Tribunal. b. Loss of Income during laid up period will be Rs.11,000/- X 3 = Rs.33,000/- as against Rs.27,000/-. c. Loss of amenities is awarded Rs.45,000/- as against Rs.20,000/- - 31 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS d. Towards pain and suffering Rs.40,000/-, towards medical expenses Rs.1,41,359/-, towards Conveyance, attendance, food and nourishment charges Rs.10,000/, future medical expenses Rs.20,000/- are retained. e. In view of the above discussions, appellant would be entitled for a total compensation of Rs.5,46,759/- as against Rs.3,99,000/- as mentioned in the table below: Heads Amount in Rs. Pain and Suffering 40,000.00 Medical Expenses 1,41,359.00 Conveyance, attendance, food and nourishment charges 10,000.00 Loss of income during laid up period 33,000.00 Loss of income on account of disability 2,57,400.00 Future medical expenses 20,000.00 Loss of amenities in life 45,000.00 TOTAL 5,46,759-00 - 32 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS In MFA No.2895/2022 in MVC No.7589/2017 a. Loss of Income on account of disability: Rs.11,000/- X 12 X 16 X 25% = Rs.5,28,000/- as against Rs.4,32,000/- awarded by the Tribunal. b. Loss of Income during laid up period will be Rs.11,000/- X 6 = Rs.66,000/- as against Rs.54,000/-. c. Pain and suffering awarded at Rs.1,00,000/- as against Rs.50,000/- d. Future medical expenses awarded at Rs.50,000/- as against Rs.25,000/- e. Towards medical expenses Rs.2,62,386/-, towards attendant, Conveyance and other Misc. expenses Rs.25,000/, Loss of amenities in life Rs.50,000/- are retained. f. In view of the above discussions, appellant would be entitled for a total compensation of - 33 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS Rs.10,81,386/- as against Rs.8,98,500/- as mentioned in the table below: Heads Amount in Rs. Pain and Suffering 1,00,000.00 Medical Expenses 2,62,386.00 Attendant, Conveyance and other Misc. expenses 25,000.00 Loss of income during laid up period 66,000.00 Loss of income on account of disability 5,28,000.00 Future medical expenses 50,000.00 Loss of amenities in life 50,000.00 TOTAL 10,81,386-00 In MFA No.2898/2022 in MVC No.7590/2017 a. Loss to estate: Rs.11,000/- X 12 X 5 X 1/3 = Rs.2,20,000/- as against Rs.1,80,000/- awarded by the Tribunal. - 34 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS b. Towards funeral expenses Rs.15,000/-, towards loss of Parential Consortium Rs.80,000/ are retained. c. In view of the above discussions, appellant would be entitled for a total compensation of Rs.3,15,000/- as against Rs.2,75,000/- as mentioned in the table below: Heads Amount in Rs. Loss to estate 2,20,000.00 Funeral Expenses 15,000.00 Loss of Parential Consortium 80,000.00 TOTAL 3,15,000-00 In MFA No.2921/2022 in MVC No.7591/2017 Global Compensation awards Rs.25,000/- towards pain and suffering, amount spent for treatment, conveyance, food and nourishment etc. are retained. - 35 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS 20. In view of the discussions made herein above I pass the following order: ORDER i) The appeals preferred by the Insurance Company of the Tempo Traveller in MFA.No.3312/2021, MFA.No.3294/2021, MFA No.3295/2021, MFA No.3297/2021, MFA No.3299/2021, MFA No.3304/2021, MFA No.3305/2021, MFA No.3306/2021, MFA No.3309/2021 are allowed in part. ii) The appeals preferred by the Claimants in MFA No.4406/2021, MFA No.2895/2022, MFA No.2898/2022, MFA No.2921/2022 are allowed in part. iii) The contributory negligence fastened against the Insurance company of the Tempo Traveller is fixed at 30% as against 50% by the Tribunal. 70% of the liability is fixed against the KSRTC bus. iv) The Claimants in each of the cases shall be entitled to compensation as under:- - 36 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS In MFA No.4406/2021 The appellant/claimant would be entitled to total compensation of Rs.5,46,759/- as against Rs.3,99,000/- awarded by the tribunal along with interest at 6% per annum. However, compensation of Rs.20,000/- granted towards future medical expenses shall not carry any interest. In MFA No.2895/2022 The appellant/claimant would be entitled to total compensation of Rs.10,81,386/- as against Rs.8,98,500/- awarded by the tribunal along with interest at 6% per annum. However, compensation of Rs.50,000/- granted towards future medical expenses shall not carry any interest. In MFA No.2898/2022 The appellant/claimant would be entitled to total compensation of Rs.3,15,000/- as against Rs.2,75,000/- awarded by the tribunal along with interest at 6% per annum. - 37 - NC: 2025:KHC:4861 MFA No. 3312 of 2021 C/W MFA No. 3294 of 2021 MFA No. 3295 of 2021 AND 10 OTHERS In MFA No.2921/2022 The appellant/claimant would be entitled to total compensation of Rs.25,000/- along with interest at 6% per annum. v) The balance compensation shall be paid by the Corporation and the Insurance Company within a period of four weeks from the date of receipt of copy of this order. vi) Trial Court records shall be transmitted to the Jurisdictional Tribunal Court along with statutory deposit and amount if any deposited before this Court to the jurisdictional tribunal. vii) The balance amount if any paid by the Insurance Company of the Tempo Traveller shall be adjusted and any excess paid shall be refunded to the Insurance Company. viii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK