- 1 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7662 OF 2016 (MV-I) C/W MFA CROSS OBJECTION NO. 141 OF 2018 (MV-D) IN MFA No. 7662/2016 BETWEEN: THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H. ROAD, SHANTHI NAGAR, BANGALORE - 560 027. …APPELLANT (BY SRI D. VIJAYAKUMAR, ADVOCATE) AND: 1. SRI. CHAND PASHA, S/O. LATE. SHAIK ALLISAB, AGED ABOUT 48 YEARS. 2. SMT. NAZARATHUNNISSA, W/O. CHAND PASHA, AGED ABOUT 43 YEARS. 3. SUMERA ANJUM, D/O. CHAND PASHA, AGED ABOUT 24 YEARS. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 ALL ARE R/AT NEAR GREEN BUILIDINGS, NEAR AKBAR MASZID, OPP. TO DOUBLE DOOR SHOP, MAHALAKSHMI LAYOUT, KOLAR CITY, KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SMT. SUGUNA R. REDDY, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.05.2016 PASSED IN MVC NO.5508/2013 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSE JUDGE, & XXI ACMM, MACT, COURT OF SMALL CAUSES, BENGALURU, AWARDING COMPENSATION OF Rs.8,51,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA.CROB NO. 141/2018 BETWEEN: 1. SRI CHAND PASHA, S/O LATE SHAIK ALI SAB, AGED ABOUT 50 YEARS. 2. SMT.NAZARATHUNNISA, W/O CHAND PASHA, AGED ABOUT 45 YEARS. 3. SUMERA ANJUM, D/O CHAND PASHA, AGED ABOUT 26 YEARS, ALL ARE R/AT NEAR GREEN BUILDINGS, NEAR AKBAR MASZID, OPP. TO DOUBLE DOOR SHOP, MAHALAKSHMI LAY-OUT, - 3 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 KOLAR CITY & DISTRICT. ...CROSS OBJECTORS (BY SMT. SUGUNA R REDDY.,ADVOCATE) AND: MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE CENTRAL DIVISION, SHANTHI NAGAR, K.H.ROAD, BANGALORE. ...RESPONDENT (BY SRI. D VIJAY KUMAR.,ADVOCATE) THIS MFA.CROB IN MFA NO.7662/2016 IS FILED UNDER ORDER XLI RULE 22 OF THE CPC, READ WITH SECTION 173(1) OF THE MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 11.05.2016 PASSED IN MVC NO.5508/2013 ON THE FILE OF THE XXI A.C.M.M. AND XXIII ADDITIONAL SMALL CAUSES JUDGE, M.A.C.T., COURT OF SMALL CAUSES, BENGALURU, 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 MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 ORAL JUDGMENT Heard the arguments of both sides. 2. M.F.A. No.7662/2016 is filed by the Karnataka State Road Transport Corporation, Bengaluru (KSRTC), and M.F.A. Crob. No.141/2018 is filed by the claimants against the judgment and award dated 11.05.2016 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, in MVC No.5508 of 2013. 3. One C.N. Mansoor Pasha, aged 19 years, met with an accident on 09.08.2013 and died. His parents and unmarried sister filed a claim application claiming compensation of Rs.10,10,000/-. The Tribunal, considering the entire evidence on record, granted Rs.8,51,000/- with interest at the rate of 9% per annum from the date of petition till the deposit. 4. Aggrieved by the said order, the KSRTC has preferred M.F.A. No.7662/2016 contending that the negligence assessed by the Tribunal, so also the income taken by the Tribunal and also the amounts awarded under all the heads are excessive and requested for reduction in the compensation. The - 5 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 claimants have preferred M.F.A. Crob. No.141/2018 mainly contending that the loss of dependency assessed by the Tribunal is on the lower side and hence sought for enhancement in the compensation. 5. It is stated that C. N. Mansoor Pasha was aged 19 years and he was doing radium cutting work and earning Rs.7,500/- per month. But, no evidence is adduced to prove his income. As the deceased met with an accident on 09.08.2013, his income is to be taken as Rs.8,000/- per month instead of Rs.7,500/- per month as per guidelines of Karnataka State Legal Service Authority and the multiplier to be taken is 18. The total annual income, thus, comes to Rs.17,28,000/-. The deceased is entitled for 40% towards future prospects as per the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi1. Therefore, after adding 40% towards future prospects, the amount would come to Rs.24,19,200/- (17,28,000+40%). As the deceased was unmarried, 50% to be deducted towards personal expenses as per the judgment in the case of Sarla Verma Vs. Delhi 1 (2017) 16 SCC 680 - 6 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 Transport Corporation2. So, the loss of dependency comes to Rs.12,09,600/- (24,19,200x50%). 6. Further, the Hon’ble Supreme Court, by reiterating the comprehensive interpretation of ‘consortium’ given in the authority of Magma General Insurance Company Limited vs. Nanu Ram Alias Chuhru Ram & others3, and in the authority between United India Insurance Company Limited vs. Satinder Kaur @ Satwinder Kaur and others4, fortified that the amounts for loss of consortium shall be awarded to the children who lose the care and protection of their parents as ‘parental consortium’ and to the parents as, ‘filial consortium’ for the loss of their grown-up children, to compensate their agony, love and affection, care and companionship of deceased children. Accordingly, it is just and reasonable to award towards filial consortium of Rs.80,000/- (Rs.40,000/- each to petitioner-claimant Nos.1 and 2). The 3rd petitioner-claimant is entitled for Rs.40,000/- towards loss of love and affection and she is entitled for the said amount. The 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 (2020) 9 SCC 644 - 7 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 claimants are also entitled for Rs.30,000/- under the conventional heads. 7. It is contended by the learned counsel for the KSRTC that the rate of interest awarded on the compensation by the Tribunal is also on the higher side. In view of the submission made by the learned counsel, this Court finds it just and reasonable to reduce the interest awarded by the Tribunal at 9% per annum to 6% per annum. 8. It is further contended by the learned counsel for the KSRTC that the amount of Rs.50,000/- has been paid to the claimants for funeral expenses and hence, requested for the said amount to be deducted from the compensation awarded by this Court. Therefore, by deducting Rs.50,000/- from Rs.13,59,600/-, the total compensation comes to Rs.13,09,600/-.(Thirteen Lakhs Nine Thousand and Six Hundred only) 9. As the 3rd petitioner-claimant (sister of the deceased) might have married, she entitled for Rs.40,000/- and she is permitted to withdraw the said amount. Further, this Court - 8 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 finds it reasonable to apportion the balance amount equally among 1st and 2nd claimant, who are parents of the deceased, and they are permitted to withdraw the entire amount on such deposit. 10. The claimants are entitled for the compensation of Rs.13,09,600/- with interest at 6% per annum as against Rs.8,51,000/-/- awarded by the Tribunal. 11. The claimants filed objections to I.A. No.2/2016 filed by KSRTC, contending that, initially, M.F.A. No.3235 of 2017 was filed by one Mujasir Pasha @ Majakeer Pasha @ Mudaseer Syed for enhancement, against the award in MVC 362 of 2013 and the said appeal was allowed on 29.01.2020 and the KSRTC accepted the liability, and thus now they cannot deny the liability. In view of the above admission liability is fixed upon the KSRTC. 12. Thus, the award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of Dependency 12,09,600/- 2. Loss of consortium 80,000/- - 9 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 3. Loss of Love and Affection 40,000/- 4. Towards Conventional heads 30,000/- Total (-) Funeral expenses already paid 13,59,600/- (-) 50,000/- ____________ 13,09,600/- 13. In the result, the following order is passed: (i) M.F.A. No.7662/2016 and M.F.A. Crob. No.141/2018 are allowed in part. (ii) The claimants are entitled for the total compensation of Rs.13,09,600/- with interest at 6% p.a. from the date of petition till the date of realization. (iii) The KSRTC is directed to deposit the aforesaid compensation amount along with interest within one month from the date of receipt of copy of this order. (iv) The amount already deposited by the KSRTC is directed to the transferred to the Tribunal. - 10 - HC-KAR NC: 2025:KHC:34929 MFA No. 7662 of 2016 C/W MFA.CROB No. 141 of 2018 (v) On such deposit, the petitioner-claimants Nos.1 and 2 (parents of the deceased) are permitted to withdraw the amount, equally, along with interest accrued thereon. (vi) Further, in view of the order dated 20.12.2021 passed on I.A. No.1/2018 in M.F.A. Crob. No.141/2018, the claimants are not entitled for interest for the delayed period of 461 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE TMP,CS List No.: 1 Sl No.: 65