- 1 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE P SREE SUDHA MISCL. FIRST APPEAL NO. 201452 OF 2019 (MV-D) C/W MISCL. FIRST APPEAL NO. 200656 OF 2019 (MV-D) MISCL. FIRST APPEAL NO. 200657 OF 2019 (MV-I) MISCL. FIRST APPEAL NO. 200658 OF 2019 (MV-D) MISCL. FIRST APPEAL NO. 201451 OF 2019 (MV-I) MISCL. FIRST APPEAL NO. 201361 OF 2021 (MV-D) IN MFA No. 201452/2019 BETWEEN: 1. DAVALATRAYA S/O. MALAKAPPA MAHUR, AGE 48 YEARS, OCC: NILL, 2. KALAWATI W/O. DAVALATRAYA MAHUR, AGE 45 YEARS, OCC: HOUSE HOLD WORK, BOTH ARE R/O SINDAGI, TQ: SINDAGI, DIST: VIJAYAPUR-586 101. …APPELLANTS (BY SRI SANGANABASAVA B. PATIL, ADVOCATE) AND: THE DIVISIONAL CONTROLLER KSRTC, VIJAYAPURA DIVISION, VIJAYAPUR-586101 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS …RESPONDENT (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 05.10.2018 PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII AT VIJAYAPURA IN MVC NO. 942/2016 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GANTING THE RELIEF AS PRAYED FOR. IN MFA NO. 200656/2019: BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, VIJAYAPURA DIVISIONAL, VIJAYAPURA. REP. BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SMT. RATNA N. SHIVAYOGIMATH., ADVOCATE) AND: 1. DAVALATRAYA S/O. MALAKAPPA MAHUR, AGED ABOUT 47 YEARS, OCC: NIL, 2. SMT. KALAVATHI W/O. DAVALATRAYA MAHUR, AGED ABOUT 45 YEARS, OCC: HH WORK BOTH ARE R/O SINDAGI, DIST: VIJAYAPURA-586 101. ...RESPONDENTS (BY SRI SANGANABASA B. PATIL, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.10.2018 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT XII, - 3 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS VIJAYAPURA, IN MVC NO.942/2016, BY REJECTING THE CLAIM OF THE RESPONDENT AGAINST THE CORPORATION, IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 200657/2019 BETWEEN: THE DIVISIONAL CONTROLLER K.S.R.T.C. VIJAYAPURA DIVISION, VIJAYAPURA. REP. BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SMT. RATNA N. SHIVAYOGIMATH.,ADVOCATE) AND: KALYANI S/O. SHARANAPPA GUNAKI, AGED ABOUT 21 YEARS, OCC: STUDENT AND PRIVATE SERVICE, R/O NAGATHAN, TQ & DIST: VIJAYAPURA-586 101. ...RESPONDENT (BY SRI SANGANABASAVA B. PATIL, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.10.2018 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT-XII, VIJAYAPUR IN MVC NO.923/2016 BY REJECTING THE CLAIM OF THE RESPONDENT AGAINST THE CORPORATION. IN MFA NO. 200658/2019: BETWEEN: THE DIVISIONAL CONTROLLER K.S.R.T.C. VIJAYAPURA DIVISION, VIJAYAPURA. REP BY ITS CHIEF LAW OFFICER - 4 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS ...APPELLANT (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) AND: 1. SMT. MANDAKINI W/O. SOMASHEKAR NAMAGOND, AGED ABOUT 48 YEARS, OCC: HH WORK, 2. SRI SOMASHEKAR S/O. VEERUPAKSHAPPA NAMAGOND AGED ABOUT 54 YEARS, OCC: AGRL AND COOLIE. BOTH ARE R/O HONNUTAGI, TQ & DIST: VIJAYAPURA-586 101. ...RESPONDENTS (BY SRI SANGANABASAVA B. PATIL, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.10.2018 PASSD BY THE III ADDL. SENIOR CIVIL JUDGE AND MACT XII, VIJAYAPUR IN MVC NO.1012/2016, BY REJECTING THE CLAIM OF THE RESPONDENT AGAINST THE CORPORATION IN THE INTEREST OF JUSTICE AND EQUITY. IN MFA NO. 201451/2019 BETWEEN: KALYANI S/O. SHARANAPPA GUNAKI, AGE 21 YEARS, OCC: STUDENT AND PRIVATE WORK, R/O NAGATHAN, TQ: & DIST: VIJAYAPUR-586 101. ...APPELLANT (BY SRI. SANGANABASAVA B PATIL.,ADVOCATE) AND: THE DIVISIONAL CONTROLLER KSRTC, VIJAYAPUR DIVISION, VIJAYAPUR-586101 ...RESPONDENT - 5 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII, VIJAYAPURA IN MVC NO.923/2016 DATED 05.10.2018 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FOR. IN MFA NO. 201361/2021 BETWEEN: 1. MANDAKINI W/O. SOMASHEKHAR NAMAGOND, AGE 50 YEARS, OCC H.H WORK, R/O HONNUTAKI, TQ AND DIST VIJAYAPUR-586 101. 2. SOMASHEKHAR S/O VEERUPAKSHAPPA NAMANGOND, AGE 55 YEARS, OCC. AGRIL AND COOLIE, R/O HONNUTAKI, TQ AND DIST VIJAYAPUR-586 101. ...APPELLANTS (BY SRI. SANGANABASAVA B PATIL.,ADVOCATE) AND: THE DIVISIONAL CONTROLLER KSRTC, VIJAYAPUR DIVISION, VIJAYAPUR-586 101. ...RESPONDENT (BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 05.10.2018 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII, VIJAYAPUR IN MVC NO.1012/2016 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY - 6 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS GRANTING THE RELIEF AS PRAYED FOR. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE P SREE SUDHA ORAL JUDGMENT A common award was passed in MVC Nos.942/2016, 1012/2016 and 923/2016 on 05.10.2018 by the Court of II Additional Senior Civil Judge and MACT – XII, Vijaypur (for short ‘the Tribunal’). 2. Brief facts of the case are that, deceased Vinod and Sivaraj were travelling as a pillion riders while Kalyani was rider of the motorcycle bearing registration No.KA-28/EH-5000. While they were proceeding on the motorcycle, a KSRTC Bus bearing registration No.KA-28/F-1595 came from opposite direction in high speed and lost its control and dashed to the motor cycle. As a result, Vinod died on the spot, Shivaraj died in the hospital and Kalyani sustained injuries and charge sheet was filed against the driver of the bus. 3. MFA Nos.201452/2019, 201451/22019 and 201361/2021 are filed by the claimants and MFA - 7 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS Nos.200656/2019, 200657 and 200658/2019 are filed by the Insurance Company. 4. MFA Nos.201452/2019, 201361/2019 and 201451/2019 MFA No.201452/2019 is filed against the said award in MVC No.942/2016 by the parents of Vinod claiming compensation of Rs.50,00,000/-. The Tribunal after considering entire evidence on record, granted an amount of Rs.8,06,000/- with interest at the rate of 9% per annum. MFA No.201361/2019 is filed against the above said award in MVC 1012/2016 by the parents of Shivaraj claiming compensation of Rs.14,84,000/-. The Tribunal granted Rs.6,98,000/- with interest at 9% per annum. MFA No.201451/2019 is filed against the above said award in MVC No.923/2016 by injured claimant Kalyani, who was a student and doing private service. She filed a claim petition claiming compensation of Rs.15,00,000/-. The Tribunal after considering entire material on record, granted an amount of Rs.2,93,000/- with interest at the rate of 9% per annum. - 8 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS 5. The claimants in MFA Nos.201361/2019 and 201452/2019 have contented that, though deceased were earning Rs.10,000/-, the Tribunal has taken meagre income and 50% is to be deducted towards their personal expenses and meagre amounts are granted for funeral expenses, transportation and loss of estate. So also, 40% is to be added towards future prospects, but it was not done and interest is to be enhanced to 18%. Thus, requested for modification of the order. 6. The claimant in MFA No.201451/2019 has contended that, though the claimant was doing private work and getting income of Rs.10,000/- p.m., the Tribunal has taken the income as Rs.7,000/- per month. Further, though the appellant has sustained fractural injuries and lost his 100% earning capacity, the Tribunal has failed to consider the same. So also, the amounts granted under pain and suffering, loss of amenities, life comports and expectancy of life, food, conveyance and nourishment and medical expenses are on the lower side and no amount is granted under future medical - 9 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS expenses and loss of earning during laid up period. Thus, requested modification of the order. 7. MFA Nos.200656/2019, 200657/2019 and 200658/2019 These three appeals are filed by the Insurance Company against the said award in which the Insurance Company has mainly contended that, the petition is not maintainable due to non-joinder of necessary parties that owner and insurer of the motorcycle involved in the accident were not added as parties. Though the motorcycle is designed to carry one rider and one pillion rider, three persons were travelling on it and they contributed for the accident. Though the KSRTC bus slowed down and literally stopped, the rider of the motor cycle lost the control, came on wrong side, dashed the bus with full force to the front side corner bumper of the bus, fell down, sustained injuries and died. But the Tribunal fixed the entire liability on the Corporation. Moreover, the rider of the offending motorcycle, Kalyani, was having only Learners License and she obtained the said license about two months back and it was her own admission in the deposition of PW3. She was aged 18 - 10 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS years. Therefore, they are entitled for contributory negligence. Further, the Tribunal erred in taking the notional income as Rs.7,000/- per month, as the deceased Vinod and Shivaraj are students studying PUC. Thus, requested for reduction. So also, the amount granted under the other heads like funeral expenses and transportation is excessive and the interest is to be modified to 6%. Accordingly, requested for modification of the order. 8. Heard the arguments of both sides. 9. Considering the manner of accident, the charge sheet was filed against the driver of the bus. The corporation has examined the driver as RW1 and claimants examined PW1 to PW5. Considering the said evidence on record, the Tribunal held that Corporation alone is entitled to pay the compensation and directed them to deposit the entire amount. Admittedly, it is a case of triple riding, which is in violation of the terms and conditions of the policy. 10. In MFA Nos.200656/2019, 200657/2019 and 200658/2019 - 11 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS The rider of the motorcycle is having learner's licence and she took the said licence about two months back and he was riding the motorcycle with two other persons, as such, this Court finds it reasonable to take the contributory negligence of the rider of the motorcycle as 20%. But the counsel of the appellant relied upon a citation reported in Mohammed Siddique and Another Vs. National Insurance Company Ltd., and Others1, in which it was held that, if at all it is the case of triple riding, it amounts to violation of Section 128 of the Motor Vehicles Act and that itself cannot be held as contributing evidence on the part of the rider of the motorcycle. There must be a casual connection between the violation and accident or a casual connection between violation and the impact of the accident upon the victim. In the said case, a car hit the motorcycle from behind. But in this case, the bus came from the opposite direction and dashed the motorcycle and definitely there is some negligence on the part of the rider of the motorcycle. Therefore, this Court finds it reasonable to apportion the contributory negligence to 20% on the rider of the motorcycle. 1 AIR 2020 SC 520 - 12 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS 11. IN MFA Nos.201452/2019, 201361/2019 The claimants in these appeals were aged 18 years, hence, the multiplier is to be taken as ‘18’. Further, as per the citation reported in National Insurance Co. Ltd. vs. Pranay Sethi2, 40% is to be added towards future prospects and as they were bachelors, 50% is to be deducted. Accordingly, the loss of dependency comes to: [(8,750 + 40%) - 50% x 12 x 18] = Rs.13,23,000/- 12. The accident is of the year 2016, hence, Rs.48,000/- each is to be granted to parents towards filial consortium in both the appeals and they are also entitled for Rs.36,000/- each under the conventional heads in both the appeals. 13. In all, the total compensation comes to Rs.14,55,000/- as against Rs.8,06,000/- and Rs.6,98,000/- awarded by the Tribunal in MFA No.201452/2019 and MFA No.201361/2021, with interest at the rate of 6% per annum from the date of petition till realization. 2 (2017) 16 SCC 680 - 13 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS 14. The award passed by the Tribunal is modified as under: Respondent - Insurance company in both the appeals has already deposited 50% of the compensation. Therefore, the balance amount is to be deposited by the Insurance Company within 1 month along with interest at 6% per annum from the date of this order. 15. IN MFA No.201451/2019 As per the wound certificate, the appellant sustained compound grade I fracture both bone leg right side, friction abrasion right lower leg antero medial aspect, wound around Heads Amount in Rs. (in MFA No.201452/2019) Amount in Rs. (in MFA No.201361/2019) 1. Loss of dependency 13,23,000/- 13,23,000/- 2. Loss of filial consortium 48,000/- 48,000/- 3. Loss of estate and funeral expenses 36,000/- 36,000/- TOTAL 14,55,000/- 14,55,000/- Less: awarded by the Tribunal 8,06,000/- 6,98,000/- Enhancement 6,49,000/- 7,57,000/- - 14 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS 3x2cm over medial aspect right lower leg, no neurological deficits and L4 wedg compression fracture. Out of these fractures, first and fifth are grievous in nature and two, three and four are simple injuries. PW5 – Doctor assessed the disability as 20% to 25% to the right lower limb and the tribunal has rightly taken 1/3rd of the functional disability as 8%. Income of the injured is to be taken as Rs.8,750/-, as he met with an accident in the year 2016. The multiplier is taken as ‘18’. Therefore, the loss of future income comes to: 8,750 x 12 x 18 x 8% = Rs.1,51,200/- 16. The Tribunal granted Rs.1,21,217/- towards medical expenses and it needs no interference. 17. Appellant was hospitalized for a period of 9 days. Considering the age, nature of injuries and period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. - 15 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS 18. He might not have attended any other work atleast for a period of four months, therefore, Rs.35,000/- (8,750 x 4) is awarded towards loss of income during laid up period. 19. The total compensation comes to Rs.4,12,417/ against the award of the Tribunal i.e., Rs.2,93,000/-. 20. The award passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of income 1,51,200/- 2. Pain and suffering 50,000/- 3. Loss of amenities 25,000/- 4. Medical expenses 1,21,217/- 5.Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during laid up period for 4 months 35,000 /- Total 4,12,417/- Respondent - Insurance Company in this appeal has already deposited 50% of the compensation. But, the liability of the Insurance Company fixed by this Court in this appeal is 80%. Therefore, the balance amount is to be deposited by the Insurance Company within 1 month along with interest at 6% per annum from the date of petition till restoration. - 16 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS 21. In the result, the following order is passed: i) The appeals in MFA Nos.201452/2019, 200657/2019, 201451/2019 and 201361/2021 are allowed in part. ii) The appeals in MFA Nos.200656/2019 and 200658/2019 are dismissed. iii) The claimants in MFA No.201452/2019 is entitled for an enhanced compensation of Rs.6,49,000/- along with interest at 6% per annum from the date of petition till realization. iv) The claimants in MFA No.201361/2021 is entitled for an enhanced compensation of Rs.7,57,000/- along with interest at 6% per annum from the date of petition till realization. v) Respondent No.2 – Insurance Company in MFA Nos. 201452/2019 and 201361/2021 is directed to deposit the enhanced compensation along with aforesaid interest within one month from the date of this judgment. - 17 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS vi) Respondent - Insurance Company in MFA No.201451/2019 has already deposited 50% of the compensation. But, the liability of the Insurance Company is 80% fixed by this Court. Therefore, the Insurance Company is directed to deposit balance compensation within one month from the date of this judgment vii) On such deposit, the claimants in MFA Nos.201452/2019 and 201361/2021 are permitted to withdraw the entire amount equally along with interest accrued on it. However, as per the order dated 02.12.2025, the claimants in MFA No.201452/2019 are not entitled for interest for the delayed period and as per the order dated 02.12.2025, the claimants in MFA No.201361/2021 is not entitled for interest for the delayed period in filling the appeals. viii) On such deposit, the appellant in MFA No.201451/2019 is permitted to withdraw the entire amount along with interest accrued on it. - 18 - HC-KAR NC: 2025:KHC-K:7784 MFA No. 201452 of 2019 C/W MFA No. 200656 of 2019 MFA No. 200657 of 2019 AND 3 OTHERS However, as per the order dated 02.12.2025, the claimants in this appeal are not entitled for interest for the delayed period in filling the appeal. Sd/- (P SREE SUDHA) JUDGE THM List No.: 1 Sl No.: 43 CT:RJ