- 1 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 673 OF 2023 (MV-D) BETWEEN: THE CHIEF MANAGER KSRTC DEPOT MANDYA DIVISION MANDYA REPT BY ITS CHIEF LAW OFFICER …APPELLANT (BY SMT. RADHA B P.,ADVOCATE) AND: 1. CHIKKATHAYAMMA W/O H C SURESH AGED ABOUT 44 YEARS 2. H C SURESH S/O LATE CHANNEGOWDA AGED ABOUT 54 YEARS R/AT HIREMARALLI VILLAGE KASABAHOBLI PANDAVAPURA TALUK MANDYA DISTRICT. …RESPONDENTS (BY SRI. KENCHEGOWDA B M.,ADVOCATE FOR R1 & R2) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN MVC NO.1994/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, PANDAVAPURA, AWARDING COMPENSATION OF RS.31,20,072/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The Karnataka State Road Transport Corporation [the Transport Corporation] is in appeal calling in question the Judgment and Award dated 01.08.2022 in MVC No.1994/2019 on the file of the Additional Senior Civil Judge and MACT, Pandavapura [for short, 'the Tribunal']. The claim petition in MVC No. 1994/2019 is by the - 3 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 parents of the deceased, who has died in a road accident on 05.01.2019 involving a bus owned by the Transport Corporation. The Tribunal has awarded a total sum of Rs.31,20,072/- along with interest at 6% per annum under the following heads: Heads Amount Loss of Dependency Rs.25,20,072/- Loss of estate Rs. 25,000/- Funeral Expenses Rs. 25,000/- Parental consortium Rs. 1,00,000/- Medical expenditure Rs. 4,50,000/- Total Rs.31,20,072 The Tribunal has computed the loss of dependency taking the deceased's monthly income at Rs.12,500/- with the addition of 40% towards future prospects deducting 1/3rd of such income towards personal expenses. 2. The Transport Corporation is in appeal on three grounds viz,. [i] the Tribunal has not deducted a sum of Rs.50,000/- paid to the claimants subject to - 4 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 the outcome in the claim petition, [ii] the Tribunal has deducted one–third [1/3rd] towards personal expenses as against one-half [1/2nd], and [iii] the Tribunal has not deducted a sum of Rs.20,000/- paid by the Transport Corporation towards medical expenses. The respondents-claimants have incurred medical expenditure while the deceased was hospitalized after the accident. 3. Ms. B.P. Radha, the learned counsel for the Transport Corporation [the appellant], and Mr.Kenche Gowda, the learned counsel for the claimants, are heard. This Court must observe that Mr. Kenche Gowda does not dispute that the respondents- claimants have received Rs.50,000/- plus Rs.15,000/- on two different dates undertaking that it shall be part of the compensation that they would be entitled to and that this must be deducted. If this remains undisputed, there must be a deduction in this regard from the compensation. - 5 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 4. If Ms. B.P. Radha argues that the loss of dependency must be re-computed taking the personal expenditure of the deceased at one-half [1/2] of the income, Sri Kenche Gowda point outs that [a] the Tribunal has taken the notional income of the deceased, who was an auto driver, at Rs.12,500/- only because this is the notional income for the claim petitions arising out of the accidents in the year 2018 though the deceased has died in January 2019 and [b] Rs.14,000/- is the notional income taken when the accident is in the year 2019. 5. In the present case, the deceased was an auto driver is not seriously disputed, and in that event, an income higher than the notional income would be justified. Further, if this is offset by deducting a lesser percentage towards personal expenses, this Court does not opine that there is any reason for interference. The compensation is just and - 6 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 reasonable on settled parameters, and therefore, there is no reason for interference. 6. Further, the Transport Corporation seeks a deduction of Rs.20,000/- towards medical expenses, but the Tribunal has granted Rs.4,50,000/- towards medical expenses. Admittedly, the bills are for more than Rs.4,35,000/-. The claimants would inarguably have spent more than the amount shown by the medical bills, because the deceased was hospitalized, and a sum of Rs.20,000/- would not again result in any bonanza. In the light of afore, the following: ORDER [A] The appeal is allowed-in-part modifying the Tribunal's impugned Judgment and Award dated 01.08.2022 in MVC No.1994/2019 on the file of the Additional Senior Civil Judge and MACT, Pandavapura deducting Rs.65,000/- from Rs.31,20,072/- declaring - 7 - HC-KAR NC: 2025:KHC:27045-DB MFA No. 673 of 2023 that the claimants are entitled to compensation in a sum of Rs.30,55,072/-. [B] The amount in deposit is directed to be transmitted to the Tribunal for disbursement and the Transport Corporation is also called upon to deposit the remaining amount with interest within eight [8] weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE SA ct:sr