- 1 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 471 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 469 OF 2015 (MV-D) MISCELLANEOUS FIRST APPEAL NO. 7231 OF 2016 (MV-D) IN MFA No. 471/2015 BETWEEN: THE DIVISIONAL CONTROLLER DIVISIONAL OFFICE, KSRTC, CHIKMAGALUR ALL NOW THROUGH, CHIEF LAW OFFICER, KSRTC, BANGALORE. …APPELLANT (BY SRI. NAGARAJA K., ADVOCATE) AND: 1. SRI C.K.UMESH DEAD BY LRS 1(A) SMT LAKSHMAMMA W/O LATE UMESH C.K AGED ABOUT 51 YEARS, 1(B) SRI. MOHAN C.U Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 S/O UMESH CK, AGED ABOUT 25 YEARS, 1(C) SRI. YOGESHA C.U. S/O C.K.UMESH, AGED ABOUT 24 YEARS 1(D) SRI. PARAMESHA C.U S/O UMESH C.K AGED ABOUT 22 YEARS ALL R/AT NO.295, GUNDAPPA STREET, OPP. MUNICIPALITY HOSPITAL, CHIKMAGALUR. [AMENDED AS PER COURT ORDER DATED 21.07.2022] 2. SRI MURALIDHAR S.R S/O LATE S.C.RANGAPPA AGED ABOUT 48 YEARS, R/AT SAKRYAPATNA, KADUR TQ, DRIVER OF THE KSRTC BUS NO. KA-18-F-295, B.NO.3819, KADUR DEPOT - 577 548. 3. SRI JABIULLA S/O ABDUL SAMAD, AGED ABOUT 44 YEARS, R/AT KUSHALANAGARA, SAKALESHPURA, HASSAN DISTRICT - 573 134, DRIVER OF THE LORRY. 4. SRI. SAMIULLA, S/O SRI. ABDUL SAMAD, - 3 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 AGED ABOUT 32 YEARS, R.C.HOLDER OF LORRY BEARING NO. KA-46-3497, R/AT KUSHALANAGARA EXTN., SAKALESHPURA TALUK, HASSAN DISTRICT 573 134. 5. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, S.S.COMPLEX, SUBASH STORES, HASSAN - 573 201. …RESPONDENTS (BY SRI. C SHANKARA REDDY., ADVOCATE FOR R5; R2-MURALIDHAR S R- SD V/O DTD 20.03.2017, NOTICE TO R3 D/W V/O DTD 23.10.17 SERVICE OF NOTICE TO R4 H/S (R4- SAMIULLA) V/O DTD 22.1.24 NOTICE TO R1 (A TO D) IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2014 PASSED IN MVC NO.192/2013 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE, MEMBER, MACT, CHIKMAGALUR, AWARDING COMPENSATION OF Rs.24,100/- WITH INTEREST @ 7% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 469/2015 BETWEEN: 1. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, CHIKMAGALUR DIVISION, - 4 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 CHIKMAGALUR, BY THE MANAGING DIRECTOR, ALL NOW THROUGH CHIEF LAW OFFICER, KSRTC, BANGALORE. ...APPELLANT (BY SRI. NAGARAJA K., ADVOCATE) AND: 1. SMT K B HEMAVATHI W/O SRI N N SHANKARAPPA AGED ABOUT 49 YEARS 2. SRI VINOD S/O N N SHANKARAPPA AGED ABOUT 23 YEARS 3. SRI RAJKUMAR S/O N N SHANKARAPPA AGED ABOUT 22 YEARS ALL ARE R/AT NIDAGHATTA VILLAGE & POST, KADUR TALUK CHIKMAGALUR DISTRICT- 577 101. 4. SRI MURALIDHAR S R S/O LATE S C RANGAPPA AGED ABOUT 48 YEARS R/AT SAKRYAPATNA, KADUR TQ DRIVER OF THE KSRTC BUS NO.KA-18-F-295 B NO.3819, KADUR DEPOT- 577 548. 5. SRI B N MAHESH - 5 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 S/O B S NANJUNDEGOWDA AGED MAJOR R/AT GIRI NILAYA, NO.214 VIVEKANAGARA, HASSAN- 573 201. 6. THE MANAGER THE ORIENTAL INSURANCE CO LTD., DIVISIONAL OFFICE, S S COMPLEX, SUBASH STORES HASSAN- 573 201. 7. SRI SAMIULLA S/O SRI ABDUL SAMAD AGED ABOUT 32 YEARS R C HOLDER OF LORRY BEARING NO.KA-46-3497 R/AT KUSHALANAGARA EXTN., SAKALESHPURA TALUK HASSAN DISTRICT- 573 201. ...RESPONDENTS (BY SRI. CHETAN B, ADVOCATE FOR R1-R3; SRI. C SHANKAR REDDY FOR R6; V/O DTD 9.3.2015, NOTICE TO R4 AND R5 D/W V/O DTD 24.10.2017, SERVICE OF NOTICE TO R7 SAMIULLA H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2014 PASSED IN MVC NO.92/2013 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE AND MMACT, CHIKMAGALUR, AWARDING COMPENSATION OF RS.17,76,350/- WITH INTEREST @ 7% P.A FROM THE DATE OF PETITION TILL THE DATE OF ITS REALIZATION. - 6 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 IN MFA NO. 7231/2016 BETWEEN: 1. SMT K B HEMAVATHI W/O LATE N.N. SHANKARAPPA AGED ABOUT 51 YEARS 2. VINOD S/O LATE N.N. SHANKARAPPA AGED ABOUT 25 YEARS 3. RAJKUMAR S/O LATE N.N. SHANKARAPPA AGED ABOUT 24 YEARS ALL ARE RESIDENT OF NIDAGHATTA VILLAGE AND POST, KADUR TALUK- 577 548, CHIKAMAGALUR. ...APPELLANTS (BY SRI. CHETHAN B., ADVOCATE) AND: 1. THE MANAGER KSRTC, CHIKMAGALUR DIVISION, CHIKMAGALUR-577 548. 2. MURALIDHAR S.R, S/O LATE S.C. RANGAPPA AGED ABOUT 50 YEARS, RESIDENT SAKRYAPATNA KADUR TALUK- 577 548. - 7 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 3. B N MAHESH S/O B.S. NANJUNDEGOWDA, MAJOR, RESIDENT OF GIRINILAYA, NO.214, VIVEKANAGARA, HASSAN- 573 201. 4. THE MANAGER THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, S.S. COMPLEX, SUBASH STORES, HASSAN- 573 201. 5. SAMIULLA S/O ABDUL SAMAD, AGED ABOUT 34 YEARS RESIDENT OF KUSHALANAGARA EXTENSION, SAKLESHPURA TLAUK- 573 134, HASSAN. ...RESPONDENTS (BY SRI. K NAGARAJA., ADVOCATE FOR R1; V/O D 20.01.21 NOTICE TO R2, R3 AND R5 IS D/W; C SHANKARA REDDY, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2014 PASSED IN MVC NO.92/13 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT JUDGE & MMACT, CHIKMAGALUR, 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: - 8 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT As these three appeals are arising out of the same accident against the judgment and award of the Tribunal, they are heard together and disposed of by this common judgment. 2. For the sake of convenience, the parties are referred to as they are referred to in the claim petitions before the Tribunal. 3. MFA No.471/2015 and MFA No.469/2015 are filed by the Divisional Controller, Karnataka State Road Transport Corporation (for short 'KSRTC'), is filed by them disputing the entire negligence fixed upon them by the Tribunal and MFA No.7231/2016 is filed by the claimants for enhancement of compensation, arising out of the same accident. Common order is passed by the II Additional District Judge and MMACT, at Chikmagalur (for short - 9 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 'Tribunal') in MVC No.191/2013 and 192/2013 dated 10.10.2014. 4. Heard the arguments of both the learned counsel. 5. Brief facts of the case are that, on 26.08.2012 at about 10.30 p.m. while petitioners were traveling in a KSRTC bus bearing Reg. No.KA-18-F-295, it was driven by 1st respondent driver of the bus. It is stated that he has driven it in a rash and negligent manner and dashed the lorry loaded with timber bearing Reg.No.KA-46-3497 parked on the road side on Hassan-Belur Road, near a Daba at Kuppalli. Charge sheet is filed against the driver of the KSRTC bus. As such, the Tribunal held the driver and Divisional Controller, KSRTC are liable to pay entire compensation. Aggrieved by the said order, these appeals are preferred by the KSRTC and also by the claimants. 6. Learned counsel appearing for KSRTC mainly contended that they have examined the driver as RW.1. - 10 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 There was no negligence on his part. Lorry was parked on the middle of the road without any parking lights and red flag. Complaint was filed against both the vehicles but the FIR was registered only against the driver of the bus and the charge sheet is also filed against them. Lorry was loaded with timber, accident occurred at about 10.30 p.m. There was no parking lights. The Tribunal should have assessed the contributory negligence. 7. Learned counsel appearing for the owner of the lorry contended that as the charge sheet is already filed against the driver of the KSRTC, they are not liable to pay compensation and the order of the Tribunal needs no interference on that aspect. 8. Considering the above manner of accident, this Court finds it reasonable to extract Section 15, Rules of the Road Regulations, 1989, which reads as follows: "15. Parking of the vehicle.-(l) Every driver of a motor vehicle parking on any road shall park in such a way that it does not cause or is not likely to cause danger, obstruction or undue inconvenience to other road users and the manner of - 11 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 parking is indicated by any sign board or markings on the road side, he shall park his vehicle in such manner. (2) A driver of a motor vehicle shall not park his vehicle:- (i) at or near a road crossing, a bend, top of a hill or a humpbacked bridge; (ii) on a foot-path; (iii) near a traffic light or pedestrian crossing; (iv) in a main road or one carrying fast traffic; (v) opposite another parked vehicle or as obstruction to other vehicle; (vi) alongside another parked vehicle; (vii) on roads or at places or roads where there is a continuous white line with or without a broken line; (viii) near a bus stop, school or hospital entrance or blocking a traffic sign or entrance to a premises or a fire hydrant; (ix) on the wrong side of the road; (x) where parking is prohibited; (xi) away from the edge of the footpath." 9. Admittedly, the timber lorry was parked, by the side of NH Road without any parking lights and the accident occurred after 10.00 pm. The Tribunal observed that the driver of the KSRTC is having headlights and he might have noticed the lorry in the said lights and avoided - 12 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 the accident but he has driven the vehicle in uncontrollable manner and dashed, as such, entire negligence is on the driver of the KSRTC. And it was also further observed that the front portion of the KSRTC bus was badly damaged due to the high impact of the vehicle. Therefore, considering the said observation of the Tribunal and also the parking of the lorry on the NH road, which is prohibited, this Court finds it reasonable to fix up the contributory negligence of both the vehicles as 50% to each of them. 10. MFA No.7231/2016 is filed against the judgment and award of the Tribunal in MVC 92/2013 dated 10.10.2014. One N.N.Shankarappa was travelling in the said bus on 26.08.2012, met with an accident and died. Subsequently, his wife and children filed claim petition claiming compensation of Rs.20,00,000/-. Tribunal granted Rs.17,76,350/- with interest at the rate of 7% per annum from the date of petition till its realization. Aggrieved by the said order, this appeal is preferred by - 13 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 the claimants and they mainly contended that future prospects were not added and inadequate compensation was granted to them. The amount granted under other conventional heads is meagre and requested for enhancement of the compensation. N.N.Shankarappa was a conductor in KSRTC bus for last 25 years and earning Rs.20,405/- per month as per Ex.P.9-Pay slip filed before the Court. 11. Learned counsel appearing for the Insurance Company contented that he is not entitled for Rs.2,770/- towards overtime charges as they will not attend the overtime work on each and every day of the month and *Rs.200/- is to be deducted towards the professional tax. This Court finds it reasonable to take his salary at Rs.17,435/- after deducting said amounts for the purpose of calculation and he was aged 55 years and the multiplier is to be taken as '11'. He is a permanent employee and *15% is to be added towards future prospects and 1/3rd is to be deducted towards personal expenses. The loss of *Corrected vide Court order dt. 24.02.2026. - 14 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 dependency comes to *Rs.17,64,422/- (Rs.17,435/- + *15% x 12 x 11 - 1/3). 12. This Court finds that, 1st petitioner is wife of the deceased and she is entitled for Rs.40,000/- towards 'spousal Consortium'. Petitioner Nos. 2 and 3 are entitled for Rs.40,000/- each towards 'Parental Consortium' and all of them are entitled for Rs.30,000/- under the 'conventional heads', as per the guidelines of the Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1. 13. Thus in all, compensation awarded by this Court is as below, Loss of Dependency : Rs. *Rs.17,64,422/- Towards spousal consortium : Rs. 40,000/- Towards parental consortium : Rs. 80,000/- Towards Conventional heads : Rs. 30,000/- TOTAL : Rs. *19,14,422/- 1 (2017) 16 SCC 680 *Corrected vide Court order dt. 24.02.2026. - 15 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 14. Hence, the appellants-claimants are entitled for a total compensation of *Rs.19,14,422/- from Rs.17,76,352/- along with interest at the rate of 6% per annum from date of petition till realization. 15. In the result, the following order is passed: ORDER i. MFA No.471/2015 and MFA No.469/2015 are allowed in part and MFA No.7231/2016 is allowed. ii. The judgment and award dated 10.10.2014 passed in * MVC Nos.192/2013 and MVC No.92/2013 by the II Additional District Judge and MMACT, Chikmagalur, is modified. iii. The claimants are entitled for a sum of *Rs.19,14,422/- along with interest at 6% p.a. instead of Rs.17,76,350/- granted by the Tribunal, from the date of petition till the date of realization. iv. The KSRTC has deposited *60% of the compensation. * Excess amount shall be refunded to the KSRTC. *Corrected vide Court order dt. 24.02.2026. - 16 - HC-KAR NC: 2026:KHC:5858 MFA No. 471 of 2015 C/W MFA No. 469 of 2015 MFA No. 7231 of 2016 v. The owner of the lorry is also directed to deposit 50% of the same within one month from the date of this order. vi. On such deposit, the claimants are permitted to withdraw the entire amount. As petitioners' No.2 and 3 are major sons of the deceased not depending on him, this Court finds it reasonable to permit the 1st petitioner alone to withdraw the entire amount along with interest accrued on it. vii. Insurance amount already deposited is to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 59