- 1 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 8275 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1663 OF 2022 (MV-D) IN MFA No. 8275/2016 BETWEEN: THE DIVISIONAL CONTROLLER KSRTC CHAMARAJANAGAR BUS DEPOT CHAMARAJANAGAR DISTRICT-5713132 (OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC BUS BEARING NO.KA-10-F-0233) NOW BY THE MANAGING DIRECTOR, KSRTC CENTRAL OFFICES, K.H.ROAD, BENGALURU-560027 REPRESENTED BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. F S DABALI., ADVOCATE) AND: 1. HANUMANTHEGOWDA S/O LATE PUTTARAJEGOWDA AGED ABOUT 61 YEARS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 2. RATHNAMMA W/O HANUMANTHEGOWDA SINCE DEAD BY LRS RESPONDENT NO. 1,3,4 AND 5 RESPONDENTS NO. 1 & 2 ARE R/AT KENNALU VILLAGE, PANDAVAPURA TALUK MANDYA DISTRICT-571 434. 3. SMT SHILPA W/O LATE PADMARAJU AGED ABOUT 29 YEARS, 4. LAKSHMITHA D/O LATE PADMARAJU AGED ABOUT 8 YEARS, 5. JEEVITHA D/O LATE PADMARAJU AGED ABOUT 4 YEARS, SINCE RESPONDENT NO. 4 & 5 ARE MINORS REPRESENTED BY THEIR MOTHER SMT. SHILPA - RESPONDENT NO.3 AS THEIR M/G AND NEXT FRIEND RESPONDENTS NOs.3 TO 5 ARE R/AT VISHVESHWARANAGARA, KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571434. …RESPONDENTS (BY SRI. K SHRIDHAR, ADVOCATE FOR R3 TO R5; - 3 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 R3 TO R5 ARE THE LRS OF R2 VIDE ORDER DATED 29.01.2025; SMT. MONISHA N.S., ADVOCATE FOR SRI. H. SANTHIBHUSHAN ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.09.2016 PASSED IN MVC NO.706/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, AWARDING COMPENSATION OF RS. 23,75,535/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 1663/2022 BETWEEN: 1. HANUMANTHEGOWDA S/O LATE PUTTARAJEGOWDA AGED ABOUT 66 YEARS R/A KENNALU VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT. 2. RATHNAMMA W/O HANUMANTHEGOWDA SINCE DEAD REP. BY RESPONDENT NO. 2 TO 4 ARE TREATED AS LRS OF APPELLANT NO.2 ...APPELLANTS (BY SMT. MONISHA N.S, ADVOCATE FOR SRI. H. SANTHIBHUSHAN, ADVOCATE - 4 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 AND: 1. THE DIVISIONAL CONTROLER KSRTC CHAMARAJANAGARA BUS DEPOT CHAMARAJANAGARA DISTRICT (OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC BUS BEARING NO.KA-10-F-0233). 2. SMT SHILPA W/O LATE PADMARAJU AGED ABOUT 34 YEARS 3. LAKSHMITHA D/O LATE PADMARAJU AGED ABOUT 13 YEARS 4. JEEVITHA D/O LATE PADMARAJU AGED ABOUT 9 YEARS MINOR REPRESENTED BY THEIR NATURAL MOTHER SMT SHILPA AS THEIR MINOR GUARDIAN AND NEXT FRIEND RESPONDENT NO. 2 TO 4 ARE R/A VISHVESWARANAGARA KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT. ...RESPONDENTS (BY SRI. K. SHRIDHAR., ADVOCATE FOR R2, R3 & R4; SRI. F. DABALI, ADVOCATE FOR R1 ) - 5 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 15.09.2016 IN MVC NO. 706/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) These appeals are as against the Judgment and Award dated 15.09.2016 in MVC No.706/2015 on the file of the Additional Senior Civil Judge, MACT, Srirangapatna [for short, 'the Tribunal']. The appeal in MFA No.8275/2016 is by a Transport Corporation and the claimants’ appeal is in MFA No.1663/2022. The Tribunal has awarded a total sum of - 6 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 Rs.23,75,531/- under the following heads with interest at 9% per annum from the date of petition till the date of deposit. Head of compensation Amount 1.Loss of Dependency for petitioners who are the wife, children and mother of deceased. Rs. 20,25,000/- Rs. 1,00,000/- Rs. 1,00,000/- Rs. 1,00,000/- 2. On traditional heads A. Loss of Consortium B. Loss of Estate C. Loss of love and affection D. Towards funeral expenses Rs. 25,000/- Medical Expenses Rs. 25,531/- Total Compensation Rs.23,75,531/- 2. Mr. F.S. Dabali, the learned counsel for the Transport Corporation, submits that this Court must intervene with the Tribunal's finding that the Transport Corporation's driver was responsible for the accident and that the claimants are entitled to Rs.23,75,531/-, and more specifically grant of compensation granted towards loss of dependency and loss of consortium/estate/loss of love and affection. The learned counsel also argues that the - 7 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 Tribunal could not have granted interest at 9% per annum. Ms. Monisha N.S., the learned counsel for the claimants, argues for an enhancement in the compensation. As such, the questions for consideration are: [a] Whether this Court must interfere with the Tribunal’s finding on the reason for the accident and the negligence, and [b] Whether this Court must interfere with the compensation determined by the Tribunal. 3. It is undisputed that the deceased Padmaraju was on his two-wheeler when he hit a parked Transport Corporation's bus on 04.09.2014 at 9.00 p.m. He has suffered head injuries and has ultimately succumbed to the same. He was initially hospitalized with the Government Hospital in Srirangapatna and later with St. Joseph Hospital, Mysuru. The deceased has breathed his last on - 8 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 05.09.2014. The claimants have examined PW.4 to establish that the Transport Corporation's driver was negligent, and the Transport Corporation has examined its driver as RW.1 to vindicate its case that the deceased was negligent. 4. The claimants' witness has stated that the driver had stopped the bus without switching on the parking lights and the Transport Corporation’s driver has stated that he had not only switched on the parking lights but had also kept a spare wheel behind the vehicle to warn the riders/drivers of the oncoming vehicles. This Court must next observe that the claimants' witness has stated that he was about 100 meters behind the deceased and even he had difficulties in the late hours in the evening to see the bus parked on the road. This would be material evidence as the deceased suffered head injuries and succumbed only because of such injuries. This shows that the deceased was not wearing his helmet. - 9 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 5. The question of corresponding contribution to the negligence must be considered in the light of this evidence, and the Tribunal has not considered this question, but has opined that the Transport Corporation's driver was solely negligent. On a careful consideration of this evidence, this Court, with the driver of the Transport Corporation being charge sheeted, is of the considered opinion that both the driver and the deceased were responsible for the accident and that the contribution by the driver of the Transport Corporation is higher at 75%. The claimants as such will be entitled to 75% of the compensation. The first question is answered accordingly. 6. The Tribunal has computed loss of dependency to the claimants [the parents, widow and two minor children] taking the income of the deceased at Rs.10,000/- per month deducting 1/4th towards - 10 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 personal expenses adding 50% thereof towards future prospects. The undisputed evidence is that the deceased was working as A/c mechanic, and if the notional income is taken at Rs.8,500/- in the cases arising out of the accidents in the year 2014, the income of the deceased at Rs.10,000/- cannot be an exaggerated sum. It is inarguable that the addition towards future prospects cannot be 50% because the deceased was in self-employment and the addition must be only at 40%. 7. The loss of dependency must be recomputed taking the income of the deceased at Rs.10,000/-per month, the personal expenditure at 1/4th and the multiplier is '15' but the addition towards future prospects is 40%. The computation of loss of dependency will be in a sum of Rs.18,90,000/- as against Rs.20,25,000/- granted by the Tribunal. - 11 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 Details for Computation of Loss of Dependency Monthly Income Rs. 10,000/- Addition towards Future Prospects 40% Rs. 4,000/- Monthly Income + Future Prospects Rs. 14,000/- Annual Income Rs. 1,68,000/- Deduction Towards personal expenses 1/4 Rs. 42,000/- Multiplicand [After Deduction towards personal Expenses] Rs. 1,26,000/- Multiplier 15 . Loss of Dependency Rs.18,90,000/- 8. The Tribunal has awarded a total sum of Rs.3,50,000/- to the six claimants under different heads, but undeniably the five claimants including the mother, who is now deceased, will be entitled for consortium in a sum of Rs.40,000/- each and the compensation under this head must be Rs.2,00,000/- and not Rs.3,00,000/-. The award towards funeral expenses and other expenditure must be Rs.30,000/- and not Rs.25,000/-. This must also be modified. The interest cannot be at 9% percent per annum unless justified by extraordinary circumstances, and no such circumstances are - 12 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 brought out. Therefore, interest must be at 6% per annum. The resultant modification of the compensation is as per the following comparative table. By the Tribunal By this Court Loss of dependency Rs.20,25,000/- Rs.18,90,000/- Loss of Consortium Rs. 1,00,000/- Loss of estate Rs. 1,00,000/- Loss of love and affection Rs. 1,00,000/- Rs. 2,00,000/- Towards funeral expenses Rs. 25,000/- Rs. 30,000/- Medical expenses Rs. 25,531/- Rs. 25,000/- Total Rs.23,75,531/- Rs.21,45,000/- 75% of Rs.21,45,000/- Rs.16,08,750/- In the light of the afore, the following: ORDER [A] The Transport Corporation's appeal in MFA No.8275/20016 is allowed-in-part modifying the Judgment and Award dated 15.09.2016 in MVC No.706/2015 on the file of the Additional Senior Civil Judge, MACT, Srirangapatna confining the compensation to - 13 - HC-KAR NC: 2025:KHC:27921-DB MFA No. 8275 of 2016 C/W MFA No. 1663 of 2022 the claimants in a sum of Rs.16,08,750/- with interest at 6% per annum from the date of petition till the deposit. [B] The claimants' appeal in MFA No.1663/2022 is disposed of in the above terms. [C] The amount in deposit with the registry is directed to be transmitted to the Tribunal for disbursement subject to the Tribunal's order on apportionment and deposit. [D] The Transport Corporation is called upon to deposit the balance amount with interest as aforementioned within eight [8] weeks from the date of receipt of a certified copy of the order. SD/- (D K SINGH) JUDGE SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr