- 1 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4464/2025 (MV-D) BETWEEN: THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICES K.H. ROAD, SHANTHI NAGARA, BENGALURU-560 027 REP. BY ITS CHIEF LAW OFFICER &APPELLANT (BY KUMARI MEGHA M.S., ADVOCATE FOR SRI. S. RAJASHEKAR., ADVOCATE) AND: 1. SMT. ROOPA. R W/O GOPALA, AGED ABOUT 44 YEARS R/O. SUBBEGOWDANAPALYA, YADIYUR HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT-572 101. 2. SUMA R W/O UMESH C, AGED ABOUT 40 YEARS, R/AT.#12, 6TH CROSS, NEAR PUSPA BAR, RAJIVGANDHI NAGARA, LAGGERE, PEENYA SMALL INDUSTRIES, BENGALURU-560 058. &RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 (RESPONDENTS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2025 PASSED IN MVC NO.4620/2023 ON THE FILE OF THE XVIII ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, BENGALURU SCCH-4 AWARDING COMPENSATION OF RS.10,05,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/Managing Director of KSRTC under Section 173(1) of Motor Vehicles Act, 1988, to set aside the judgment and award dated 01.02.2025 passed in MVC No.4620/2023 on the file of the XVIII Additional Judge and ACJM, Court of Small Causes, Bengaluru. 2. Heard the arguments of the learned counsel for the appellant. Respondents are served and unrepresented. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 3. Smt.Gangamma met with an accident on 12.09.2021 and died. Married daughters of the deceased filed claim petition claiming compensation of Rs.50,00,000/- along with interest at 12% p.a., However, the Tribunal considering the entire evidence on record granted an amount of Rs.10,05,000/- along with interest at the rate of 6% p.a., from the date of petition till realization. 4. Aggrieved by the said order, KSRTC preferred this appeal and mainly contended that Smt.Gangamma as per the MLC record was 70 years, at the time of the accident. But the Tribunal erred in taking her age as 65 years and the multiplier was taken as 879 and her income was also wrongly taken as Rs.15,000/- per month. As per the MLC register, she was aged 75 years. Therefore, 1/3rd of the same is deducted towards her personal expenses and it is not proper. 5. The Tribunal granted an amount under the head 8Loss of love and affection9 and it is not correct. The - 4 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 amount granted by the Tribunal is excessive and thus requested this court to set aside the order. 6. In spite of service of notice, respondents remained ex parte. Though petitioner stated that as per MLC record, she was aged 70 years. The Tribunal relied upon the inquest and Post Mortem report and considered her age as 65 years and the multiplier was taken as 879 and it needs no interference. She has not filed any income proof. As the deceased met with an accident in the year 2021, her notional income was taken as Rs.15,000/- as per the chart prepared by Karnataka State Legal Services Authority and it is confirmed. 7. Hence, as the deceased Smt.Gangamma was married and is having two children, hence 1/3rd deduction is applicable towards personal expenses. Therefore, 1/3rd is rightly deducted by the Tribunal towards personal expenses. The loss of dependency comes to Rs.15,000 X 12 X 7 3 1/3rd = Rs.8,40,000 (12,60,000-4,20,000). The petitioner Nos.1 and 2 are married daughters of the - 5 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 deceased and each of them are entitled for an amount of Rs.44,000/- under the head parental consortium which is Rs.88,000/- and also entitled for Rs.33,000/- under conventional head as per the citation in case of National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017)16 SCC 680. 8. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is reduced from Rs. 10,05,000/- to Rs.9,61,000/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 8,40,000. 2 Towards loss of consortium (2 claimants) 88,000 3 Conventional heads 33,000 Total 9,61,000 - 6 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.02.2025 in MVC No.4620/2023 on the file of the XVIII Additional Judge and ACJM, Court of Small Causes, Bengaluru, is modified. iii. The claimants are entitled to a sum of to Rs.9,61,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.10,05,000/- granted by the Tribunal. iv. Insurance Company has already deposited 50% of the awarded amount before the tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.4,58,500/- along with the interest at the - 7 - HC-KAR NC: 2026:KHC:1971 MFA No. 4464 of 2025 rate of 6% within one month from the date of this order. v. On such deposit, both the petitioners as they are only dependents, though they are married are permitted to withdraw the entire compensation equally along with interest accrued on the same. vi. The statutory amount deposited before this court is to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 65