- 1 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 907 OF 2024 (MV-D) BETWEEN: 1. SRI LAKSHMISHA C K S/O KARIGOWDA, AGED ABOUT 41 YEARS 2. SRI KARIGOWDA S/O LATE ARASEGOWDA, AGED ABOUT 80 YEARS 3. SMT KAMALAMMA W/O KARIGOWDA, AGED ABOUT 61 YEARS ALL ARE R/AT CHITTANAHALLY VILLAGE, DODDAPURA POST, KASABA HOBLI, HASSAN TQ AND DISTRICT-573201 …APPELLANTS (BY SRI. H J ANANDA., ADVOCATE) AND: 1. KUSHAAL KUMAR K L S/O LAKSHMEGOWDA AGED ABOUT 41 YEARS, R/O KALLESOMANAHALLY VILLAGE, BAGURU HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 2. MANAGING DIRECTOR K.S.R.T.C CENTRE OFFICE, BANGALORE REPRESENTED BY DIVISIONAL CONTROLLER, K.S.R.TC HASSAN DEPOT, B.M ROAD, HASSAN-573201. …RESPONDENTS (VIDE ORDER DATED 01.08.2024, NOTICE TO R-1 IS DISPENSED WITH; BY SMT. H.R.RENUKA, ADVOCATE FOR R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2023 PASSED IN MVC NO. 786/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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 appellants and learned counsel for the respondents. 2. The appellants - claimants have filed this appeal for enhancement of compensation being aggrieved by the - 3 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 judgment and award passed by the Tribunal in MVC.No.786/2021 dated 10.11.2023. 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 25.01.2020 at around 04.00 pm, the appellant no.1 was proceeding in his Honda Shine bike bearing Reg. No.KA-13-EF-6852 and his wife Pankaja D.R (the 'deceased') proceeding in the said bike as a pillion rider and when they reached near Baragur Hand Post circle, NH-75, at that point of time the driver of the KSRTC bus bearing Reg.No. KA-13-F-2262 came from Hassan side in a rash and negligent manner and dashed against the said bike and as a result of which the pillion rider Pankaja D.R and the appellant No.1 fell down from the bike. As a result of the said accident, the appellant No.1 sustained grievous injuries to his right hand, ribs, stomach, head, chest, face, waist, neck and other parts of the body. The pillion rider Smt.Pankaja D.R. also sustained - 4 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 grievous injuries to her head, hands and other parts of the body and she was immediately shifted to Janapriya Hospital, however the doctors had declared that she has been brought dead. 5. Learned counsel for the appellants - claimants vehemently contended that, the deceased was aged about 33 years at the time of accident and she was doing household work and agricultural work, from which she was earning Rs.20,000/- per month and she was, at that time, taking the entire responsibility of the house. 6. The Tribunal has considered the notional income of the deceased at Rs.8,000/- per month which is on lower side. 7. Further, the Tribunal has not considered future prospects at 40% in view of the ratio laid down in the case of NATIONAL INSURANCE CO. LTD. Vs. PRANAY SETHI reported in (2017) 16 SCC 680. Hence, he prays to allow the appeal. - 5 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 8. Learned counsel for the respondent - Corporation vehemently contended that the Tribunal, based on oral and documentary evidence on record, has granted a fair and reasonable compensation. Hence, no interference is called for in that regard. 9. Having heard learned counsels for the appellants and respondents, 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? 10. In the instant appeal, the respondent - Corporation has not disputed the accident in question, the cause of death of the deceased and the liability to pay compensation to the claimants. 11. Insofar as the quantum of compensation is considered, the Tribunal has considered the income of the - 6 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 deceased at Rs.8,000/- per month which is on meager side. The accident is of the year 2020 and no documentary evidence is recorded based on income of the deceased in that regard. In the absence of any proof of income, taking note of the Circular issued by the Karnataka State Legal Services Authority and the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the income of the deceased at Rs.14,500/- per month. 12. The deceased was aged about 33 years at the time of accident. The respondent - Corporation has not disputed this aspect. Hence, the appropriate multiplier applicable for the age group of the deceased is '16'. 13. The deceased died leaving behind her husband and her parents-in-law. Hence, it is appropriate to deduct 1/3rd towards her personal expenses. 14. The Tribunal has not considered the future prospects of the deceased. The Hon'ble Supreme Court in the case - 7 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 of NATIONAL INSURANCE CO. LTD. Vs. PRANAY SETHI reported in (2017) 16 SCC 680 has held that, if the deceased is within the age group of 30 - 40 years, then 40% of the income of the deceased would be added as future prospects. Hence, the loss of dependency is reckoned as under: Rs.14,500 + Rs.5,800 (40%) = Rs.20,300. Rs.20,300 - Rs.6767 (1/3rd) = Rs.13,533 Rs.13,533 x 12 x 16 = Rs.25,98,336. 15. The Tribunal has committed an error in not awarding fair compensation under conventional heads. In view of the judgment of Hon'ble Apex Court in the case of MAGMA GENERAL INSURANCE CO. LIMITED VS. NANU RAM ALIAS CHUHRURAM AND OTHERS reported in (2018) 18 SCC 130 and NATIONAL INSURANCE CO. LIMITED VS. PRANAY SETHI AND OTHERS reported in 2017(16) SCC 680, the claimants are entitled towards ‘loss of consortium’ at Rs.40,000/- - 8 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 each which comes to the total of Rs.1,20,000/-, Rs.15,000/- towards ‘loss of estate’ and Rs.15,000/- for ‘funeral expenses’. 16. Thus, the claimants are entitled for the following compensation: HEADS Rs. Loss of dependency 25,98,336.00 Loss of consortium 1,20,000.00 Funeral expenses 15,000.00 Loss of estate 15,000.00 TOTAL 27,48,336.00 Less: Compensation awarded by the Tribunal 11,08,936.00 ENHANCED COMPENSATION 16,39,400.00 17. 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 modified to the extent stated hereinabove. The claimants are entitled for a total compensation of - 9 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 Rs.27,48,336/- as against Rs.11,08,936/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.16,39,400/- from the date of filing of the claim petition till the date of its realisation. iii. Respondent - Corporation is directed to deposit the enhanced compensation amount together with interest within eight weeks from the date of receipt of a copy of this judgment. iv. Apportionment, disbursement and deposit of the enhanced compensation shall be made in terms of the award of the Tribunal. v. Draw modified award accordingly. vi. No order as to costs. Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. - 10 - HC-KAR NC: 2025:KHC:31724-DB MFA No. 907 of 2024 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.: 7