- 1 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST 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.4324 OF 2021 (MV-D) BETWEEN: 1. SRI S. MURUGESH S/O. SUBBAIAH AGED ABOUT 57 YEARS. 2. SMT. S.M. PONNAMMA W/O. MURUGESH S. AGED ABOUT 48 YEARS. 3. SRI M. RANJITH S/O. MURUGESH S. AGED ABOUT 26 YEARS. ALL ARE RESIDENTS OF SRI MURUGESH DRY CLEANERS, MAIN ROAD GONICOPPAL TOWN, VIRAJPET TALUK S. KODAGU-571 218. …APPELLANTS (BY SMT. ANANDITA SRINIVASAN, ADVOCATE) AND: 1. SRI PETER K.M. S/O. MATHEW MAJOR BY AGE AMBETTE MALE BELTHANGADI TALUK DAKSHINA KANNADA-574 145. 2. THE MANAGER UNITED INDIA INSURANCE CO. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 2ND FLOOR, SRI KATHYANI OPPOSITE BUS STAND BELTHANGADY-574 145. 3. SRI BABU RAM DAS RATHODE S/O. RAMDAS AGED ABOUT 48 YEARS DRIVER OF K.S.R.T.C. BUS BADGE NO.9401, DHARMASTHALA DEPOT DHARMASTHALA-574 145. 4. THE MANAGER K.S.R.T.C. DEPOT DHARMASTHALA DAKSHINA KANNADA-574 145. 5. THE MANAGER INTERNAL INSURANCE K.S.R.T.C. BENGALURU-560 027. …RESPONDENTS (BY SRI CHAMARAJ M., ADVOCATE FOR R-1; SRI B.A. RAMAKRISHNA, ADVOCATE FOR R-2; SMT. B.P. RADHA, ADVOCATE FOR R-4 AND R-5; VIDE COURT ORDER DATED 2-6-2023, SERVICE ON R-3 IS HELD SUFFICIENT) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MV ACT, 1989, AGAINST THE JUDGMENT AND AWARD DATED 6-2-2017 PASSED IN MVC NO.22 OF 2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, VIRAJPET, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The appellants are the parents of Rakshith, who died in the accident alongwith one Johnson, on 23.04.2012 while they were going on motor cycle bearing registration No.KA-05-HF-7820 alongwith Sri. K.S. George, who was riding the motor cycle and the two deceased were pillion riders. The deceased has attended final year examination of II year B.Sc. at SDM College, Belthangady. The accident took place with KSRTC bus bearing registration No.KA-19-F-2489. The motor cycle was insured with respondent No.2. The appellants, who happen to be parents of deceased filed claim petition in MVC No.22/2013 claiming compensation of Rs.25.00 lakhs alongwith interest etc., The Tribunal however dismissed the claim petition on the ground that the rider and pillion riders themselves were responsible for the accident and no negligence was attributed to driver of KSRTC bus. 2. Another claim petition was filed by the parents of deceased Johnson before the III Addl. Senior Civil Judge and JMFC, Mangalore in MVC No.151/2013 and the Tribunal allowed the claim petition and the legal heirs of deceased Johnson were awarded compensation of Rs.15,12,000/- alongwith interest at - 4 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 the rate of 9% p.a. The compensation of Rs.15,12,000/- alongwith interest was directed to be paid with 50% each by the Insurance company and KSRTC. The Insurance company as well as KSRTC had filed two appeals in MFA No.6447/2016 and MFA No.5729/2016 before this Court. This Court vide its judgment dated 03.9.2020 in the aforesaid two MFAs after detailed consideration of the facts and circumstances of the case and relevant case laws held that the notional income of deceased Johnson could be taken at Rs.7,000/- p.m. and 40% is to be added on account of future prospects in view of the law laid down by the Constitution Bench of the Honb'le Supreme Court in National Insurance Company Limited v. Pranay Sethi And Others reported in AIR 2017 SC 5157 and thus the total compensation awarded at Rs.12,08,400/-, was directed to be paid at the rate of 50% each by the Insurance Company and the respondent Corporation. 3. After the said judgment came to be passed by this Court, the appellants have filed this appeal with a delay of more than 1053 days. However, by order dated 28.06.2023, the delay has been condoned. - 5 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 4. Learned counsel for the appellants submits that once the delay has been condoned, the appeal has to be heard and decided on merits. He further submits that this Court has already held that legal heirs of deceased Johnson were entitled for compensation of Rs.12,08,400/- alongwith interest at the rate of 6% p.a. from the date of filing of the petition. The case of the appellants is identically placed with that of the legal heirs of Johnson, who was also II Year B.Sc. student, who died in the same accident. 5. Learned counsel for respondent Corporation however vehemently submits that the case of the appellants herein is different than the case of the respondents in MFA No.6447/2016 and MFA No.5729/2016. In the aforesaid two MFAs, the claim petition was allowed and however, in this present case, the claim petition was dismissed. She further submits that the Tribunal has held negligence on driver of the motor cycle and pillion riders to the extent of 100%. The finding of the Tribunal is based on cogent and credible evidence and therefore, no interference is required by this Court. - 6 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 6. We have considered the submissions. The facts are not in dispute that Johnson and Rakshith died in the same accident. Two claim petitions came to be filed in two different Tribunals. One Tribunal has dismissed the claim petition and another has allowed the claim petition of legal heirs of deceased Johnson. This Court has attributed negligence on the rider of the motor cycle and driver of the bus to the extent of 50% each and therefore, we have no reason to take a different view than taken by the earlier Coordinate Bench of this Court in its judgment dated 03.09.2020. 7. In view thereof, as deceased Johnson and deceased Rakshith were of the same age and they were pursuing II year B.Sc from SDM College, Belathangadi and they died on the same day in the same accident, we dispose of this appeal granting compensation of Rs.12,08,400/- alongwith interest at the rate of 6% p.a., to the appellants/claimants, excluding interest for the delayed period of 1053 days. 8. The Karnataka State Road Transport Corporation-respondent No.4 as well as Insurance Company-respondent No.5 shall pay awarded compensation of Rs.12,08,400/- at the rate of 50% each, to be deposited with the Tribunal within eight weeks - 7 - HC-KAR NC: 2025:KHC:29937-DB MFA No. 4324 of 2021 from today, excluding interest for the delayed period of 1053 days. 9. Draw modified award accordingly. 10.Registry is directed to send back copy of this Judgment to the Tribunal, alongwith Tribunal records. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 64