- 1 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6316/2024 (MV-D) BETWEEN: DIVISIONAL CONTROLLER K.S.R.T.C. MYSURU BRANCH, BANNIMANTAPA, (MYSURU DEPOT), MYSURU DISTRICT-570 001. (OWNER OF BUS BEARING REG. NO.KA-09/F-5234) NOW REPRESENTED BY IT'S CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE, SHANTHINAGARA, K.H. ROAD, BENGALURU-560 027. …APPELLANT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) AND: 1. CHIKKANNA S/O LATE NANJAPPAIAH, AGED ABOUT 53 YEARS. 2. PUNITH KUMAR A.C. S/O CHIKKANNA, AGED ABOUT 29 YEARS. 3. LOKESHWARI A.C. D/O CHIKKANNA, AGED ABOUT 27 YEARS. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 RESPONDENT NO.1 TO 3 ARE R/AT ATTIGANAHALLI VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434. …RESPONDENTS (BY SRI. KENCHEGOWDA B M., ADVOCATE FOR R1 TO R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.06.2023 PASSED IN MVC NO.686/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, AWARDING COMPENSATION OF RS.22,95,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT IA No.1/2025 is filed by the Insurance Company for receiving of the copy of the identity card, Aadhar Card and Pan Card issued in the name of Kanthamma, as they disputed the date of birth of the deceased Kanthamma. This court finds it reasonable to receive the said documents. 2. On perusal of the documents, it reveals that Kanthamma was born on 01.01.1972, as per the endorsement in the Pan Card. - 3 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 3. Common award was passed by the Tribunal in MVC No.685 and 686 of 2021 and this appeal is filed to set aside the award passed in MVC No.686/2021 dated 13.06.2023 filed by the respondent/KSRTC 4. Brief facts of the case are that the Kanthamma met with an accident on 24.01.2021 and died subsequently. Her husband and children filed claim petition claiming compensation of Rs.45,60,000/-. The tribunal considering the entire evidence on record granted an amount of Rs.22,95,000/- with interest at the rate of 6% p.a., from date of petition till realisation. 5. Aggrieved by the said award, Insurance Company preferred this appeal and mainly contended that age of the petitioner was shown as 40 years as per Ex.P6/post mortem report. Her elder son is aged 26 years and her husband is aged 50 years. They had not produced aadhar card, voter ID card or pan card. However, her date of birth as shown in the above documents is 01.01.1972. Therefore, her age is to be taken as 49 years and the - 4 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 multiplier as 13. Hence, requested for modification of the orders and the material documents are not available before the Tribunal, the Tribunal considered the age of the deceased as per post mortem report. But the Insurance Company filed the copy of the Pan Card in which the date of birth of Kanthamma was mentioned as 01.01.1972 and she met with an accident on 24.01.2021. As such, she was aged 49 years and the multiplier is to be taken as 13. 6. Though it is stated that she was earning Rs.25,000/- per month, by doing milk vending business and flower business and earning Rs.35,000/- per month, she has not filed any income proof. As she met with an accident in the year 2021, her notional income is to be taken as Rs.15,000/-as per the chart prepared by Karnataka State Legal Services Authority. She is entitled for 25% towards future prospects and 1/3rd is to be deducted towards personal expenses. The loss of dependency comes to Rs.18,750/- (15,000 + 25%) -1/3rd x 12 x 13 = Rs.19,50,000/-. Petitioner No.1 is entitled - 5 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 for spousal consortium of Rs.44,000/-Petitioner Nos.2 and 3 are entitled for an amount of Rs.44,000/- by each of them towards parental consortium. They are also entitled for Rs.33,000/- under the conventional heads. Hence, the compensation granted by tribunal is reduced from Rs.22,95,000/- to Rs.21,15,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award in MVC No.686/2021 dated 13.06.2023 on the file Sl.Nos. Particulars Amount in Rs. 1 Towards loss of dependency 19,50,000 2 Towards loss of consortium (3 claimants) 1,32,000 3 Conventional heads 33,000 Total 21,15,000 - 6 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 of the Senior Civil Judge and MACT, Pandavapura, is modified. iii. The claimants are entitled to a sum of Rs.21,15,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 22,95,000/- granted by the tribunal. iv. Insurance company already deposited Rs.25,000/- of the compensation awarded by the tribunal therefore they are directed to deposit the balance compensation of Rs.20,90,000/- along with interest at the rate along with interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner Nos.1 to 3 are permitted to withdraw the entire amount along with interest accrued on it equally. - 7 - HC-KAR NC: 2026:KHC:6911 MFA No. 6316 of 2024 vi. The amount already in deposit is to be transferred to MACT. vii. On 13.12.2024, the delay of 345 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 96