- 1 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 5790 OF 2019 (MV-D) BETWEEN: THE MANAGER MANGALORE DEPOT, MANGALORE REPRESENTED BY THE MANAGER HASSAN DEPOT, KSRTC, HASSAN-573 201. BOTH ARE REPRESENTED BY THE CHIEF LAW OFFICER, KSRTC CENTRAL OFFICES, K.H. ROAD, BENGALURU-560 027. …APPELLANT (BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE) AND: 1. SMT. VASANTHA W/O LATE H.D.RAGHU, AGED ABOUT 40 YEARS, 2. H.R.CHAITANYA @ CHETHANA D/O H.D.RAGHU, AGED ABOUT 11 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 3. H.R.LOHITH D/O H.D.RAGHU, AGED ABOUT 9 YEARS, 4. RATHNAMMA W/O LATE DEVARAJU @ DEVARAJEGOWDA, AGED ABOUT 63 YEARS, SINCE THE APPELLANT NOS. 2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER VASANTHA I.E. APPELLANT NO.1, ALL ARE RESIDENTS OF HOSAGUTTA VILLAGE, SHANIVARASHANTHE HOBLI, SOMAVARAPETE TALUK-571 236. PRESENTLY RESIDENTS OF C/O CHANDRASHEKAR, CHANNAPATNA, BOMMANAYAKANAHALLI VILLAGE ROAD, HASSAN-573 201. …RESPONDENTS (BY SRI. CHETAN B., ADVOCATE FOR R1 - R4; R2 & R3 MINOR REPRESENTED BY R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.03.2019, PASSED IN MVC NO.1250/2014, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT AND JMFC., HASSAN, AWARDING COMPENSATION OF RS.31,81,750/- WITH INTEREST 8% P.A., FROM THE DATE PETITION TILL REALIZATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. The appellant - Corporation has filed this appeal challenging the judgment and award dated 19.03.2019 passed by the learned II Additional Senior Civil Judge, MACT, Hassan, whereby the Tribunal awarded total compensation of Rs.31,81,750/- with interest at the rate of 8% per annum from the date of petition till the date of its realization. 3. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case are that, on 26.06.2014, the deceased Sri Raghu H.D met with an accident while he was riding his motor bike bearing Reg.No.KA-12-K-5427 - 4 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 near Jinneahalli around 12.30 pm. At that time, the said KSRTC bus bearing Reg.No.KA-19-F-2414 is allegedly dashed against the deceased H.D.Raghu resulting in fatal injuries thereafter he succumbed to the injuries and died at the spot. 5. Sri Gowthamdev C. Ullal, learned counsel for the appellant - Corporation contended that the Tribunal has awarded a total compensation of Rs.31,81,750/- with interest at 8% p.a. which is an excessive and exorbitant one. 6. Further, the Tribunal considered the monthly income of the deceased at Rs.11,150/-, by deducting 1/4th towards his personal expenses and by applying multiplier of '15', awarded a huge compensation. 7. Further, the deceased was an Ex-Army; the Tribunal ought to have considered the notional income for the accident of the year 2014. - 5 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 8. Thirdly, the Tribunal has awarded an excessive interest at the rate of 8% on the total compensation and the same may be reduced to 6%. Thus, he prays to allow the appeal. 9. Per contra, Sri Chethan.B, learned counsel for the respondents-claimants supports the impugned judgment and award of the Tribunal and submits that, considering the oral and documentary evidence on record, the Tribunal has granted just and reasonable compensation under each head which does not call for any interference by the hands of this Court. Thus, he prays to dismiss the appeal. 10. Having heard the learned counsel for the appellant- Corporation and learned counsel for the respondents- claimants, the point that would arise for our consideration in the appeal is: Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement or reduction? - 6 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 11. In the instant appeal, the appellant - Corporation has not disputed the accident in question, the cause of death of the deceased and the liability to pay compensation to the claimants. 12. Insofar as the quantum of compensation is considered, the Tribunal has considered the income of the deceased at Rs.11,150/- per month based on the oral and documentary evidence produced at Ex.P-9, the Pension statement cum Bank statement. 13. As on the date of the accident, the deceased was aged about 39 years old and he was an Ex-Army man and was drawing pension amount of Rs.11,150/- per month. Therefore, the Tribunal has rightly assessed the monthly income of the deceased at Rs.11,150/-. Hence, no interference is called for in that regard. 14. Insofar as the conventional heads are concerned, the Tribunal has granted only Rs.40,000/- towards 'loss of consortium', a sum of Rs.15,000/- towards 'loss of estate' - 7 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 and Rs.15,000/- towards 'funeral expenses', hence, no interference is called for in that regard. 15. Insofar as the interest is concerned, the Tribunal without any material evidence available on record, has granted interest at 8% per annum which is an excessive and exorbitant one. Hence, we are reducing the interest from 8% to 6% in terms of Section 34 of the Civil Procedure Code (CPC), 1908. 16. In the result, we pass the following: O R D E R i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal is hereby confirmed however the interest imposed/granted by the Tribunal at 8% is reduced to 6% per annum. iii. The claimants-respondents are entitled for total compensation with interest at the rate of 6% p.a. iv. The appellant-Corporation is directed to deposit the entire compensation amount together with accrued interest before the Tribunal within a period of six - 8 - HC-KAR NC: 2025:KHC:35070-DB MFA No. 5790 of 2019 weeks from the date of receipt of a copy of this judgment. v. The amount in deposit shall be transmitted to the Tribunal for disbursement. vi. Draw modified award accordingly. vii. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. In view of the disposal of the appeal, all pending applications, if any, shall stand disposed off, as they do not survive for any consideration. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 20