- 1 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5393 OF 2022 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 1605 OF 2021 (MV-D) IN MFA No. 5393/2022 BETWEEN: 1. SMT.LAKSHMI BAI W/O MAHENDRA SINGH AGED ABOUT 34 YEARS 2. MR.GANESH M.S. S/O MAHENDRA SINGH AGED 18 YEARS 3. KUM.BHAVANI M., D/O MAHENDRA SINGH AGED 16 YEARS APPELLANT NO 3 IS MINOR REP BY HIS MOTHER SMT LAKSHMI BAI W/O MAHENDR SINGH AS NATURAL GUARDIAN ALL ARE R/AT 251, KEB LAYOUT VINAYAKA LAYOUT, HOSAKOTE BENGALURU RURAL DISTRICT-562 114 …APPELLANTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: THE MANAGING DIRECTOR (APSRTC) NO 15 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 KEMPE GOWDA ROAD MAJESTIC BENGALURU- 560 009 AND ALSO AT THE REGIONAL MANAGER APSRTC BUS STASTION CHITTOOR CHITTOOR URBAN ANDHRA PRADESH- 517 001 …RESPONDENT (BY SRI.D.VIJAYA KUMAR, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.6125/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1605/2021 BETWEEN: APSRTC THE MANAGING DIRECTOR, NO 15, KEMPE GOWDA ROAD, MEJESTIC, BANGALORE- 560 009 AND ALSO AT THE REGIONAL MANAGER, APSRTC SBUS STATION, CHITTOOR, CHITTOOR LURBAN ANDHRA PRADESH -517 001, REP. BY ITS MANAGING DIRECSTOR APSRTC, RTC HOUSE, VIJAYAWADA, ANDHRA PRADESH -522 503 ...APPELLANT (BY SRI. D.VIJAYAKUMAR, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 AND: 1. SMT. LAKSHMIBAI W/O MAHENDRA SINGH, AGED ABOUT 33 YEARS 2. MASTER GANESH M., S/O MAHENDRA SINGH, AGED ABOUT 17 YEARS 3. KUM. BHAVANI M., D/O MAHENDRA SINGH, AGED ABOUT 15 YEARS ALL ARE R/AT NO 251, KEB LAYOUT, VINAYAKA LAYOUT, HOSAKOTE, BANGALORE RURAL DISTRICT -562 114 RESPONDENT NO.2 & 3 ARE MINORS REP. BY THEIR MOTHER AND NATURAL GUARDIAN SMT.LAKSHMI BAI THE RESPONDENT NO.1 ...RESPONDENTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2021 PASSED IN MVC NO.6125/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU, MAYO HALL UNIT, SCCH-19 AWARDING COMPENSATION OF RS.16,47,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.6125/2019 dated 27.01.2021 by the XV Addl. Small Causes Judge and XXIII A.C.M.M., Member, MACT, Bengaluru, whereby the Tribunal had awarded compensation of an amount of Rs.16,47,000/-, the claimants are before this Court seeking enhancement and also questioning the contributory negligence fixed at 10% on the deceased. The APRSTC is also before this Court questioning the contributory negligence at 90% fixed on them. The claimants’ appeal is MFA.No.5393/2022. The APSRTC’s appeal is MFA.No.1605/2021. The claim petition is filed seeking compensation of an amount of Rs.30,00,000/- for the death of the deceased in the road traffic accident. 2. It is the case of the claimants that on 07.09.2019 at about 1.30 p.m., when the deceased was crossing the Kolar- Bangalore, NH-75 road slowly and carefully near Maruthi Car showroom, Hosakote Town, at that time, one APSRTC bus driven by its driver came in a rash and negligent manner as to endanger human life came at high speed and dashed to the deceased. As a result of forced impact, the deceased fell down and sustained grievous injuries and died on the spot. Basing on - 5 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss o f dependency Rs. 16,80,000/- 2. Loss of consortium Rs. 40,000/- 3. Towards loss of Filial Consortium Rs. 80,000/- 4. Towards funeral and obsequies ceremonies Rs. 15,000/- 5. Towards loss of estate Rs. 15,000/- Total Rs. 18,30,000/- 3. The Tribunal had observed that after a full-fledged investigation, the police have filed the charge sheet against the driver of the APSRTC bus. Further, the Tribunal had perused the spot mahazar and the rough sketch of the accident, the deceased was crossing the Kolar-Bangalore NH road near Marathi car showroom, Hosakote, at that time the offending vehicle came from Kolar towards Bangalore and dashed to the deceased. After perusal of the rough sketch it clearly disclosed that the accident occurred near the divider of the main road. Therefore, in case if the deceased was crossing the road observing the vehicles on the road definitely the accident could not have happened. When the pedestrian crossing over the - 6 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 road at any place other than which is meant for pedestrian crossing the responsibility for causing the accident more often then will not have to be save pedestrian along with the vehicle driver. If at all the deceased could have seen the offending vehicle and allowed it to pass before proceeding to his destiny, the accident would have not occurred. Learned counsel for the APSRTC had relied on the judgment passed by the Co-ordinate Bench of this Court in the case of Mrs. Leelamkika Vs. BMTC1 and also in the case of Koosappa Poojari Vs. K. Sadappa and others2. Considering the said judgments, the Tribunal had observed that the deceased is also responsible for the accident and the respondent had failed to prove the sole negligence of the deceased and apportioned the contributory negligence at 10% on the deceased and 90% on the APSRTC. When it comes to the compensation, the Tribunal has taken the income at Rs.12,000/- and awarded the compensation of an amount of Rs.18,30,000/-, as the liability is 90% on the APSRTC, the respondent is directed to pay an amount of Rs.16,47,000/-. 1 Arising out of MFA.No.5546/2018 C/w MFA.No.6746/2018 2 ILR 2003 KAR 1104 - 7 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 4. Learned counsel appearing for the claimants submits that fixing the contributory negligence at 10% is not appropriate as no evidence is adduced by the APSRTC to show that the accident had taken place solely because of the negligence of the deceased. It is submitted that this accident had taken place in the year 2019, the Tribunal ought to have taken the income at Rs.14,000/- per month, but the Tribunal had taken the income at Rs.12,000/- per month and awarded the compensation which is not just and reasonable. 5. Learned counsel appearing for the APSRTC relying on the aforesaid judgments referred supra before the Tribunal and submits that on the highway when the place where there is no pedestrian crossing when the deceased had crossed only because of his negligence the accident had taken place and the Tribunal ought to have held that there is negligence on the part of the deceased and in fact, it should have been apportioned to 50-50%. It is submitted that the negligence ought to have apportioned at 30% on the deceased, but the Tribunal had apportioned it at 10% and the same needs to be interfered with. It is further submitted that the compensation that is - 8 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 awarded by the Tribunal is just and reasonable and no enhancement is called for. 6. Having heard the learned counsels on either side, perused the material on record. The Tribunal had rightly discussed about the contributory negligence and had rightly held that the deceased ought not to have crossed the road. The accident had occurred in the afternoon at 1.30. If the driver of the bus was careful in driving the vehicle, he would have avoided the accident and in the evidence of the driver, he tried to say that there is no negligence on his part. Basing on the evidence on record, the Tribunal had rightly apportioned the contributory negligence at 10% on the deceased and this Court finds no reason to interfere with the impugned order passed by the Tribunal. 7. Then coming to the quantum of compensation, as the accident had happened in the year 2019, taking Rs.14,000/- as income, 25% future prospects as he is 42 years old, it would come to an amount of Rs.3,500/- i.e. Rs.17,500/-. If there are 3 dependents 1/3rd has to be deducted towards the personal expenses i.e., Rs.5,833/- and his contribution to the - 9 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 family would be Rs.11,667/-. Hence, under the head of loss of dependency, this Court is granting an amount of (11,667X12X14)=Rs.19,60,056/-, then towards loss of consortium this Court is granting an amount of (44,000X3)= Rs.1,32,000/-, towards funeral expenses this Court is granting an amount of Rs.36,000/-. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another3, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 9. The claimants are therefore, entitled to the compensation under the following heads: Sl. No. Heads Rs. Compensation amount awarded by the Tribunal Compensation amount awarded by this Court 1. Loss of dependency Rs. 16,80,000/- 19,60,056/- 2. Loss of consortium Rs. 40,000/- 1,32,000/- 3. Towards loss of Filial Consortium Rs. 80,000/- 00/- 4. Towards funeral and obsequies ceremonies Rs. 15,000/- 36,000/- 5. Towards loss of estate Rs. 15,000/- 00/- 3 (2014) 11 SCC 178 - 10 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 6. Legal expenses Rs. 00/- 10,000/- Total Rs. 18,30,000/- 21,38,056/- Enhanced amount Rs. 3,08,056/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.21,38,056/-. 11. Accordingly, MFA.No.5393/2022 filed by the claimants is partly allowed by enhancing the compensation from an amount of Rs.18,30,000/- to Rs.21,38,056/-. As the contributory negligence is fixed at 10% on the deceased, it would come to an amount of Rs.2,13,806/-. If it is deducted from the total compensation, the APSRTC is liable to pay compensation of an amount of Rs.19,24,250/-. 12. Accordingly, MFA.No.1605/2021 filed by the APSRTC is dismissed. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The amount in deposit shall be forthwith transferred to the Tribunal. - 11 - HC-KAR NC: 2025:KHC:37291 MFA No. 5393 of 2022 C/W MFA No. 1605 of 2021 iv) The APSRTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi) No costs. vii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 3 Sl No.: 1