- 1 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1897 OF 2025(MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.8543 OF 2024(MV-D) IN MFA No. 1897/2025 BETWEEN: 1. SMT. UMADEVI W/O M.LOKESH AGED ABOUT 31 YEARS, OCC: AGRICULTURIST, 2. VARSHINI L D/O M.LOKESH AGED ABOUT 8 YEARS, 3. HARSHINI.L D/O M.LOKESH AGED ABOUT 6 YEARS, SINCE PETITIONER/APPELLANT NO.2 AND 3 ARE MINORS AND THEY ARE REPRESENTED BY THEIR MINOR GUARDIAN I.E., THEIR MOTHER SMT. UMADEVI W/O M. LOKESH 4. SRI. MANJAPPA S/O HASAVANTHE DURGAPPA, AGED ABOUT 68 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 OCC: AGRICULTURIST, 5. SMT.PARVATI W/O MANJAPPA AGED ABOUT 65 YEARS, ALL ARE R/O MANDAGALALE, KANLE POST, SAGAR TALUK, SHIVAMOGGA DISTRICT-577 430 …APPELLANTS (BY SRI. MAHAMED GUFRAN N, ADVOCATE) AND: 1. SRI. SANDEEP. K S/O KUBENDRAPPA, AGED ABOUT 39 YEARS, KSRTC DRIVER, R/O KAMBALIKOPPA, SAGAR TALUK, SHIVAMOGGA DISTRICT-577401 DRIVER OF BUS BEARING REG.NO.KA.17/F-1671, D.L.NO.KA.03/20040011266 VALID TILL 07.01.2025. 2. THE MANAGING DIRECTOR, K.S.R.T.C DIVISIONAL CONTROLLER, SHIVAMOGA, SHIVAMOGA-577 201, THE MANAGER, KARNATAKA STATE GOVERNMENT INSURANCE DEPARTMENT 16TH FLOOR, V.V.MUKHAI GOPURA DR.AMBEDKARA VEEDI, BENGLAURU -560 001 (NOTE: PETITION AGAINST RESPONDENT NO.3 IS DISMISSED AS NOT PRESSED AS PER ORDER DATED:21-06-2024) …RESPONDENTS (BY SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R2, SMT. JYOTI M MARADI, HCGP FOR R3 - 3 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 VIDE COURT ORDER DATED 24/04/2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.08.2024 PASSED IN MVC NO.79/2023 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8543/2024 BETWEEN: THE MANAGING DIRECTOR KSRTC, DIVISION CONTROLLER SHIVAMOGA, SHIVAMOGA-577 201 REP. BY ITS CHIEF LAW OFFICER CENTRAL OFFICES, K. H. ROAD, SHANTHINAGAR, BENGALURU-560 027. ...APPELLANT (BY SRI. G LAKSHMEESH RAO, ADVOCATE) AND: 1. SMT UMADEVI W/O. LATE M. LOKESH AGED ABOUT 31 YEARS, 2. VARSHINI. L D/O. LATE M. LOKESH AGED ABOUT 8 YEARS, 3. HARSHINI. L D/O. LATE M. LOKESH AGED ABOUT 6 YEARS, SINCE THE RESPONDENTS 2 & 3 ARE MINORS AND THEY ARE - 4 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 REPRESENTED BY THEIR MINOR GUARDIAN I.E., THEIR MOTHER SMT. UMADEVI / RESPONDENT-1 W/O. M. LOKESH 4. SRI. MANJAPPA S/O. HASAVANTHE DURGAPPA, AGED BOUT 68 YEARS, OCC: AGRICULTURIST, 5. SMT. PARVATI W/O. MANJAPPA, AGED BOUT 65 YEARS, ALL ARE R/O MANDAGALALE, KANLE POST-577 430, SAGAR TALUK, SHIVAMOGGA DISTRICT 6. SRI. SANDEEP. K S/O. KUBENDRAPPA, AGED ABOUT 39 YEARS, KSRTC DRIVER, R/O. KAMBALIKOPPA, SAGAR TALUK-577 401, SHIVAMOGGA DISTRICT. DRIVER OF THE BUS BEARING REG. NO. KA-17-F-1671, D.L.NO.KA-03/20040011266 VALID TILL 07.01.2025. 7. THE MANAGER KARNATAKA STATE GOVERNMENT INSURANCE DEPARTMENT, 16TH FLOOR, V.V. MUKHAI GOPURA, DR. AMBEDKARA VEEDI, BENGALURU-560 001. ...RESPONDENTS (BY SRI. MAHAMED GUFRAN N, ADVOCATE FOR R1-R5, (R2 & R3 ARE MINORS REPRESENTED BY R1) - 5 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 SMT. JYOTI M MARADI, HCGP FOR R7, R6 - SERVED, UNREPRESENTED) MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.20.08.2024 PASSED IN MVC NO.79/2023 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, SHIVAMOGGA, SITTING AT SAGAR, AWARDING COMPENSATION OF RS.21,62,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) 1. These two appeals arise out of judgment and award passed in M.V.C.No.79/2023 dated 20.08.2024 by the V Addl. District and Sessions Judge and ADDL. MACT, Shivamogga, Sitting at Sagar (for short 'the Tribunal'), whereby the Tribunal partly allowed the claim petition filed by the claimants by granting compensation of Rs.21,62,500/- along with interest at 6% per annum. 2. The factual matrix of the case is, on 17.09.2002 one Lokesh (deceased in the case), was coming from Sagar in his Bajaj CT-100 bike bearing Registration No.KA-15/EE-7609, - 6 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 and when he was proceeding on the tar road towards Mandagalale from Kanle, the driver of KSRTC bus Bearing Registration No.KA-17/F-1671 came from opposite direction in a rash and negligent manner and dashed the motor bike of the deceased. As a result, Lokesh sustained injuries and later, succumbed to the injuries. Subsequently, the jurisdictional Police registered FIR against the driver of the KSRTC bus and laid charge sheet against the driver of bus and the deceased. Thereafter, the legal representatives of the deceased filed claim petition for compensation before the Tribunal. 3. The Tribunal, upon assessment of the evidence on record, partly allowed the claim petition and awarded a sum of Rs.21,62,500/- along with 6% interest per annum to the claimants and directed the KSRTC to pay the compensation. Aggrieved by the said judgment and award, the KSRTC preferred an appeal being MFA No.8543/2024 against the liability and the claimants preferred an appeal being MFA No.1897/2025 for enhancement of compensation awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 4. Heard learned counsel Sri Lakshmeesh Rao, for the appellants in MFA No.8543/2024 and for respondent No.2 in MFA No.1897/2025, learned counsel Sri Mahamed Gufran N., for the appellants in MFA No.1897/2025 and for respondent Nos.1 to 5 in MFA No.8543/2024 and Learned HCGP Smt. Jyoti M. Maradi, for respondent No.3 in MFA No.1897/2025 and for respondent No.7 in MFA No.8543/2024. 5. Apart from urging several contentions, learned counsel for the KSRTC primarily contended that the Tribunal has erred while saddling the entire negligence on the part of the driver of KSRTC bus, despite the fact that the deceased without wearing helmet and in an intoxication state, ridden his bike on the middle of the road and dashed the bus, which was proceeding on right direction. By emphasising the sketch at Ex.P4 and spot mahazar at Ex.P3, he contended that the spot of accident was in the middle of the road and the bus was proceeding from Kagoodu to Kanle towards north i.e., left side of road, whereas the deceased was riding his motor cycle in the middle of the road and he was fully drunk, as a result, the accident occurred. The said fact was clarified in the charge sheet at Ex.P7 by implicating the deceased as accused No.2 for - 8 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 the offences punishable under Section 185 of Motor Vehicles Act, 1988. Hence, according to him, the Tribunal ought to have fixed the contributory negligence against the deceased also. With these submissions, he prays to allow the appeal being MFA No.8543/2024. 6. Per contra, learned counsel for the claimant has supported the impugned judgment and submitted that the Tribunal after meticulous examination of the evidence on record, rightly held that the accident is caused due to negligence of the driver of KSRTC bus and fixed the liability on the KSRTC to pay the compensation. However, he contended that the Tribunal erred while awarding the compensation on all heads without considering the age and income of the deceased. Accordingly, he prays to allow the appeal being MFA No.1897/2025 by enhancing the compensation awarded by the Tribunal by dismissing the appeal filed by the KSRTC. 7. We have given our anxious consideration on the submissions made by the learned counsel for the respective parties and perused the documents available on record. - 9 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 8. As could be gathered from records, the fact that the occurrence of accident-in-question and coverage of the offending vehicle i.e., KSRTC bus under the insurance policy issued by the appellant in MFA No.8543/2024 are not in dispute. A perusal of the FIR and charge sheet materials, i.e., Exs.P1 to P7 and photographs at Ex.R3 reveals that the accident-in-question occurred on the tar road connecting Mandagalale-Kanle. The deceased was proceeding from Sagar city and the KSRTC bus was coming from Kagoodu and there was a head on collusion on the middle of the road. The said road is 12ft width. Admittedly, the standard width of the KSRTC bus is 8 ft., as such, in a 12 ft. road a bus would travel for almost 8 ft. and above. In such circumstance, it is the duty and obligation of the rider of the motorcycle to ride his motorcycle on the left side of the road, when the bus coming from the opposite direction in a narrow road of 12 ft. In the instant case, since the accident caused on the middle of the road, it could be presumed that the deceased was riding the motorcycle almost in the middle of the road, which resulted in head on collusion. If the deceased had taken minimum caution while riding the vehicle, he would have avoided the accident. Hence, we are - 10 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 constrained to observe that there is negligence on the part of deceased i.e., the rider of the motorcycle and he also contributed the minimum negligence to the accident. In our considered view, the Tribunal erred without saddling the contributory negligence on the rider of the motorcycle. Hence, on that aspect, interference is called for in the impugned judgment and accordingly, we are of the view that the deceased contributed 20% negligence towards the accident and the driver of the offending bus contributed 80% of negligence by driving the bus in a rash and negligent manner in a narrow road. 9. As far as the compensation awarded by the Tribunal is concerned, the accident is of the year 2022 and the deceased was 37 years old at the time of accident as per the post- mortem report-Ex.P6. The Tribunal has rightly considered the income of the deceased at Rs.15,500/- p.m. as per the guidelines issued by the KSLSA and appropriate multiplier would be '15'. However, the Tribunal has failed to add the future prospects. Since the deceased was aged about 37 years, 40% future prospects has to added to the monthly income, - 11 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 thus the monthly income would be Rs.21,700/- (15,500 + 40%). 10. Since the deceased had 5 dependents, 1/4th of his income has to be deducted towards personal expenses. Thus, his monthly income would be Rs.16,275/-. As such, the income of the deceased for the purposes of determining the 'loss of dependency' would be Rs.29,29,500/- (16,275 x 12 x 15). 11. The claimants being the wife, children and parents, they would each be entitled to a sum of Rs.40,000/- towards “loss of consortium” i.e., in all Rs.2,00,000/- (40,000 X 5) and they would also be entitled to a sum of Rs.30,000/- under the “conventional heads”. 12. Thus, the claimants are entitled for a total compensation of Rs.31,59,500/- as against Rs.21,62,500/-, awarded by the Tribunal. 13. Since we fixed 20% negligence on the part of the deceased, a sum of Rs.6,31,900/- has to be deducted from Rs.31,59,500/-. Thus the claimants are entitled for a sum of - 12 - HC-KAR NC: 2026:KHC:28324-DB MFA No. 1897 of 2025 C/W MFA No. 8543 of 2024 Rs.25,27,600/- along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 15. The amount deposited before this Court shall be transmitted to the concerned Tribunal for disbursement in accordance with the award of the Tribunal. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE PKS/V List No.: 1 Sl No.: 22