- 1 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 1047 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 5395 OF 2016 (MV-D) IN MFA No. 1047/2016 BETWEEN: 1. THE DIVISIONAL CONTROLLER, K.S.R.T.C., DIVISIONAL OFFICE, PUTTUR DIVISION, ALMAS BUILDING, BOLVARU, PUTTUR, DAKSHINA KANNADA DISTRICT. REP. BY ITS CHIEF LAW OFFICER, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU-27. 2. SRI ERAPPA.S.D, S/O DODDA, MAJOR (DRIVER OF KSRTC BUS) BEARING NO.KA-19/F-3109, DHARMASTALA DEPOT, DHARMASTALA-574 216. LICENSE NO.8538:12-13. …APPELLANTS (BY SRI G LAKSHMEESH RAO, ADVOCATE) AND: 1. SRI MANJE GOWDA, S/O LATE HONNEGOWDA, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 MAJOR. 2. SMT. JAYAMMA, W/O SRI MANJE GOWDA, AGED ABOUT 44 YEARS. 3. SRI KUMAR, S/O SRI MANJE GOWDA, AGED ABOUT 23 YEARS. 4. SMT. MALAMMA, W/O LATE MANJE GOWDA, AGED ABOUT 61 YEARS. ALL ARE R/AT THIMMANAHALLI, HEBBALU VILLAGE, HALEBIDU HOBLI, BELUR TALUK-573 121. HASSAN DISTRICT. …RESPONDENTS (BY SRI GIRISH B BALADARE, ADVOCATE FOR R-1 TO 4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2015 PASSED IN MVC NO.432/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELUR, AWARDING COMPENSATION OF Rs.9,87,000/- WITH INTEREST @ 9% P.A. FROM THE DATE PETITION. IN MFA NO. 5395/2016 BETWEEN: 1. MANJEGOWDA, S/O LATE HONNEGOWDA, AGED ABOUT 46 YEARS. 2. JAYAMMA, W/O LATE MANJEGOWDA, AGED ABOUT 44 YEARS. 3. KUMAR, S/O MANJEGOWDA, - 3 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 AGED ABOUT 23 YEARS. 4. MALAMMA, W/O LATE MANJEGOWDA, AGED ABOUT 61 YEARS. R/AT THIMMANAHALLI, HEBBALU VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT-573 201. ...APPELLANTS (BY SRI GIRISH B BALADARE, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, KSRTC CENTRAL OFFICE, K H ROAD, BANGALORE. REPT. BY DIVISIONAL CONTROLLER, KSRTC, PUTTUR DIVISION, ALMAS BUILDING, BOLVARU, PUTTUR, DAKSHINA KANNADA DISTRICT-574 201. 2. ERAPPA S D, S/O DODDA, AGED ABOUT 36 YEARS, KSRTC BUS DRIVER, DARMASTHALA DEPOT-574 216. ...RESPONDENTS (BY SRI G LAKSHMEESH RAO, ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH V/O DATED 26.04.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.11.2015 PASSED IN MVC NO.432/15 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, BELUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT Heard learned counsel appearing for KSRTC and the learned counsel appearing for the petitioners. Notice to respondent No.2 in MFA No.5395/2016 is dispensed with. 2. These appeals by the KSRTC and by the petitioners arise out of the judgment and award passed in MVC No. 432/2015 dated 16.11.2015 by the learned Senior Civil Judge and MACT, Beluru. 3. The factual matrix of the case is that, on the intervening night of 14.02.2015, at about 1.00 a.m., one Puneetkumar, was riding a motorcycle bearing No. KA.52.E.9014 at Beluru and a KSRTC Bus bearing No. KA.19.F.3109 came from the bus stand side and dashed to the motorcycle, resulting in injuries to the said deceased Puneetkumar and immediately, he was shifted to the Government Hospital, Beluru, where he was found to be - 5 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 brought dead. It was contended that the deceased was studying second year B.Com at Government First Grade College and therefore, his family members have suffered an irreparable loss and as such, they are entitled for a just and reasonable compensation. 4. On service of notice the respondent- KSRTC appeared and resisted the petition contending that it had paid a sum of ₹50,000/- as exgratia and there was no such negligence on the part of the driver of the bus. It was contended that the deceased was not having a valid driving licence. 5. The Tribunal framed appropriate issues and petitioner No. 2, who was the mother of the deceased was examined as PW1 and Exhibits P1 to P13 were marked. An eyewitness was examined as PW2. The driver of the bus was examined as RW1 and Exhibits R1 and R2 were marked. - 6 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 6. After hearing the arguments, the Tribunal awarded compensation of ₹9,87,000/- under different heads as below: Loss of dependency ₹ 9,72,000/- Loss of love and affection to petitioner Nos. 1 and 2 ₹ 30,000/- Loss of love and affection to petitioner No.3 ₹ 10,000/- Loss of love and affection to petitioner No.4 ₹ 10,000/- Transportation of dead body and funeral expenses ₹ 15,000/- Total Less: Interim amount given by KSRTC ₹10,37,000/- ₹ 50,000/- ₹ 9,87,000/- 7. Being aggrieved by the same, the respondent- KSRTC has approached this Court in MFA No.1047/2016 and the petitioners have approached this Court in appeal in MFA No.5395/2016. 8. The learned counsel appearing for the petitioners contend that the compensation awarded by the Tribunal is on the lower side and it has not considered the educational qualifications of the deceased in assessing the - 7 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 notional income which is applicable. Therefore, he prays for reassessment of the same. 9. Per contra, learned counsel appearing for the KSRTC contends that the compensation awarded is on the higher side and the Tribunal did not consider the fact that the deceased was riding the motorcycle in the wee hours for no reason. Therefore, he has sought for indulgence of this Court to hold that there was contributory negligence on his part also. However, he submits that such a ground was not raised in the appeal memo. 10. Evidently, the fact that there was an accident involving the motorcycle of the deceased and the bus owned by the respondent-KSRTC is not in dispute. The police papers produced clearly show that the negligence was attributed to the bus driver. It is also mentioned in the charge sheet that the accident was witnessed by several people who were on a pilgrimage to Dharamstala. Therefore, the investigation conducted by the police and the statements recorded by the Investigating Officer - 8 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 cannot be disputed. Moreover, nothing is brought out from the mouth of PW2, who is an eyewitness to show that there was contributory negligence on the part of the deceased Puneetkumar also. In that view of the matter, the liability to pay the compensation in its entirety on the respondent cannot be absolved. 11. Coming to the quantum of the compensation amount, the fact that deceased Puneetkumar was a student of B.Com is not in dispute. The Exhibit P12 and 13 show that he had passed his PUC with 70% marks. The Exhibit P12 happens to be a Certificate issued by the hospital which established that he was a bright student. However, in support of such contention that he was a bright student, no other material is available. Under these circumstances, there is insufficient evidence to establish that he was a bright student who would have earned income which is more than the notional income that could be awarded. Therefore, the loss of dependency is to be - 9 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 calculated by adding 40% towards the future prospects also. 12. The Guidelines issued by KSLSA for the purpose of settlement of disputes before the Lok Adalat prescribe a sum of ₹9,000/- per month as the notional income for the year 2015. In umpteen number of judgments, this Court has held that the notional income suggested by the KSLSA, are in general conformity with the wages fixed under the Minimum Wages Act and therefore, the notional income has to be considered at ₹9,000/- per month. In the result, after adding 40% to ₹9,000/-, the effective multiplicand would come to ₹12,600/- [₹9,000/- + ₹3,600/- = ₹ 12,600/-]. Hence, the loss of dependency is calculated as ₹12,600/- x 12 x 18 x 50% = ₹13,60,800/- by adopting the multiplier of '18' and deducting 50% towards the personal expenses of the deceased. 13. In addition, petitioner Nos.1 to 3 are also entitled for the compensation of ₹52,000/- each under the head of 'loss of love and affection' since they can be - 10 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 considered to be the dependents. Appellant No.4/ petitioner No. 4 cannot be a dependent on her grandson, during the lifetime of her son. Hence, the petitioners are entitled for a sum of ₹1,56,000/- under the head of loss of love and affection. 14. In addition, the petitioners are entitled for a sum of ₹19,000/- each under the head of 'loss of estate' and 'funeral expenses'. Hence, the petitioners are entitled for a compensation as below: Loss of dependency ₹ 13,60,800/- Loss of love and affection ₹ 1,56,000/- Loss of estate ₹ 19,000/- Funeral expenses ₹ 19,000/- Total Less: awarded by the Tribunal after deducting Rs.50,000/- Interim amount given by KSRTC ₹ 15,54,000/- ₹ 9,87,000/- ₹ 5,67,500/- Thus, the petitioners are entitled for a sum of ₹5,67,500/- in addition to the compensation awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realisation. - 11 - HC-KAR NC: 2025:KHC:37750 MFA No. 1047 of 2016 C/W MFA No. 5395 of 2016 15. Hence, the following: ORDER (a) MFA No.1047/2016 filed by the KSRTC is dismissed. (b) MFA No.5395/2016 filed by the petitioners is allowed in part. (c) The petitioners are entitled for a sum of ₹5,67,500/- in addition to what has been awarded by the Tribunal together with interest at 6% p.a. from the date of petition till its realisation. (d) KSRTC is directed to deposit the compensation amount within eight weeks from today. (e) Amount in deposit in MFA No.1047/2026 be transmitted to the Tribunal, forthwith. (f) Order of the Tribunal regarding appointment and deposit remain unaltered. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 35