- 1 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.8050 OF 2018(MV-D) BETWEEN: THE DIVISIONAL MANAGER, MYSURU DIVISION, DEPOT NO.1, KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANNIMANTAP EXTENSION, MYSURU - 570 015. …APPELLANT (BY SRI. ASHOK KUMAR M., ADVOCATE) AND: 1. SRI. RAJEGOWDA, S/O LATE ANNEGOWDA, AGED ABOUT 53 YEARS, R/O ANKANAHALLI VILLAGE, SALIGRAMA HOBLI, K R NAGAR, MYSURU DISTRICT - 571 604. 2. SRI. M.E.MURTHY, S/O ERAIAH, AGED ABOUT 38 YEARS, R/O YELWALA VILLAGE, MYSURU TQ. DISTRICT - 570 015 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 (DELETED AS PER ORDER DATED 03.08.2016 BY COURT BELOW) …RESPONDENTS (BY SMT.PARINEETHA S CHANAL, ADVOCATE FOR R1; NOTICE TO R2 IS D/W VIDE ORDER DATED 13.12.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2018 PASSED IN MVC NO.403/2015 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MACT, MYSURU, AWARDING COMPENSATION OF RS.2,75,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the Divisional Manager, Karnataka State Road Transport Corporation (for short 'Corporation') against the judgment and award dated 28.04.2018 passed in MVC No.403/2015 by the Prl. Judge, Court of Small Causes and MACT., Mysuru (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 2. For the sake of convenience, the parties shall be referred to as per their ranking and status before the Tribunal. 3. Heard the arguments of learned counsel for both the parties and perused the materials on record. 4. Injured claimant met with an accident on 12.09.2012 and filed claim petition claiming compensation of Rs.12,60,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,25,000/- and the Corporation has paid Rs.50,000/- towards interim compensation and thus, directed to deposit Rs.2,75,000/- with interest at the rate or 8% per annum from date of petition till its realization. 5. Aggrieved by the said award, the appellant- Corporation preferred this appeal and mainly contended that there was no negligence of the driver of the bus and deceased Avvoyamma met with an accident as she came to the back side of the bus and dashed and the driver of - 4 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 the bus was not responsible. The Tribunal erred in holding that the accident occurred only due to negligence of the driver without ascertaining contributory negligence on her part. 6. It is further stated that claimant is a major son of the deceased and he is not entitled for compensation under the head 'loss of dependency'. Avvoyamma was aged 77 years at the time of accident. She has no capacity to earn and the multiplier applied is also wrong. Further, the Tribunal has erred in deducting 50% towards personal expenses of the deceased and thus, requested this Court to modify the order of the Tribunal. 7. Learned counsel for respondent No.1 also stated that deceased Avvoyamma was residing with her son and she was also doing flower business and agricultural work and was earning Rs.8,000/- to Rs.9,000/- per month. As per Ex.P-11 post mortem report, the age of deceased Avvoyamma was shown as 76 years - 5 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 and the Tribunal has taken relevant multiplier to the age group of above 65 years. 8. Learned counsel for the Corporation mainly contended that it cannot be said that claimant is depending on her income, as such, the amount granted by the Tribunal under the head 'loss of financial dependency' to an extent of Rs.2,25,000/- is to be cancelled. 9. Learned counsel for the respondent No.1 stated that deceased was also residing with the claimant at the time of the accident and contributing her income to the family. 10. Learned counsel for respondent No.1 filed a copy of the Ration Card to show that he is having two children. Claimant has not produced any evidence to show that his mother was working and earning and contributing the income to his family. As deceased was aged 76 years at the time of the accident, it cannot be said that he is dependent on her financial income and thus, he is not - 6 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 entitled for any amount under the head loss of dependency. 11. Considering the facts and circumstances of the case, the claimant is entitled for Rs.40,000/- towards loss of parental consortium as per the judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others1and also entitled for Rs.30,000/- under the Conventional Heads as per the judgment of Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd., v. Nanu Ram2. Hence, the total compensation is reduced from Rs.3,25,000/- to Rs.70,000/-. It is stated that the Corporation has already deposited Rs.50,000/- towards interim compensation and also deposited 50% of the compensation awarded by the Tribunal. Thus, the claimant is permitted to withdraw the amount of Rs.70,000/- with 1 (2017)16 SCC 680 2 (2018) 18 SCC 130 - 7 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 interest at the rate of 8% per annum and the balance amount is to be refunded to the Corporation. 12. Accordingly, I pass the following: ORDER (i) The appeal is partly allowed. (ii) The judgment and award dated 28.04.2018 passed in MVC No.403/2015 by the Prl. Judge, Court of Small Causes and MACT., at Mysuru is modified. (iii) The compensation of Rs.3,25,000/- awarded by the Tribunal is reduced to Rs.70,000/-. Therefore, the claimant is entitled for a compensation of Rs.70,000/- along with interest at 8% p.a., from the date of filing the petition, till its realization. (iv) Registry is directed to refund the balance amount to the appellant/Corporation. - 8 - HC-KAR NC: 2026:KHC:33109 MFA No. 8050 of 2018 (v) Registry to send a copy of the judgment to the concerned Tribunal and the trial Court records. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 2 Sl No.: 42