- 1 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 3614 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 6893 OF 2024 (MV-D) IN MFA No. 3614/2024 BETWEEN: 1. SUNITA.B W/O CHANDRASHEKHARA M AGED ABOUT 24 YEARS, 2. DIMPANA C D/O CHANDRASHEKHARA M AGED ABOUT 3 YEARS, 3. KOUSALYA W/O LATE MANJAPPA AGED ABOUT 46 YEARS, APPELLANT NO. 2 IS THE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER APPELLANT NO. 1 ALL ARE R/O RANGAPURA VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK - 577 539. …APPELLANTS (BY SRI. R. SHASHIDHARA.,ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 AND: 1. THE DIVISIONAL MANAGER/ CONTROLLER , KSRTC DIVISION, SHIVAMOGGA DIVISION SUDO COMPLEX, VINOBA NAGARA, SHIVAMOGGA 577 204 2. THE CHAIRMAN INTERNAL INSURANCE FUND K S R T C DIVISION, SARIGE BHAVAN BENGALURU 560 094 …RESPONDENTS (BY SMT. NAYANSHREE. A.K, ADVOCATE FOR SRI. ASHOK NARAYAN NAYAK, ADVOCATE FOR R2; V/O DATED 12.09.2025, NOTICE TO R1 IS D/W) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2024 PASSED IN MVC NO. 1119/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6893/2024 BETWEEN: 1. B M BASAVARAJU S/O G. MADAPPA, AGED ABOUT 55 YEARS, 2. RATHNAMMA U W/O BASAVARAJU B.M, AGED ABOUT 51 YEARS, 3. B.R. DEEPA D/O B.M. BASAVARAJU, AGED ABOUT 22 YEARS, - 3 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 ALL ARE R/O MALENAHALLY VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526, ...APPELLANTS (BY SRI. R SHASHIDHARA.,ADVOCATE) AND: 1. THE DIVISIONAL MANAGER/CONTROLLER KSRTC DIVISION, SHIVAMOGGA DIVISION, SUDO COMPLEX, VINOBA NAGARA, SHIVAMOGGA - 577 204. 2. THE CHAIRMAN, INTERNAL INSURANCE FUND, K.S.R.T.C, DIVISION, SARIGE BHAVAN, BENGALURU - 560 094, ...RESPONDENTS (BY SMT. NAYANSHREE. A.K, ADVOCATE FOR SRI. ASHOK NARAYAN NAYAK, ADVOCATE FOR R1; R2-SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2024 PASSED IN MVC NO.1127/2022 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND AMACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR.JUSTICE T.M.NADAF - 4 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 ORAL JUDGMENT These two appeals by the claimants, assailing the common Judgment and Award dated 07.02.2024 in MVC.Nos.1119/2022 and 1127/2022 passed by the Senior Civil Judge, Additional Motor Accident Claims Tribunal, Holalkere1. 2. The parties are referred to as per their ranking before the Tribunal. 3. Heard Sri.R.Shashidhara, learned counsel appearing for the claimants in both the appeals and Smt.Nayanashree, learned counsel for Sri.Ashok Narayan Nayak, learned counsel for Corporation in both the appeals. 4. In an unfortunate accident occurred on 03.10.2022, both the rider and pillion of the motorcycle bearing KA-16/EQ-6413 and rider of the motorcycle bearing KA-16/EJ-9511, succumbed to the fatal injuries 1 'Tribunal' for short - 5 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 due to rash and negligent driving of KSRTC bus by its driver bearing registration No.KA.17/F-1669. The Tribunal after appreciation of evidence granted a sum of Rs.29,53,000/- as compensation in MVC.No.1119/2022 taking the income of Rs.15,000/- and age of the deceased as per the post-mortem at 28 years and applying '17' multiplier. 5. The Tribunal in MVC.No.1127/2022 awarded total compensation of Rs.24,41,000/- considering the income of Rs.15,000/- and deducting 50% towards personal expenses, as the deceased was a bachelor. 6. Sri.R.Shashidhara, with all vehemence submits that the Tribunal has failed to consider the Aadhaar card produced to show the date of birth of the deceased- Chandrashekhara.M in MVC.No.1119/2022, and accordingly to the document he was aged 24 years as on the date of accident. The Tribunal, despite the Aadhaar card was produced, however considered the age stated in - 6 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 the post-mortem report at '27' years and awarded compensation. As per the chart prepared by the KSLSA, fixing the income to the respective years for settlement of claims before the Lok Adalat, so far as for the year 2022, monthly income is fixed at Rs.15,500/-, same ought to have been considered in the absence of any proof of income. 7. Further, he submits that the Tribunal has not considered the case of the claimant in MVC.No.1119/2022 to award appropriate compensation under the head loss of consortium. There are 3 survivors to the deceased, who were claimants before the Tribunal. The Tribunal though considered the 10% escalation on the conventional head. However, awarded consortium only in respect of wife and not in respect of daughter and the mother of the deceased, and sought to allow the appeal. 8. Ms.Nayanashree, argued in support of the judgment contending that the Tribunal in the absence of - 7 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 age proof such as, birth certificate appropriately considered the age mentioned in the post-mortem report and awarded appropriate compensation, which does not call for any interference in both the cases and sought to dismiss both the appeals. 9. Having heard the rival submissions, this Court perused entire appeal papers as well as the Trial Court record. 10. The contention of Sri.Shashidhara, on age of the deceased basing on Aadhar card, does not hold any water, in view of latest judgment of the Hon'ble Supreme Court in SHISHUPAL ALIAS SHISH RAM AND OTHERS vs. SURJEETH AND OTHERS2, wherein it was held that Aadhar card cannot be considered as a proof of age. Accordingly, the contention on age is rejected. 11. However, this Court finds force in the argument of Sri.Shashidhara, that the Tribunal ought to have 2 2025 SCC Online SC 3473 - 8 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 considered the monthly income at Rs.15,500/- p.m., instead of Rs.15,000/- p.m., on consortium. 12. For the foregoing reasons, this Court proceeds to reassess the compensation, which is as under: IN MVC.No.1119/2022 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Towards loss of dependency 28,56,000-00 29,51,200-00 (Rs.15,500+40%x12x17 x2/3) 2. Towards funeral and transportation expenses 16,500-00 16,500-00 3. Towards loss of consortium 44,000-00 1,32,000-00 (Rs.40,000x3+10% escalation) 4. Towards loss of estate 16,500-00 16,500-00 5. Towards love and affection (P2 and P3) 20,000-00 - TOTAL 29,53,000-00 31,16,200-00 13. Accordingly, the claimants are entitled for enhanced compensation of Rs.1,63,200/- rounded off to Rs.1,64,000/- (Rs.31,16,200 - Rs.29,53,000) which shall carry interest at 6% p.a. from the date of petition till realisation. - 9 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 IN MVC.No.1127/2022 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Towards loss of dependency 22,68,000-00 23,43,600-00 (Rs.15,500+40%x12x18 x50%) 2. Towards funeral and transporation expenses 16,500-00 16,500-00 3. Towards parental consortium 80,000-00 1,32,000-00 (Rs.40,000x3+10% escalation) 4. Towards loss of estate 16,500-00 16,500-00 5. Towards love and affection (P1 to P3) 60,000-00 - TOTAL 24,41,000-00 25,08,600-00 14. Accordingly, the claimants are entitled for total enhanced compensation of Rs.67,600/- rounded off to Rs.67,600/- (Rs.28,08,600-Rs.24,41,000) which shall carry interest at the rate of 6% p.a., from the date of petition till realisation. 15. For the foregoing reasons, this Court proceeds to pass following: ORDER i. Both appeals by the claimants are allowed-in- part. - 10 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 ii. The common judgment and award dated 07.02.2024 in MVC.Nos.1119/2022 and 1127/2022 passed by the Senior Civil Judge, Additional Motor Accident Claims Tribunal, Holalkere, is modified and enhanced to Rs.1,64,000/- in MVC.No.1119/2022 and to Rs.68,000/- in MVC.No.1127/2022, which shall carry interest at 6% p.a. from the date of petition till realisation. iii. The respondent-Insurer shall deposit enhanced compensation in both the respective claim petitions within six weeks from the date of receipt of copy of this order, before the Tribunal. iv. Upon deposit, the entire compensation in MVC.No.1119/2022 shall be deposited in the name of minor Dimpana, in any interest - 11 - HC-KAR CNR: KAHC010300272024 NC: 2026:KHC:45613 MFA No. 3614 of 2024 C/W MFA No. 6893 of 2024 bearing FDR with any Nationalised Bank till she attains the age of majority. v. Upon deposit, the entire compensation in MVC.No.1127/2022, shall be disbursed in favour of Smt.Ratnamma, on proper identification. Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 30