- 1 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 6106 OF 2024 (MV-D) BETWEEN: THE MANAGING DIRECTOR KSRTC CENTRAL OFFICES K H ROAD, SHANTHINAGAR BANGALORE-560027 REP BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. G LAKSHMEESH RAO.,ADVOCATE) AND: 1. SMT. ANISALBATHUL A W/O LATE ALI NAWAZ KHAN AGED ABOUT 46 YEARS, 2. KUM AYESHA FATHIMA A D/O LATE ALI NAWAZ KHAN AGED ABOUT 15 YEARS, 3. MAS ABRAAR ALI KHAN A D/O LATE ALI NAWAZ KHAN Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 AGED ABOUT 14 YEARS, ALL ARE R/AT NO.41/1, KUMBAKONAM ROAD, OPP; POST OFFICE PANRUTI CUDDALORE, TAMIL NADU-607106 MINOR REP BY THEIR MOTHER 1ST PETITIONER SMT ANISAL BATHUL A. …RESPONDENTS (BY SRI.MADHU K T .,ADVOCATE FOR R1 TO R3) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2024 PASSED IN MVC NO.2632/2023 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACMM, MACT, BENGALURU, (SCCH-17), AWARDING COMPENSATION OF RS.41,37,300/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and - 3 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) A Transport Corporation whose bus is involved in a road accident on 09.04.2023 resulting in the death of Sri Ali Nawaz Khan is in appeal calling in question the Judgment and Award dated 01.04.2024 in MVC No.2632/2023 on the file of the XIX Additional Judge, Court of Small Causes, Bengaluru [for short, 'the Tribunal']. This claim petition in MVC No.2632/2023 under Section 166 of the Motor Vehicles Act, 1988 [for short, 'the MV Act'] is presented by Sri Ali Nawaz Khan's wife and two minor sons. 2. The Tribunal has awarded a total sum of Rs.41,37,300/- as compensation with interest at the rate of 6% per annum apportioning the compensation amongst the respondents-claimants in the ratio of - 4 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 50:25:25 with a further direction that 50% of the compensation payable to the first respondent shall be kept in a fixed deposit with a scheduled bank for a period of three years and the entire amount payable to the second and the third respondents shall be deposited with any scheduled bank until they attain the age of 18 years. The Tribunal has granted the aforesaid amount of Rs.41,37,300/- under the following heads. 1 Loss of dependency Rs.31,20,000/- 2 Loss of future prospects Rs. 7,80,000/- 3 Loss of Consortium Rs. 1,32,000/- 4 Loss of estate Rs. 16,500/- 5 Funeral Expenses Rs. 16,500/- 6 Towards medical expenses Rs. 72,300/- Total Rs.41,37,300/- The transport Corporation and the respondents, for reasons of convenience, are referred to as the - 5 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 appellant and the claimants respectively and this Court must also record that there is no dispute about the demise of Sri Ali Nawaz Khan because of the injuries suffered in the road accident on 09.04.2023 when he was trying to cross a highway between Bangalore-Mysore road. 3. Sri Lakshmeesh Rao, the learned counsel for the appellant, submits that the Tribunal has answered the Issue No.1 on negligence fastening the liability entirely on the driver with the appellant overlooking material facts. The learned counsel submits that Sri Ali Nawaz Khan tried to cross the highway taking advantage of a break in the divider intended only for the vehicles to take a U-turn and that there was no zebra crossing. As against these submissions, Sri Madhu H.T., the learned counsel for the claimants, submits, relying upon the evidence of the appellant's driver, RW-1, that the appellant cannot be absorbed of its liability asserting that - 6 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 Sri.Ali Nawaz Khan was crossing a highway without a zebra crossing because the appellant's driver admits that the divider is because of a medical college on one side of the highway and a metro station/bus stand on the other and that because people cross the highway at this U-turn. 4. The records are perused in the light of the same including the spot sketch and the mahazar which has a photograph of the place of the accident. This Court observes that [a] there is no zebra crossing at the place of accident, [b] the accident is on the first lane of the four-lane highway with Sri Ali Nawaz Khan crossing from the other side, [c] the authorities have placed barricades on both side of the road. This Court must opine that Sri Ali Nawaz Khan has attempted to cross a highway at a place where pedestrian crossing was not contemplated and this must receive due consideration as must the fact that the police have filed charge sheet against the - 7 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 appellant's driver after investigation based on the First Information Report filed by Sri Ali Nawaz Khan's co-worker. 5. If Sri Ali Nawaz Khan was attempting to cross at a place where there was no pedestrian crossing and the accident is on the first lane with Sri Ali Nawaz Khan having crossed the first half of the road despite the barriers on both sides, his negligence is shown. This would not mean that the entire negligence must be on Sri Ali Nawaz Khan as the appellant's driver has acknowledged that the people generally cross the highway at this junction and that he is used to driving along that route. This Court is of the view that there must be appropriate apportionment of negligence between the deceased and the appellant's bus driver. On a careful consideration of all the circumstances, this Court is of the view that the apportionment of negligence - 8 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 between the appellant's bus driver and Sri Ali Nawaz Khan must be in the ratio of 80:20. 6. Sri G. Lakshmeesh Rao next canvasses that the Tribunal has computed loss of dependency without considering the net income and in this regard, the learned counsel invites this Court's attention to the appointment letter and pay slips marked as Exhibit P.11 and P.12. The learned counsel submits that because Sri Ali Nawaz Khan is paid transport allowance of Rs.1,600/- and mess charges of Rs.2,631/- and that these amounts must be deducted. As against these submissions, Sri Madhu K.T. submits that these are expenses incurred by the deceased which is part of one-third that is deducted towards personal expenses and therefore there is no justification for interference with the quantum of compensation on the ground that the Tribunal has not considered the net income. - 9 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 7. This Court finds considerable force in the submissions by Sri Madhu and in view of the settled proposition that only those allowances which are paid as reimbursement must be deducted. As such, this Court does not find any reason for interference and this Court also observes that the Tribunal has granted just and reasonable compensation under all other heads. In the light of the afore, the following: ORDER [a] The appeal is allowed in part modifying the Tribunal's impugned judgment and award dated 01.04.2024 in MVC No.2632/2023 on the file of the XIX Additional Judge, Court of Small Causes and ACMM, MACT, Bengaluru. [b] The appellant will be liable to pay Rs.33,09,840/- [80% of Rs.41,37,300/-] with interest at 6% per annum as compensation. [c] The Tribunal's direction on apportionment and deposit is retained as it is and the appellant - 10 - HC-KAR NC: 2025:KHC:50038-DB MFA No. 6106 of 2024 shall deposit the compensation in terms of the modified award within 8 [eight] weeks from today with the tribunal and the amount in deposit shall be transferred to the claimants. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE NV