- 1 - HC-KAR NC: 2025:KHC:34671 MFA No. 5491 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5491/2018 (MV-D) BETWEEN: 1. DIVISIONAL CONTROLLER, K.S.R.T.C. RAMANAGAR DIVISION, RAMANAGAR-562 159. 2. THE MANAGING DIRECTOR, K.S.R.T.C., K.H. ROAD, SHANTHINAGAR, BENGALURU. NOW THROUGH CHIEF LAW OFFICER, K.S.R.T.C. BANGALORE. …APPELLANTS (BY SMT. S. NIRMALA, ADVOCATE) AND: 1. SMT. SAROJAMMA, W/O. LATE KESHAVAMURTHY, AGED ABOUT 44 YEARS, RESIDING AT NO. 28, SIDDARTHANAGARA, NEW EXTENSION, 10TH CROSS, MALAVALLI TOWN, MANDYA DISTRICT. 2. SRI. M. SAGAR, S/O. LATE KESHAVAMURTHY, AGED ABOUT 26 YEARS, RESIDING AT NO. 28, SIDDARATHANAGARA, NEW EXTENSION, 10TH CROSS, MALAVALLI TOWN, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34671 MFA No. 5491 of 2018 MANDYA DISTRICT. …RESPONDENTS (BY SRI. B.M. CHANDRASHEKARA, ADVOCATE FOR R1 AND R2(ABSENT)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.03.2018 PASSED IN MVC NO.1482/2016 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH- 16), AWARDING COMPENSATION OF RS. 9,25,500/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/KSRTC, under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 21.03.2018 passed in MVC No.1482/2016 by X Additional Judge, Court of Small Causes, MACT, Bengaluru. 2. Heard the arguments of the learned counsel for the appellant. Learned counsel for respondents remained absent. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2025:KHC:34671 MFA No. 5491 of 2018 3. Brief facts of the case is that one Sundaresh, met with an accident on 24.07.2015. The present appellants are mother and brother of the deceased filed claim application, claiming compensation of Rs.21,00,000/- before tribunal. The tribunal considering the entire evidence on record, granted an amount of Rs.15,42,000/- and reduced 40% of the compensation awards towards contributory negligence and granted Rs.9,25,500/- with interest at the rate of 9% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. This appeal is preferred by the Insurance company and the main grievance is that the income should be taken as Rs.9,000/- per month as per the guidelines of Karnataka State Legal Services Authority, but the tribunal erred in taking the notional income of Rs.10,000/- per month. Therefore, loss of dependency is calculated as 40% future prospects to be taken as per the judgment passed by Hon'ble Supreme Court in case of - 4 - HC-KAR NC: 2025:KHC:34671 MFA No. 5491 of 2018 National Insurance Company Limited vs. Pranay Sethi and Others reported in reported (2017)16 SCC 680 and since he was bachelor 50% to be deducted towards his personal expenses as per the judgment of Hon'ble Supreme Court in case of Sarla Verma and Others vs. Delhi Transport Corporation Limited and Another reported in (2009) 6 SCC 1219. Therefore, for Rs.9,000/-, 40% needs to be added and 50% needs to be deducted. Hence, the below calculation, 40% of 9,000= Rs.3,600/- Rs.9,000+3,600= Rs.12,600/- 50% of Rs.12,600 = Rs.6,300/- Therefore, Rs.6,300 x 12 x 18 = Rs.13,60,800/- is loss of dependency. 5. The petitioner No.1 is the mother of the deceased and lost her son in her old age. Therefore, she is entitled for filial consortium of Rs.40,000/-. Apart from that, she is also entitled for Rs.30,000/- under the conventional heads. - 5 - HC-KAR NC: 2025:KHC:34671 MFA No. 5491 of 2018 6. Thus in all, components awarded by this court are as below, Hence, the appellants-claimants are entitled for a total enhanced compensation of Rs.14,30,800/- along with interest at the rate of 9% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 21.03.2018 passed in MVC No.1482/2016 by X Additional Judge, Court of Small Causes, MACT, Bengaluru., is modified. Particulars Amount in Rs. Loss of dependency 13,60,800 Towards filial consortium 40,000 Conventional heads 30,000 Total 14,30,800 - 6 - HC-KAR NC: 2025:KHC:34671 MFA No. 5491 of 2018 iii. The claimants are entitled to a sum of Rs.14,30,800/- along with interest at 9% p.a., from the date of petition till the date of realization, instead of Rs.9,25,500/- granted by the tribunal. iv. The tribunal held deceased contributed for 40% negligence on the part of the deceased. Therefore, KSRTC is liable to pay 60% of the above said compensation i.e., Rs.8,58,480/- only. v. Appellant/KSRTC is directed to deposit the amount within one month from the date of this order. vi. On such deposit, claimants/mother and brother of deceased are permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV_List No.: 1 Sl No.: 33