- 1 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 102933 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102934 OF 2017 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 103192 OF 2017 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 103193 OF 2017 (MV-D) IN MFA NO.102933/2017: BETWEEN: SMT. KASTURI W/O BHIMAPPA TELI AGE: 43 YEARS, OCC: COOLIE & WORKING AS ASHA KARYAKARTE, PRESENTLY NIL, R/O: SIDDAPUR VILLAGE-587301, TQ: JAMKHANDI, DIST: BAGALKOT. …APPELLANT (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. THE DEPOT MANAGER, N.W.K.R.T.C., MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER/CONTROLLER, N.W.K.R.T.C., (SELF INSURANCE CO.) NAVANAGAR, BAGALKOT-587103. …RESPONDENTS (BY SRI. S.L. MATTI, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.05.2017 PASSED IN MVC NO.261/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, JAMKHANDI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS IN MFA NO.102934/2017: BETWEEN: 1. SMT. LAXMI W/O IRAPPA AMBI AGE: 26 YEARS, OCC: HOUSEHOLD WORK, 2. KUMARI SAKSHI D/O IRAPPA AMBI AGE: 06 YEARS, OCC: NIL, 3. KUMARI KAVYA D/O IRAPPA AMBI AGE: 04 YEARS, OCC: NIL, 4. KUMARI ANKITA D/O IRAPPA AMBI AGE: 10 YEARS, OCC: STUDENT, SINCE APPELLANT NOS. 2 TO 4 ARE MINORS, R/BY NATURAL MOTHER GUARDIAN APPELLANT NO.1. 5. BASAPPA S/O BALAPPA AMBI AGE: 51 YEARS, OCC: NIL, 6. SMT. SUVARNA W/O BASAPPA AMBI AGE: 49 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O: SIDDAPUR VILLAGE-587301, TQ: JAMKHANDI, DIST: BAGALKOT. …APPELLANTS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. THE DEPOT MANAGER, N.W.K.S.R.T.C., MUDHOL-587313, TQ: MUDHOL, DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER/CONTROLLER, N.W.K.S.R.T.C., (SELF INSURANCE CO.) NAVANAGAR, BAGALKOT-587103. …RESPONDENTS (BY SRI. S.L. MATTI, ADVOCATE FOR R1 & R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.05.2017 PASSED IN MVC NO.255/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, JAMKHANDI, - 3 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION & ETC. IN MFA NO.103192/2017: BETWEEN: 1. THE DEPOT MANAGER N.W.K.S.R.T.C. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, R/BY CHIEF LAW OFFICER, HUBBALLI. 2. THE DIVISIONAL MANAGER/CONTROLLER, N.W.K.S.R.T.C. (SELF INSURANCE CO.) NAVANAGAR, BAGALKOT, R/BY CHIEF LAW OFFICER, HUBBALLI. …APPELLANTS (BY SRI. S.L. MATTI, ADVOCATE) AND: SMT. KASTURI W/O BHIMAPPA TELI AGE: 43 YEARS, OCC: COOLIE AND WORKING AS A ASHA KARYAKARTE, PRESENTLY NIL. RESIDENT OF SIDDAPUR VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT-587301. …RESPONDENT (BY SRI. HARISH S. MAIGUR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.05.2017 PASSED IN MVC NO.261/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, JAMKHANDI, AWARDING COMPENSATION OF RS.50,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT & ETC. IN MFA NO.103193/2017: BETWEEN: 1. THE DEPOT MANAGER, N.W.K.S.R.T.C., MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, R/BY CHIEF LAW OFFICER, HUBBALLI. 2. THE DIVISIONAL MANAGER/CONTROLLER, N.W.K.S.R.T.C., (SELF INSURANCE CO.), - 4 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS NAVANAGAR, BAGALKOT. R/BY CHIEF LAW OFFICER, HUBBALLI. …APPELLANTS (BY SRI. S.L. MATTI, ADVOCATE) AND: 1. SMT. LAXMI W/O IRAPPA AMBI AGE: 26 YEARS, OCC: HOUSEHOLD WORK, 2. KUMARI SAKSHI D/O IRAPPA AMBI AGE: 06 YEARS, OCC: NIL, 3. KUMARI KAVYA D/O IRAPPA AMBI AGE: 04 YEARS, OCC: NIL, 4. KUMARI ANKITA D/O IRAPPA AMBI AGE: 10 YEARS, OCC: STUDENT, SINCE RESPONDENT NOS. 2 TO 4 ARE MINORS, R/BY THEIR NEXT FRIEND/NATURAL MOTHER RESPONDENT NO.1 SMT. LAXMI W/O IRAPPA AMBI. 5. SRI. BASAPPA S/O BALAPPA AMBI AGE: 51 YEARS, OCC: NIL, 6. SMT. SUVARNA W/O BASAPPA AMBI AGE: 49 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O: SIDDAPUR VILLAGE, TQ: JAMKHANDI-587301. …RESPONDENTS (BY SRI. HARISH S. MAIGUR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.05.2017 PASSED IN MVC NO.255/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-V, JAMKHANDI, AWARDING COMPENSATION OF RS.17,03,153/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT & ETC. THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 5 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) The above appeals are directed against judgment and award dated 27.05.2017 passed in MVC No.255/2016 and judgment and award dated 31.05.2017 passed in MVC No.261/2016 on the file of learned Prl. Senior Civil Judge and Member, MACT-V, Jamkhandi1. 2. MFA No.102933/2017 & MFA No.102934/2017 are filed by the claimants seeking enhancement of compensation, whereas MFA Nos.103192/2017 & 103193/2017 are filed by the NWKRTC2 challenging the contributory negligence as well as liability fastened on the Corporation. 3. Brief facts of the case leading to filing of these appeals are that, on 22.11.2015 at about 7.30 p.m., the deceased Irappa was proceeding on his motorcycle bearing reg.No.KA-25/EF-6318 along with injured-Kasturi towards Jamkhandi. When they came near Hulyal cross in front of Vidya Bhavan on Jamkhandi-Mudhol road, at that time, driver of NWKRTC bus bearing registration No.KA-29/F-1220 came in 1 For short ‘Tribunal’ 2 For short ‘Corporation’ - 6 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS a rash and negligent manner from opposite direction with high speed and dashed against the motorcycle of the deceased Irappa. Due to the said impact, the deceased Irappa and injured-Kasturi sustained grievous injuries and immediately, they have taken to City Hospital, Jamkhandi for treatment and thereafter, they referred to Miraj Hospital for higher treatment. On the way to hospital, the deceased Irappa succumbed to the said injuries. Prior to the accident, the injured-Kasturi was doing coolie work and earning Rs.10,000/- per month. The deceased Irappa was working in Sugar Factory and drawing salary of Rs.15,000/- per month. 4. The Corporation resisted the claim petitions by filing written statement. It was contended that the accident was not occurred due to rash and negligent driving of the driver of NWRKTC bus. It was further contended that due to crying sound at the spot, the conductor of the said bus stopped and gave aid to the injured person, which was caused by the tractor and trailer. Thus, prayed for dismissal of the claim petitions. 5. The Tribunal on appreciation of oral and documentary evidence on record, awarded a global - 7 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS compensation of Rs.50,000/- with interest at 9% per annum in favour of the injured-Kasturi and Rs.17,03,153/- with interest at 9% per annum in respect of deceased Irappa. Aggrieved by the same, the claimants as well as the Corporation are before this Court challenging the quantum of compensation as well as contributory negligence including liability fastened on the Corporation. 6. Learned counsel Sri.Harish S Maigur appearing for the appellants-claimants submits that the Tribunal has awarded a meager compensation in respect of injuries sustained by the injured-Kasturi, which requires to be interfered with. He submits that the Tribunal also committed an error in assessing the income of the deceased at Rs.7,334/- per month, which is incorrect and contrary to the evidence of Ex.P12-Salary Certificate. It is further submitted that in light of decision of the Hon’ble Apex Court in the case of Magma General Insurance Company Limited Vs. Nanu Ram & Others3, the claimants would be entitled to Rs.40,000/- each towards loss of consortium. Insofar as negligence and liability is concerned, the 3 2018 ACJ 2782 - 8 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS Tribunal taking note of oral and documentary evidence including charge sheet material, has rightly held that due to rash and negligent driving of driver of Corporation, the accident occurred and thus, fixed entire negligence on the driver of the bus and fastened liability on the Corporation to pay compensation, which does not call for interference at the hands of this Court. Thus, he seeks to allow the appeals filed by the claimants by enhancing the compensation. 7. Per contra, Sri. S.L.Matti, learned counsel for the appellant/Corporation in support of his appeals contends that based on oral and documentary evidence on record, the Tribunal has awarded just and reasonable compensation in both cases, which requires no modification. However, he strenuously contends that the Tribunal committed an error in recording a finding that the driver of the Corporation bus was negligent in causing the accident. He specifically contends that the rider of the motorcycle was behind moving tractor-trailer and the driver of the tractor-trailer suddenly took turn and the driver of the bus could not apply brake, hence, the liability is required to be shifted on the driver of the tractor-trailer, who was mainly responsible for cause of accident. However, this aspect of the - 9 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS matter has not been considered by the Tribunal in a proper perspective. Hence, he seeks to modify the judgment and award of the Tribunal by allowing the appeals filed by the Corporation. 8. We have heard the learned counsel for the respective parties and perused the appeal papers along with original records. 9. Having heard the learned counsel for the parties and on perusal of the material available on record, the following points would arise for our consideration in the these appeals: 1) Whether the quantum of compensation awarded by the Tribunal is just and proper in the facts and circumstances of the case? 2) Whether the Corporation has made out a case for interference insofar as the aspect of negligence and liability is concerned? 10. Answer to the above point would be in the “partly affirmative” and “negative” respectively for the following reasons: (a) The factum of road accident on 22.11.2015 resultant death of deceased Irappa and injuries to the claimant- - 10 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS Kasturi is not disputed by the parties to the proceedings. It is the specific contention of the Corporation that the accident has occurred due to negligent act of the driver of the tractor-trailer. PW2, who is an eye-witness to the incident, has clearly deposed that the accident is caused due to rash and negligent driving of driver of Corporation bus. In addition to the evidence available before the Tribunal, we have perused the charge sheet material, which also indicates that the accident is caused due to rash and negligent driving of Corporation bus by its driver. Hence, we are of the considered view that the Tribunal taking note of oral and documentary evidence on record has rightly justified in holding that the accident occurred due to rash and negligent driving of the driver of Corporation bus. Thus, we do not find any error or illegality in the finding recorded by the Tribunal insofar as negligence and liability is concerned. Accordingly, we reject the said contention raised by the Corporation. Consequently, the appeals filed by the Corporation are liable to be dismissed and accordingly, dismissed. (b) As regards the quantum of compensation, in MVC No.261/2016, the Tribunal taking into consideration the oral - 11 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS and documentary evidence on record, has rightly awarded a global compensation of Rs.50,000/-, which in our view is just and proper and does not warrant interference at the hands of this Court. Hence, the appeal filed by the injured-Kasturi is dismissed as devoid of merits. (c) In MVC No.255/2016, the Tribunal has taken the income of the deceased Irappa at Rs.7,334/- per month, which is contrary to the evidence on record. The claimants produced Ex.P12-Salary Certificate of the deceased, which depicts that the deceased Irappa was drawing a salary of Rs.8,925/- for the month of November, 2015. However, the Tribunal has taken the net income of the deceased, which is incorrect. Therefore, taking note of Ex.P12-Salary Certificate, we re-assess the income of the deceased at Rs.8,925/- per month. There is no dispute with regard to age of the deceased i.e. 29 years as on the date of the accident and proper multiplier of 17. The Tribunal has rightly added 50% of the assessed income towards loss of future prospects, as the deceased was in permanent employment. There are six dependents, hence, 1/4th has to be deducted towards personal & living expenses of the deceased. - 12 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS Thus, the claimants are entitled to modified compensation on the head of loss of dependency as under: Rs.8,925 + 50% x 12 x 17 x 3/4 = Rs.20,48,287.5, which is rounded off to Rs.20,48,290/- (d) The Tribunal committed an error in awarding meager compensation on the conventional heads. Keeping in mind the enunciation of law laid down by the Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others4 and Magma General Insurance Company (supra), the claimants would be entitled to Rs.40,000/- each towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. (e) The claimants are entitled for the following modified compensation: 1 Loss of dependency Rs.20,48,290/- 2 Loss of consortium (Rs.40,000/- each to appellants No.1 to 6) Rs.2,40,000/- 3 Transportation of dead body and Funeral expenses Rs.15,000/- 4 Loss of estate Rs.15,000/- Total Rs.23,18,290/- 4 2017 (16) SCC 680 - 13 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS 11. Thus, the claimants in MVC No.255/2016 would be entitled to total compensation of Rs.23,18,290/- as against Rs.17,03,153/- awarded by the Tribunal. 12. Hence, we proceed to pass the following: ORDER i. MFA No.102933/2017 filed by the injured- Kasturi and MFA No.103192/2017 and MFA No.103193/2017 filed by the Corporation are dismissed as devoid of merits. ii. MFA No.102934/2017 filed by the claimants is allowed in part. iii. The judgment and award of the Tribunal in MVC No.255/2016 on the file of learned Prl. Senior Civil Judge and Member, MACT-V, Jamkhandi is modified holding that the claimants are entitled to total compensation of Rs.23,18,290/- as against Rs.17,03,153/- awarded by the Tribunal. iv. The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of payment. v. The Corporation shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of - 14 - HC-KAR NC: 2025:KHC-D:10278-DB MFA No. 102933 of 2017 C/W MFA No. 102934 of 2017 AND 2 OTHER MATTERS six weeks from the date of receipt of certified copy of this judgment. vi. The apportionment, deposit and disbursement shall be made in terms of award of the Tribunal. vii. The amount in deposit be transmitted to the Tribunal along with TCR forthwith. viii. Draw modified award accordingly. ix. No order as to costs. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 39