- 1 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 4573 OF 2016 (MV-D) BETWEEN: 1. SMT. PADMAVATHI D.M., SON OF LATE UMESHA, AGED ABOUT 32 YEARS, 2. MASTER PREETHAM H.U., SON OF LATE UMESHA, AGED ABOUT 10 YEARS, BOTH ARE RESIDING AT EWS 421, 11TH CROSS, KUVEMPUNAGAR, HASSAN - 573 201. SINCE THE 2ND APPELLANT IS BEING MINOR REPRESENTED BY THE NATURAL GUARDIAN HIS MOTHER 3. SRI. MARULAPPA, SON OF LATE SIDDARAMANNA, AGED ABOUT 71 YEARS, 4. SMT. KAMALAMMA, WIFE OF MARULAPPA, AGED ABOUT 63 YEARS, BOTH ARE RESIDENT OF P. HOSAHALLI VILLAGE, KANAKAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 201. …APPELLANTS (BY SRI.MOHAN P S., ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 AND: 1. SRI. K. A. MANJAPPA, SON OF HARADEGOWDA, K.S.R.T.C. DRIVER, BADGE NO. 12797, ARASIKERE DEPOT, HASSAN - 573 201. 2. THE MANAGING DIRECTOR, SARIGE BHAVANA, K.S.R.T.C. CENTRAL OFFICE, SHANTHINAGAR, BANGALORE, REPRESENTED BY THE DIVISIONAL CONTROLLER, K.S.R.T.C. HASSAN DIVISION, HASSAN - 573 201. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2, VIDE ORDER DATED 17.08.2022 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.10.11.2014 PASSED IN MVC NO.1987/2013 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL M.A.C.T, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 ORAL JUDGMENT This appeal is by the claimants seeking for enhancement of compensation arising out of judgment and award dated 10.11.2014 passed by II Additional District and Sessions Judge and Additional M.A.C.T, Hassan (‘Tribunal’ for short). 2. In an accident occurred on 12.01.2012, deceased Umesha a conductor on duty in a K.S.R.T.C bus bearing No.KA.18.F.132, died in the accident caused due to the rash and negligent driving by the driver of the said vehicle. The claimants who are the wife, son and parents of the deceased Umesha, filed claim petition seeking compensation of Rs.25,00,000/- along with interest at the rate of 18% interest per annum from the date of petition till realization. The Tribunal, after considering the entire material produced before it, has taken the net salary at Rs.14,077/-, of the deceased as on the date of accident and considering the number of claimants, deducted 1/4th amount towards personal expenses, applied multiplier ‘16’ - 4 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 and awarded compensation of Rs.20,27,088/- under the head ‘loss of Dependency’ followed by compensation under the ‘conventional head’, in total Rs.20,63,088/- along with interest rate of 6% per annum. Not being satisfied with the amount awarded by the Tribunal, the claimants are in this appeal. 3. Sri Mohan P.S, learned counsel submits that though the Tribunal has taken the income at Rs.14,077/-, it has not added any income towards the future prospectus. The deceased was permanent employee with the KSRTC and was aged within 40 years. To be precise, he was 32 years as on the date of death. In the circumstances, the compensation awarded under the head ‘loss of dependency’ requires reconsideration by adding 50% towards ‘future prospectus’. Further, he submits that the compensation awarded under the ‘conventional head’ is very sparse. He submits that the deceased survived by four claimants-parents, wife and son. As such, the - 5 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 compensation is required to be enhanced even under the ‘conventional head’. 4. Further he submits that, in view of the settled position of law, the claimants are also entitled for 10% escalation on the compensation awarded under the ‘conventional head’ from 2017 for each completed 3 years. 5. In the case on hand, the claimants are entitled for 2 terms of 3 completed years. As such they are entitled for 20% escalation on the compensation awarded under ‘conventional head’. With this, the learned counsel sought to allow the appeal and enhance the compensation. 6. Though Sri.D.Vijay Kumar, argued in support of the judgment and award passed by the Tribunal, but he is unable to support the judgment in view of settled position of law regarding the addition of ‘future prospectus’ and the ‘conventional head’, so also the escalation provided on the amount awarded under the ‘conventional head’. - 6 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 7. Having considered the submissions, the claimants have made out a case for enhancement of compensation. 8. As the deceased was a permanent employee with the KSRTC, 50% is required to be added towards ‘future prospectus’, to the existing income. After deducting 1/4th towards ‘personal expenses’ and awarding appropriate compensation under the ‘conventional head’, so also 10% escalation for each completed 3 years since 2017, the claimants are entitled for re-determined compensation which reads as under: Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Loss of dependency 20,27,088-00 (1,26,693x16) 30,40,632-00 (14,077+50%x12 x16x3/4) 2. Loss of estate 10,000-00 15000-00 3. Loss of love and affection 10,000-00 15000-00 4. Loss of Consortium 10,000-00 1,60,000-00 (40,000x4) 5. Transportation of dead body and funeral expenses 6,000-00 15000-00 6. 20% escalation (for two terms of three completed years on conventional heads) 38,000-00 TOTAL 20,63,088-00 32,83,632-00 - 7 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 9. On re-determination, the claimants are entitled for enhanced compensation of Rs.12,20,544/- rounded of to Rs.12,20,600/- which shall carry interest at the rate of 6% p.a., from the date of petition till its realization. 10. For the following reasons, the Court proceeds to pass the following: ORDER i) The appeal is allowed-in-part. ii) The judgment and award dated 10.11.2014 in MVC.No.1987/2013, passed by II Additional District and Sessions Judge and MACT, Hassan, is modified. iii) The appellants – claimants are entitled for an additional enhanced compensation of Rs.12,20,600/- along with interest at 6% per annum from the date of the petition till realization. iv) The respondent No.2/Corporation shall deposit the enhanced compensation along with interest - 8 - HC-KAR NC: 2026:KHC:10697 MFA No. 4573 of 2016 stated supra within six weeks from the date of receipt of copy of this order. v) The order of the Tribunal with apportionment and disbursement is unaltered. Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 7