- 1 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 3226 OF 2023(MV-D) C/W MISCELLANEOUS FIRST APPEAL No.1767 OF 2023 (MV-D) IN MFA No. 3226/2023 BETWEEN: 1. SHIVANNA K., SINCE DEAD BY LEGAL REPRESENTATIVES SHARADA R., W/O LATE SHIVANNA, AGED ABOUT 61 YEARS, 2. AMITH BABU S., S/O LATE SHIVANNA, AGED ABOUT 42 YEARS, 3. ARPITH BABU S., S/O LATE SHIVANNA, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT No.03, BLOCK - 33, SBM COLONY, SRIRAMPURA, 2ND STAGE, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 J. T. EXTENSION, MYSURU - 570023. …APPELLANTS (BY SRI SHANTHARAJ K., ADVOCATE) AND: 1. THE MANAGING DIRECTOR, KSRTC RURAL DIVISION, BANNIMANTAP, MYSURU - 570015. …RESPONDENT (BY SMT. H.R. RENUKA, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.02.2022 PASSED IN MVC No.1550/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 1767/2023 BETWEEN: 1. THE MANAGING DIRECTOR, KSRTC RURAL DIVISION, BANNIMANTAP, MYSURU - 570015. …APPELLANT (BY SMT. H.R. RENUKA, ADVOCATE) AND: SHIVANNA K., S/O KEMPAIAH, SINCE DEAD BY HIS LEGAL REPRESENTATIVES - 3 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 1. SHARADA R., W/O LATE SHIVANNA, AGED ABOUT 60 YEARS, 2. AMITH BABU S., S/O LATE SHIVANNA, AGED ABOUT 41 YEARS, 3. ARPITH BABU S., S/O LATE SHIVANNA, AGED ABOUT 39 YEARS, ALL RESIDENT OF No.03, BLOCK - 33, SBM COLONY, SRIRAMPURA, 2ND STAGE, J. T. EXTENSION, MYSURU - 570023. …RESPONDENTS (BY SRI SHANTHARAJ K., ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.02.2022 PASSED IN MVC No.1550/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, MYSURU, AWARDING COMPENSATION OF Rs.19,41,700/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Sri K.Shantharaj, learned counsel for the appellants- claimants and Smt. H.R. Renuka, learned counsel for the respondent-KSRTC. 2. These appeals are filed by the claimants and the Transport Corporation. 2.1 MFA No.3226/2023 is preferred by the claimants seeking enhancement of compensation. MFA No.1767/2023 is filed by the Transport Corporation, disputing both the finding of negligence and the quantum of compensation awarded. Both these appeals are directed against the judgment and award dated 24.02.2022 passed by the VII Additional District Judge, Mysuru (for short, 'the Tribunal'), in MVC No.1550/2019. 3. The facts, in brief, are that the claim petition was initially presented by the injured claimant seeking compensation for the injuries sustained in a road traffic accident that occurred on 29.06.2019 at about 10.45 p.m., involving his motorcycle bearing Reg.No.KA-09/HH-2667 and a KSRTC bus bearing - 5 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 Reg.No.KA-09/F-5103. Subsequently, on account of non- recovery from the injuries sustained in the said accident, the claimant died on 23.09.2021. Thereafter, his wife and children were brought on record as his legal representatives. 3.1 It was pleaded that the deceased was earning Rs.20,000/- per month and that the accident occurred solely due to the rash and negligent driving of the driver of the offending bus. 3.2 The respondent filed its statement of objections contending that the accident occurred due to the rash and negligent riding of the deceased himself. 3.3 The wife of the deceased examined herself as PW.2. The doctor was examined as PW.1 and another witness was examined as PW.3. In support of the claim petition, Exs.P1 - P134 were marked. On behalf of the respondents, RW.1 and RW.2 were examined and Ex.R1 was marked. 3.4 The Tribunal held that the deceased and the driver of the bus had equally contributed to the occurrence of the accident and accordingly fastened contributory negligence in equal - 6 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 proportion. Upon consideration of the evidence on record, the Tribunal assessed the notional income of the deceased at Rs.11,000/- per month. It deducted one-third of the income towards personal and living expenses and applied a multiplier of ‘7’. The Tribunal further awarded compensation under conventional heads and also towards medical expenses, nursing charges, food and nourishment, attendant charges, and conveyance expenses. 4. Smt. H.R. Renuka, learned counsel appearing for the respondent–KSRTC, submits that the KSRTC bus was proceeding on the left side of the road, which is a double road. It is contended that the deceased was riding his motorcycle coming from the opposite direction (one-way) and in the middle of the road, thereby violating traffic discipline. 4.1 It is submitted that the accident occurred solely due to the negligence of the deceased. In the alternative, learned counsel contends that, in any event, a greater degree of negligence was attributable to the deceased. According to the learned counsel, the Tribunal committed an error in holding that both the deceased and the driver of the bus were equally - 7 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 negligent. It is further contended that the Tribunal erred in attributing 50% of the negligence to the driver of the offending bus and that the entire negligence ought to have been fastened on the deceased. 4.2 Learned counsel further submits that the medical bills run into several lakhs of rupees and that the said amounts are stated to have been paid in cash. It is therefore contended that the genuineness of the said bills is doubtful. Learned counsel also submits that the Tribunal has awarded a sum of Rs.5,40,000/- towards nursing charges without there being any cogent evidence or proof to substantiate the incurring of such expenses. 5. Per contra, Sri K. Shantharaj, learned counsel appearing for the claimants, submits that the accident occurred solely due to the rash and negligent driving of the driver of the bus and that no negligence can be attributed to the deceased. It is contended that the Tribunal erred in attributing 50% contributory negligence to the deceased. - 8 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 5.1 Learned counsel further submits that the monthly income assessed by the Tribunal is on the lower side. It is contended that the notional income determined by the Tribunal is not in consonance with the guidelines/chart prepared by the Karnataka State Legal Services Authority. It is also submitted that the compensation awarded towards medical expenses is based on the actual bills produced before the Court. Merely because the amounts were paid in cash, the same cannot be a ground to doubt the genuineness of the medical bills. 5.2 Learned counsel further submits that the deceased sustained grievous injuries in the accident that occurred on 29.06.2019 and ultimately succumbed on 23.09.2021 as a consequence of the injuries suffered in the said accident. 5.3 It is contended that a substantial portion of the treatment was undergone during the COVID-19 pandemic and that nursing care was provided at home during the said period. Learned counsel submits that the treatment undergone for more than two years is duly corroborated by the oral and documentary evidence placed on record. It is further submitted that the - 9 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 deceased required the services of an attendant on a regular basis. 5.4 According to the learned counsel, the compensation awarded under the various other heads is just and reasonable, and therefore, no interference is warranted by this Court. 6. Considered the submissions of learned counsel for the parties and perused the record. 7. The occurrence of the accident dated 29.06.2019 at about 10.45 p.m., involving the motorcycle bearing Reg.No.KA- 09/HH-2667 and the KSRTC bus bearing Reg.No.KA-09/F-5103, is not in dispute. The Transport Corporation disputes only the finding on negligence and the quantum of compensation awarded under certain heads, particularly with regard to reimbursement of medical expenses and nursing charges. 7.1 The driver of the bus has been examined as RW.1. In his evidence, he admits that he noticed the motorcycle approaching from a distance of about 100 to 200 meters. The spot sketch is marked as Ex.P7. It discloses that the width of the road is 20 feet and that the accident occurred in the middle of - 10 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 the road. The place of occurrence is on a straight stretch of the road, and therefore, any vehicle approaching from the opposite direction would have been clearly visible to the driver of the bus. Having regard to the width of the road, if the driver of the bus had exercised due care and caution, he could have avoided the accident, as there was sufficient space available on either side of the road to maneuver the vehicle. 7.2 The Tribunal has further noticed that the deceased was riding his motorcycle in the opposite direction (one-way) on a double road, which contributed to the occurrence of the accident. On appreciation of the material on record, the Tribunal assessed the contributory negligence at 50% each on the part of the deceased and the driver of the bus. 7.3 Having regard to the oral and documentary evidence available on record, we are of the considered view that the finding recorded by the Tribunal is duly supported by the evidence and does not suffer from any perversity or infirmity warranting interference. Accordingly, the finding of contributory negligence at 50% each on the part of the deceased and the driver of the bus is confirmed. - 11 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 8. The other contention urged by the respondent– Corporation pertains to the medical bills. The genuineness of the medical bills is questioned solely on the ground that the payments were made in cash. 8.1 We have perused the medical bills placed on record. The bills are generated periodically and bear GST numbers, along with computer-generated dates and time stamp. They have been issued on different dates, spread over several months. There is no statutory prohibition against payment of medical expenses in cash. Merely because the payments are stated to have been made in cash, the authenticity of the bills cannot be doubted, in the absence of any contrary evidence. We find no infirmity in the acceptance of the said medical bills by the Tribunal. 8.2 The respondent–Corporation has further contended that the award of Rs.5,40,000/- towards nursing charges is without supporting evidence. The accident occurred on 29.06.2019 and the deceased expired on 23.09.2021. It is on record that the deceased was discharged from the hospital on 16.08.2019 and thereafter remained under home care for more - 12 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 than two years. The period of home treatment substantially overlapped with the severe phase of the COVID-19 pandemic, during which hospitalization was generally avoided unless absolutely necessary. 8.3 The material on record discloses that from the date of the accident until his death, the deceased was bedridden and required continuous care. Exs.P129 to P132 – photos, indicate that he was not in a movable condition. In such circumstances, the necessity of engaging an attendant and incurring nursing expenses cannot be doubted. It would be unrealistic to expect strict documentary proof of nursing charges incurred during the COVID-19 period, particularly when care was administered at home. 8.4 Having regard to the overall evidence on record, we find that the award of Rs.5,40,000/- towards nursing charges, calculated at Rs.20,000/- per month for a period of 27 months, is justified and does not warrant interference. 9. The claimants have asserted that the deceased was earning a sum of Rs.20,000/- per month. However, no - 13 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 documentary evidence has been placed on record to substantiate the said income. In the absence of proof of actual income, the monthly income is required to be assessed notionally. 9.1 The Karnataka State Legal Services Authority has prepared a chart to ensure uniformity in the assessment of notional income in motor accident cases. As per the said chart, for accidents that occurred in the year 2019, the notional income is fixed at Rs.14,000/- per month. In the present case, the Tribunal assessed the notional income at Rs.11,000/- per month. The same is not in consonance with the guidelines issued by the Karnataka State Legal Services Authority. Accordingly, we reassess the notional monthly income at Rs.14,000/- per month. 10. The claimants are the wife and children of the deceased. Each of the three claimants is entitled to consortium at Rs.40,000/- in terms of settled principles. The Tribunal has awarded only a sum of Rs.40,000/- under this head. Hence, we award a total compensation of Rs.1,20,000/- towards spousal and filial consortium. - 14 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 11. The age of the deceased, the multiplier applied, and the deduction made towards personal and living expenses, as determined by the Tribunal, are maintained. Accordingly, the loss of dependency is re-calculated as under: Rs.14,000/- (-) 1/3rd = Rs.9,333/- Rs.9,333/- x 12 x 7 = Rs.7,83,972/- 12. Accordingly, the total compensation is re-computed as under: Sl. No s. Particulars Compensation awarded by the Tribunal (in Rs.) Modified compensatio n (in Rs.) 1. Loss of dependency 6,15,972/- 7,83,972/- 2. Loss of consortium 40,000/- 1,20,000/- 3. Funeral expenses 15,000/- 15,000/- 4. Loss of estate 15,000/- 15,000/- 5. Medical expenses 25,22,262/- 25,22,262/- 6. Nursing charges 5,40,000/- 5,40,000/- 7. Food, nourishment, attendant charges and conveyance charges 1,35,000/- 1,35,000/- Total 38,83,234/- 41,31,234/- Enhanced compensation 2,48,000/- The claimants are entitled to a total compensation of Rs.41,31,234/- as against Rs.38,83,234/- awarded by the Tribunal. - 15 - HC-KAR NC: 2026:KHC:10050-DB MFA No. 3226 of 2023 C/W MFA No. 1767 of 2023 13. Accordingly, the following: ORDER (i) MFA No.3226/2023 filed by the claimants is allowed-in-part. (ii) MFA No.1767/2023 filed by Transport Corporation is dismissed. (iii) The judgment and award dated 24.02.2022 on the file of VII Additional District Judge, Mysuru, in MVC No.1550/2019 is modified by re-computing the compensation at Rs.41,31,234/- as against Rs.38,83,234/- awarded by the Tribunal. (iv) The apportionment and investment as ordered by the Tribunal is maintained. (v) The Transport Corporation shall deposit the remaining compensation within six weeks from the date of this order. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 32