- 1 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1136 OF 2020(MV-D) C/W MFA CROSS OBJECTION NO. 62 OF 2025(MV-D) IN MFA No. 1136/2020 BETWEEN: THE MANAGER KSRTC KSRTC, SIRSI DIVISION NOW REPRESENTED BY NORTH WESTERN KARNATAKA ROAD TRANSPORT CORPORATION CENTRAL OFFICE, HUBLI NOW REPRESENTED BY ITS CHIEF LAW OFFICER CENTRAL OFFICE HUBLI …APPELLANT (BY SRI. F.S. DABALI, ADVOCATE) AND: 1. RATHNAMMA @ NAGARATHNA W/O LATE GIRISH KUMAR AGED 35 YEARS, 2. DHANUSH G S/O LATE N GIRISH KUMAR AGED 17 YEARS, 3. LIKITH KIRAN S/O LATE N GIRISH KUMAR Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 AGED 15 YEARS, ALL ARE R/O, 362/1, 3RD CROSS, LAKE VIEW RESIDENCY, RAJANNA LAYOUT, HORAMAVU AGARA, BANGALORE-560 043 …RESPONDENTS (BY SRI. K.V. NAIK, ADVOCATE FOR R1-R3 (R2 & R3 ARE MINORS REPRESENTED BY R1)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 01.06.2019, PASSED IN MVC NO.7663/2018, ON THE FILE OF THE V-ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM., MEMBER, MACT, (SCCH-20), MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF RS.15,82,000/- WITH INTEREST AT THE RATE OF 9 PERCENT P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA.CROB NO. 62/2025 BETWEEN: 1. SMT. RATHNAMMA @ NAGARATHNA W/O LATE N. GIRISH KUMAR AGED ABOUT 41 YEARS, 2. DHANUSH. G S/O LATE N. GIRISH KUMAR AGED ABOUT 23 YEARS, 3. LIKITH KIRAN S/O LATE N. GIRISH KUMAR AGED ABOUT 21 YEARS, ALL ARE RESIDING AT NO.362/1, 3RD CROSS, LAKE VIEW RESIDENCY, RAJANNA LAYOUT, - 3 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 HORAMAVU AGARA, BENGALURU-560 043. ...CROSS OBJECTORS (BY SRI. K.V. NAIK, ADVOCATE) AND: THE MANAGAING DIRECTOR KSRTC, SHANTHINAGAR, DOUBLE ROAD, BENGALURU- 560 027. ...RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE ) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2019 PASSED IN MVC.NO. 7663/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, MEMBER, MACT, MAYO HALL UNIT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. While MFA.No.1136/2020 is by the KSRTC challenging saddling of liability on the KSRTC as well as on the quantum of compensation, MFA.Crob.No.62/25 is by the claimants seeking enhancement of compensation awarded vide judgment and - 4 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 award dated 01.06.2019 passed in MVC.No.7663/2018 by the Tribunal for the accidental death of N. Girishkumar. 2. The occurrence of the accident and the death of N.Girishkumar due to said accident are not in dispute. 3. The brief facts of the case are that on 18.07.2018 at about 5.30 p.m. in N.H.206 Road, Sagar Taluk, Shimoga, when the deceased, being an inmate of the car, along with his friends was returning from jog falls in their Maruti swift car bearing registration NO.KA-03-MU-5567, the KSRTC bus coming from the opposite direction driven in a rash and negligent manner, so as to endanger human life, collided with the swift car. As a result of the impact, the deceased sustained fatal injuries and succumbed to the same. 4. For the accidental death of N. Girishkumar, his legal heirs, filed claim petition in MVC.No.7663/2018 and the Tribunal has awarded total compensation of Rs.15,82,000/-. 5. Learned counsel for the KSRTC would contend that the Tribunal has grossly erred by attributing the entire negligence on the part of driver of the offending bus, despite the KSRTC - 5 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 adduced the evidence of RW.1 i.e., the driver of the offending bus and also the photographs at Ex.R1. He further contended that the driver of the KSRTC bus also lodged a complaint before the Deputy Superintendent of Police, Sagar, Shivamogga District on 19.07.2018 as per Ex.R3 stating that the accident had occurred due to the negligence of the driver of car, in which, deceased was an inmate. However, the said complaint has not been received by the jurisdictional police, as such, no case was registered against the driver of the car. He also contended that the deceased being the owner of the car and being the inmate of the car, for the negligence of the driver of the said car, the deceased was vicariously liable. As such, the Tribunal ought to have saddled the liability on the deceased also. Notwithstanding the above contention, he would contend that the Tribunal has erred in awarding exorbitant compensation under all the heads and also in awarding interest at 9%. Accordingly, he prays for allowing the appeal of the KSRTC. 6. Per contra, learned counsel for the claimants would contend that the Tribunal, upon appreciation of entire oral and - 6 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 documentary evidence, has rightly saddled the liability on the KSRTC. According to him, Ex.P4 - spot sketch and Ex.P3 - spot mahazar clearly reveal that the accident occurred due to the rash and negligent driving of the offending bus. Further, the accident occurred in a curve and the driver of the bus without observing the vehicle in the opposite direction, came in a rash and negligent manner and dashed against the car in which deceased was inmate. He would also contend that the Tribunal has erred in awarding meagre compensation under all the heads without properly considering the avocation, income of the deceased and other aspects. Accordingly, he prays for allowing of the cross objection by enhancing the compensation and dismissing the appeal of the KSRTC. 7. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 8. It is not in dispute that as a result of the motor vehicle accident which occurred on 18.07.2018, Girishkumar, a 38 year old died. - 7 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 9. A perusal of Ex.P3 - spot mahazar and Ex.P4 - spot sketch would reveal that the on Sagara Road in a curve, the driver of the car, in which the deceased was inmate, was driving the same from Thalaguppa towards Sagar, whereas the bus came from Sagar to Thalaguppa and due to head on collision of two vehicles, the accident occurred. On careful scrutiny, it is seen that the accident occurred on the extreme left side of the road in which the car was moving, whereas the KSRTC came from opposite that too in a curve on the extreme right side of the road and dashed against the car, even though there was sufficient place to pass through the curve. In such circumstances, it could be easily presumed that the accident occurred due to rash and negligent driving of the driver of the offending bus. Nevertheless, after investigation, the police laid charge sheet against the driver of the offending bus. The said charge sheet has not been challenged by the KSRTC. As such, I am of the considered view that the Tribunal was justified in attributing entire negligence on the driver of the KSRTC. 10. The Tribunal, on assessment of the evidence adduced before it, has come to the conclusion that the driver of the - 8 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 offending vehicle was responsible for the accident which has resulted in the death of N.Girishkumar. The Tribunal has thereafter proceeded to award the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of Dependency 15,12,000 2. Loss of Consortium 40,000 3. Funeral and obsequies ceremonies expenses 15,000 4. Loss of estate 15,000 Total 15,82,000 11. In order to arrive at the loss of dependency, the Tribunal has determined the monthly income, notionally at Rs.9,000/-. As there is no credible evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. - 9 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 12. Since the deceased was aged 38 year old and was self- employed. 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.17,500/-. 13. Since there are three dependents, 1/3rd requires to be deducted towards personal expenses, which would result in the income to be Rs.11,667/-.The income of the deceased for the purposes of determining the loss of dependency would thus be Rs.11,667/-. 14. As the deceased was aged 38 years, a multiplier of '15' would have to be applied. 15. Consequently, the claimants would be entitled to a sum of Rs.21,00,060/- (Rs.11,667/- x 12 x 15) towards “loss of dependency”. 16. The claimants, being the wife and two children, each would be entitled to a sum of Rs.48,400/- towards “loss of consortium” , in all Rs.1,45,200 and they would also be entitled to a sum of Rs.36,300/- under the “conventional heads”. - 10 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 17. Thus, the claimants, in modification of the impugned award, would be entitled to the following sums: Sl. No. Particulars Amount (In Rs.) 1. Loss of Dependency 21,00,060 2. Loss of Consortium 1,45,200 3. Conventional Heads 36,300 Total 22,81,560 18. Consequently, the claimant would be entitled for compensation of Rs.22,81,560 /- as against Rs.15,82,000/- awarded by the Tribunal, along with interest at the rate of 6% per annum instead of 9% p.a. from the date of petition till its realization. 19. The KSRTC is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. 20. The amount in deposit shall be transferred to the Tribunal. - 11 - HC-KAR CNR: KAHC010475762019 NC: 2026:KHC:37886 MFA No. 1136 of 2020 C/W MFA.CROB No. 62 of 2025 21. The apportionment of compensation shall be in terms of the award of the Tribunal. In the result, the cross objection of the claimants and the appeal of the KSRTC are allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 35