- 1 - HC-KAR NC: 2025:KHC:36620 MFA No. 3692 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3692 OF 2020 (MV-D) BETWEEN: KARNATAKA STATE ROAD, TRANSPORT CORPORATION, TUMKUR DIVISION, TUMKUR, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SMT. RENUKA H R., ADVOCATE) AND: 1. HARSHITHA, D/O YOGANANDA, AGED ABOUT 20 YEARS, 2. AKASH, S/O YOGANANDA, AGED ABOUT 18 YEARS, 3. YOGANANDA, S/O LATE DODDAHANUMAIAH, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36620 MFA No. 3692 of 2020 AGED ABOUT 46 YEARS, ALL RESIDENT OF MALLIKARJUNAPURA VILLAGE, HALEBIDU HOBLI, BELUR TALUK, HASSAN DISTRICT – 573 201. …RESPONDENTS (BY SRI. JAGADEESH H.T., ADVOCATE FOR R1 TO R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 27.11.2019 IN MVC NO.1759/2017 PASSED BY THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELUR, CONSEQUENTLY DISMISS THE CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:36620 MFA No. 3692 of 2020 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1759/2017 dated 27.11.2019 by the Senior Civil Judge and MACT, Belur whereby the Tribunal had awarded the compensation of an amount of Rs.11,84,000/-, the KSRTC is before this Court. 2. The claim petition was filed seeking compensation of an amount of Rs.20,00,000/- for death of the deceased. It is the case of the claimant that on 28.03.2017 at about 10.30 am., near Karehalli Village, Badravathi-Tharikere road, when the deceased was travelling in a Swift Maruti Desire Car, at that time, KSRTC bus came from Tharikere side, the driver of the KSRTC bus drove it in a rash and negligent manner dashed against the said car and the deceased sustained grievous injury all over the body and died on 30.03.2017 at NIMHANS. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below: Sl. No. Heads Rs. Compensation amount awarded 1. Loss of dependency Rs. 7,84,000/- 2. Loss of love and affection Rs. 3,00,000/- 3. Transportation charges and funeral expenses Rs. 50,000/- - 4 - HC-KAR NC: 2025:KHC:36620 MFA No. 3692 of 2020 4. Medical and conveyance expenses Rs. 50,000/- Total Rs. 11,84,000/- 3. Learned counsel appearing for the appellant/KSRTC submits that the Tribunal had awarded the compensation of an amount of Rs.3,00,000/- towards loss of love and affection and under the head of medical expenses and conveyance expenses, the Tribunal had granted an amount of Rs.50,000/-. Altogether, the Tribunal had granted compensation of an amount of Rs.11,84,000/- which is on the higher side and that needs to be reduced. It is further submitted that the interest that is awarded at 9% needs to be reduced. 4. Learned counsel appearing for the respondents/ claimants submits that in fact the claimants have not preferred any appeal. If they have preferred appeal the amount would have been enhanced. 5. Having heard the learned counsels on either side, perused the material on record. This Court had perused the award and also the calculation that is made by the Tribunal. The Tribunal had taken the income at Rs.7,000/- per month. As this accident had taken place in the year 2017, it should have - 5 - HC-KAR NC: 2025:KHC:36620 MFA No. 3692 of 2020 been Rs.11,000/- per month and on that account if it is calculated the amount would be more. In those circumstances, this Court is not inclined to interfere with the impugned award as far as the compensation is concerned. 6. Accordingly, the appeal filed by the KSRTC is partly allowed by reducing the rate of interest from 9% to 6% per annum. i) The entire 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. iv) The appellant/KSRTC 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. vi) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the - 6 - HC-KAR NC: 2025:KHC:36620 MFA No. 3692 of 2020 order passed by this Court forthwith without any delay. vii) No costs. viii) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 15