- 1 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 25724 OF 2012 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 24596 OF 2012 (MV-D) IN MFA NO. 25724 OF 2012: BETWEEN: 1. THE MANAGING DIRECTOR, N.W.K.R.T.C., GOKUL ROAD, HUBBALLI, OWNER OF THE BUS BEARING NO. KA 29/F 865. 2. SELF INSURANCE FUND, REPRESENTED BY ITS MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, HUBBALLI. … APPELLANTS (BY SRI. I.C. PATIL, ADVOCATE) AND: 1. MAHADEVAPPA FAKKIRAPPA MADAR, AGE: 49 YEARS, OCC: COOLIE, R/O: KOUJAGERI, TQ: RON, DIST: GADAG. 2. TAYAPPA MAHADEVAPPA MADAR, AGE: 19 YEARS, OCC: NIL, R/O: KOUJAGERI, TQ: RON, DIST: GADAG. 3. NINGAPPA MAHADEVAPPA MADAR, AGE: 18 YEARS, OCC: NIL, R/O: KOUJAGERI, TQ: RON, DIST: GADAG. … RESPONDENTS (BY SRI. S.M. KALWAD, ADVOCATE FOR R1-R3) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 17.07.2012 PASSED IN MVC NO.264/2010 ON THE FILE OF THE DISTRICT JUDGE AND M.A.C.T., GADAG, AS CLAIM PETITION IS NOT MAINTAINABLE, BY ALLOWING THIS APPEAL. IN MFA NO. 24596 OF 2012: BETWEEN: 1. MAHADEVAPPA FAKKIRAPPA MADAR, AGE: 49 YEARS, OCC: COOLIE, 2. TAYAPPA MAHADEVAPPA MADAR, AGE: 19 YEARS, OCC: NIL, 3. NINGAPPA MAHADEVAPPA MADAR, AGE: 18 YEARS, OCC: NIL, ALL ARE R/O: KOUJAGERI, TQ: RON, DIST: GADAG-560 003. … APPELLANTS (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, NWKRC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580 002. 2. SELF INSURANCE FUND, NWKRC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580 002, REP. BY ITS MANAGING DIRECTOR. … RESPONDENTS (BY SRI. I.C. PATIL, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 17.07.2012 PASSED IN M.V.C. NO.264/2010 ON THE FILE OF THE DISTRICT JUDGE AND M.A.C.T., GADAG AND CONSEQUENTLY ENHANCE THE COMPENSATION AS PRAYED FOR IN THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 THESE APPEALS ARE COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.25724/2012 is filed by KSRTC challenging the liability saddled on it, whereas, MFA No.24596/2012 is filed by the claimants seeking enhancement of compensation. 2. Both these appeals are filed against the judgment and award dated 17.07.2012 passed in MVC No.264/2010 on the file of District Judge and MACT, Gadag (for short, ‘the Tribunal’). 3. It is the case of claimants that, on 17.06.2010 at about 5.00 p.m., at Ron platform of old bus stand, Gadag, the Siddavva W/o. Mahadevappa Madar (for short, ‘the deceased’), along with others, was waiting for a bus. At that time, a KSRTC bus bearing registration No.KA-29/F-865, came with high speed and in a rash and negligent manner, and dashed against the deceased. Due to which, the deceased fell down and sustained severe injuries. Thereafter, she was immediately shifted to the Government Hospital, - 4 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 Gadag, where she succumbed to injuries and died at 8.30 p.m., on the same day. In this regard, a complaint was lodged against the driver of bus and a case was registered in Crime No.29/2010 for the offences punishable under Sections 279 and 304-A of the Indian Penal Code and Section 187 of the Motor Vehicle Act, 1988. 4. Upon the claim petition filed, the Tribunal has awarded compensation of Rs.30,000/- with costs and interest at the rate of 6% per annum from the date of petition till the date of realisation. 5. The learned counsel for the appellant/Insurance Company submitted that the death of deceased was not caused by the accident, but was due to a heart attack. Therefore, it is contended that there is no nexus between the accident and death of the deceased. Hence, prays to allow the appeal. 6. The learned counsel for the appellants/claimants submitted that the Tribunal has awarded lesser amount of compensation. Therefore, the same is required to be - 5 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 enhanced by modifying the judgment and award of the Tribunal. 7. Considering the pleadings in the claim petition and the oral and documentary evidence, including Ex.P1-FIR and Ex.P2-Complaint, it is alleged in the complaint that the deceased was waiting for bus at Ron platform of old bus stand, Gadag, to travel to Ron. At that time, the driver of KSRTC bus bearing registration No.KA-29/F-865, drove the vehicle in reverse with high speed and in a rash and negligent manner and dashed against the deceased. Ex.P5 is the charge sheet. During the course of investigation, it was revealed that, the deceased died as a result of accident, making the driver of KSRTC bus as accused. PW.2 is the doctor, who has given an endorsement stating that the cause of death was a heart attack. Therefore, the KSRTC is contending that the death was caused by a heart attack and not due to accidental injuries. However, considering the proximity of events, it is noted that the accident occurred on 17.06.2010 at 5.00 p.m., and the deceased was immediately shifted to the Government Hospital, Gadag, where she died - 6 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 at 8.30 p.m. The Tribunal has raised a question that if the bus came in reverse with high speed is there any chances of person who was standing nearby to suffer heart attack due to fear and heart attack and answer by PW.2-doctor had stated in response to a question that there may be chances. 8. It is the case of the claimants that while the deceased was waiting for a bus, the KSRTC bus dashed against her, and as a result, there were chances of her suffering a shock, which certainly led to a heart attack. Therefore, merely because the doctor has opined in the post- mortem report that the cause of death was cardio- respiratory arrest, it cannot be concluded that the accident was not the triggering factor. The cause of the cardio- respiratory arrest may have originated from the impact of the accident itself. When a heavy vehicle hits a person, it is certainly possible for the person to suffer shock, which can lead to cardiac arrest. Hence, there is a nexus between the accident and the death, especially considering the short time span between the accident and the death, which is only about three and a half hours. Therefore, it is proved that the - 7 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 death of the deceased was caused due to the accident. The absence of external injuries alone cannot be a ground to conclude that the accident did not occur or that it did not cause the death. Therefore, it is proved that the deceased died as a result of the bus hitting her, which caused a shock leading to cardiac arrest. Hence, the nexus between the accident and the death is clearly established. In this regard, the Tribunal has erred in its observation and finding that there was no nexus between the accident and death. The said finding is liable to be set aside. Accordingly, the appeal filed by the Insurance Company is dismissed. Regarding Quantum of Compensation in MFA No.24596/2012: 9. In this case, the Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of love and affection. 15,000/- 2. Funeral and obsequies. 10,000/- 3. Transportation of dead body. 5,000/- Total 30,000/- - 8 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 10. The Tribunal awarded lesser amount of compensation contrary to the principles of law decided by the Hon’ble Supreme Court. Therefore, the same is required to be enhanced by modifying the judgment and award of the tribunal. 11. The deceased was aged 40 years as on the date of accident and was doing agricultural work. The accident is caused on 17.06.2010. Hence, in the absence of proof of income, notional income is to be taken at Rs.5,500/- for the year 2010, as recognized by the Karnataka State Legal Services Authority. In view of the decision of the Hon’ble Apex Court in case of National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, considering the age of the deceased, 40% of the income is to be added towards loss of future prospects in life. There are three dependants, who are husband and two children. Therefore 1/3rd of the income is to be deducted towards his personal and living expenses. Considering the age of the deceased, the appropriate applicable multiplier is 15. Therefore loss of - 9 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 dependency is re-assessed and quantified at Rs.9,24,000/- (Rs.5,500 + 40% x 1/3 x 12 x 15). 12. In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra), the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. There are three dependents who are husband and two children. Accordingly, Rs.1,32,000/- (Rs.40,000 x 3 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’. 13. Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded. 14. Thus, the claimants would be entitled for total compensation under various heads as under: - 10 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 Sl. No. Heads. Amount in (Rs.) 1. Towards loss of dependency 9,24,000/- 2. Towards loss of consortium (40,000 x 3 +10%) 1,32,000/- 3. Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%) 33,000/- Total: 10,89,000/- 15. Therefore, the claimants are entitled for total compensation of Rs.10,89,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.30,000/- awarded by the Tribunal. 16. The Insurance Company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 17. In the result, I proceed to pass the following: ORDER i) MFA No.25724/2012 filed by the Insurance Company is dismissed. - 11 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 ii) MFA No.24596/2012 filed by the claimants is allowed in part. iii) The judgment and award dated 17.07.2012 passed in MVC No.264/2010 on the file of District Judge and MACT, Gadag, stands modified. iv) The claimants are entitled for total compensation of Rs.10,89,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against the compensation of Rs.30,000/- awarded by the Tribunal. v) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) The order with regard to apportionment of compensation, deposit and release of amount would be as per order of Tribunal. - 12 - HC-KAR NC: 2025:KHC-D:9160 MFA No. 25724 of 2012 C/W MFA No. 24596 of 2012 vii) Send a copy of this judgment and award along with TCR to the Tribunal. viii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 65