- 1 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2817 OF 2023 (MV-D) C/W MISCELLANEOUS FIRST APPEAL No. 3306 OF 2023 (MV-D) IN MFA No. 2817/2023 BETWEEN: 1. RATHNAMMA W/O LATE SHIVAMALAPPA N M AGED ABOUT 58 YEARS 2. MALLESHAPPA S/O LATE SHIVAMALLAPPA N M AGED ABOUT 42 YEARS. 3. MAHADEVASWAMY S S/O LATE SHIVAMALLAPPA N M AGED ABOUT 37 YEARS. APPELLANT No.1 TO 3 ARE R/A NELLIGERE VILLAGE(DODDABOOVALLI) KIRAGAVALU HOBLI MALAVALLI TQ MANDYA DISTRICT-571 430. 4. SHASHIKALA W/O B MAHADEVA D/O LATE CHOWDAIAH Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 AGED ABOUT 48 YEARS R/A POLICE QUARTERS, 14TH WARD GUNDLUPETE TOWN AND TALULK CHAMARAJANAGARA DISTRICT-571 441. 5. BHARATHI W/O NINGARAJU AGED ABOUT 39 YEARS R/A M SHETTAHALLI VILLAGE MUGURU HOBLI T NARASIPURA TQ MYSORE DISTRICT-570 031. 6. N S SATHYAVATHI W/O SHIVASWAMY AGED ABOUT 35 YEARS R/A MATADA BEEDI HOSAMALANGI VILLAGE CHAMARAJANAGARA TQ AND DISTRICT-571 441. …APPELLANTS (BY SRI SREENIVASAN M Y, ADVOCATE) AND: 1. DIVISIONAL CONTROLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF KSRTC K H DOUBLE ROAD, SHANTHINAGAR BENGALURU - 560 027. …RESPONDENT (BY SRI G.LAKSHMEESH RAO, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2022 PASSED IN MVC No.2016/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 IN MFA No. 3306/2023 BETWEEN: 1. THE DIVISIONAL CONTROLLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC BUS No.KA-11-F-0307, K.H. DOUBLE ROAD SHANTHI NAGAR BANGALORE-560 027. REP BY ITS CHIEF LAW OFFICER KSRTC CENTRAL OFFICES K.H.ROAD, BANGALORE-560 027. ...APPELLANT (BY SRI G LAKSHMEESH RAO, ADVOCATE) AND: 1. SMT. RATHNAMMA W/O. LATE SHIVAMALLAPPA.N.M AGED ABOUT 58 YEARS R/O. NELLIGERE VILLAGE (DODDABOOVALLI) KIRUAGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT PIN.571 401. 2. SRI. MALLESHAPPA S/O. LATE SHIVAMALLAPPA.N.M AGED ABOUT 42 YEARS R/O. NELLIGERE VILLAGE (DODDABOOVALLI), KIRUAGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT - PIN.571 401. 3. SRI.MAHADEVASWAMY.S, W/O. LATE SHIVAMALLAPPA.N.M, - 4 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 AGED ABOUT 37 YEARS R/O. NELLIGERE VILLAGE (DODDABOOVALLI) KIRUAGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT – PIN:571 401. 4. SMT. SHASHIKALA W/O.B.MAHADEVA AGED ABOUT 48 YEARS R/O. POLIE QUARTERS 14TH WARD, GUNDLUPETE TOWN AND TALUK CHAMARAJANAGARA DISTRICT- PIN:571 111. 5. SMT.BHARATHI W/O. SRI.NINGARAJU AGED ABOUT 39 YEARS R/O.M.SHETTAHALLI VILLAGE MUGURU HOBLI T.NARSIPURA TALUK MYSORE DISTRICT - PIN:571 124. 6. SMT.N.S.SATHYAVATHI W/O. SHIVASWAMY AGED ABOUT 35 YEARS R/O. MATADA BEEDI HOSAMALANGI VILLAGE CHARAMARAJANAGARA TALUK AND DISTRICT - PIN:571 442. ...RESPONDENTS (BY SRI. SREENIVASAN M Y, ADVOCATE FOR R1 TO R6) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2022 PASSED IN MVC No.2016/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, AWARDING COMPENSATION OF Rs.9,27,000/- WITH INTEREST AT 9 PERCENT P.A. ON THE COMPENSATION AMOUNT FROM THE DATE OF FILING OF PETITION, TILL ITS ENTIRE REALIZATION. - 5 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 THESE APPEALS, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.2817/2023 is filed by claimants seeking enhancement of compensation and MFA No.3306/2023 is filed by the corporation challenging the liability saddled in the judgment and award dated 07.11.2022 passed in MVC No.2016/2019 by Senior Civil Judge and MACT, Malavalli. 2. The facts leading to filing of the claim petition are as under: That on 06.10.2019 at about 04.45 p.m., the deceased –Shivamallappa N.M., was crossing the Maddur - Malavalli main road near to Nelamakanahalli Gate from right side towards left side of the road in order to go to the place where his motorcycle was parked on the left side of the road. At that point of time, the driver of the KSRTC bus bearing registration No.KA-11/F-0307 coming from Maddur towards Malavalli side driven the same in a rash and negligent manner in high speed and dashed against - 6 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 the deceased and caused the accident. Due to which Shivamallappa N.M. has sustained grievous injuries on his head, left eye, left eyebrow and other parts of the body. He was taken to Government Hospital for treatment and subsequently shifted to the other hospital and he succumbed to the injuries. b) The respondent -corporation filed objections denying the entire petition averments, income, occupation, liability etc. It also denied that the accident occurred due to the rash and negligent driving of the driver of the bus. 3. On basis of the above pleading, the Tribunal has framed the following issues: 1. Whether the petitioners prove that, he has sustained grievous injuries in a motor vehicle accident that occurred on 16.10.2019 at about 4.45 p.m., on Maddur-Malavalli Road, near Nelamakanahalli Gate, within the limits of Malavalli Traffic Police Station on accound of rash and negligent driving on the part of the driver of KSRTC buss bearing No.KA-11-F-F0307 ? - 7 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 2. Whether the petitioners are entitled for compensation ? If so, to what extent and from whom? 3. What order or award?” a) Claimant No.3 has been examined as P.W.1 and got marked documents as Ex.P1 to 8. One witness has been examined as P.W.2. The respondent examined the driver of the bus as R.W.1 and got marked documents as Ex.R1 to 3. b) The Tribunal after hearing the arguments on both sides and appreciating the evidence on record has answered Issue No.1 in the affirmative, Issue No.2 partly in the affirmative and awarded the compensation under the different heads as under: 1. Loss of dependency Rs.6,30,000/- 2. Funeral Expenses Rs.16,500/- 3. Loss to estate Rs.16,500/- 4. Loss of spousal consortium to the petitioner No.1 Rs.44,000/- 5. Loss of parental Consortium to the petitioners No.2 and 6 (Rs.44,000/- each) Rs.2,20,000/- - 8 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 c) The Tribunal has also awarded interest at the rate of 9% per annum from the date of petition till realisation. The Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the bus, saddled entire liability on the part of the driver and directed the respondent -corporation to pay the entire compensation amount. Claimants have filed appeal seeking enhancement of compensation and respondent – corporation filed appeal challenging the liability saddled on it. 4. Heard learned counsel for claimants and learned counsel for respondent –corporation. 5. Learned counsel for the respondent – corporation would contend that the deceased was crossing the road and on seeing him bus driver has applied break and there are break marks on the spot. The said break marks are marked in Ex.P4 –Spot Mahazar and sketch enclosed with it. Considering the said aspect, there is negligence on the part of the deceased also. Without - 9 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 considering the same, the Tribunal has erred in saddling the entire liability on the corporation. With these, he prays to allow the appeal. 6. Learned counsel for claimants would contend that crossing of road by the deceased is clearly visible to bus driver. The charge sheet has been filed against the driver of the bus. There is no negligence on the part of the deceased. Considering the said aspect, the Tribunal has rightly held that bus driver is negligent in driving the bus which caused accident and death of the deceased. He further submits that he will not press appeal seeking enhancement of the compensation. 7. Having heard learned counsels, the Court has perused judgment, award and trial court records. 8. Considering the grounds urged by learned counsels, the following point arise for consideration: i) Whether the Tribunal was justified in saddling the liability on respondent – Corporation? - 10 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 The accident occurred on 16.10.2019 at 04.45 p.m. The deceased was crossing the road from right side towards the left side, at that time, KSRTC bus bearing registration No.KA-11/F-0307 came from Maddur towards Malavalli side and dashed to the deceased. As a result of which the deceased died on the way to the hospital. The police have registered the case and after investigation filed charge sheet against the driver of the bus. On the perusal of Ex.P3 –Spot Mahazar and sketch enclosed to the said Mahazar there is mention of break marks on the spot of the accident. Considering the said aspect, it is clear that the driver of the bus on seeing the deceased has applied brake in order to save the accident. In spite of that, bus has dashed to the deceased. Considering the said aspect, there is also negligence on the part of the deceased in crossing the road which resulted in the accident. Merely because filing of the charge sheet against the driver of the bus is not a ground alone to hold that the driver of the bus is liable to the entire accident and the cause of - 11 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 accident. Considering the said aspect, the deceased has also contributed to the accident and his contributory negligence is assessed at 20% and the negligence of the driver of the bus is assessed at 80%. In view of the same, the above point is answered accordingly. 9. Considering the above aspects, claimants are entitled to 80% of the award amount and respondent - corporation is liable to pay 80% of the compensation with interest to claimants. 10. In view of the above, the following ORDER i) MFA No.2817/2023 filed by claimants is dismissed. ii) MFA No.3306/2023 filed the respondent – corporation is allowed in part. iii) The entire liability saddled on the respondent - corporation is modified. - 12 - HC-KAR NC: 2026:KHC:31005 MFA No. 2817 of 2023 C/W MFA No. 3306 of 2023 iv) The respondent -corporation is liable to pay 80% of the compensation awarded with interest to the claimants. v) The amount in deposit is ordered to be transmitted to the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 32