- 1 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO.4980 OF 2024 (MV-D) C/W M.F.A. NO.1406 OF 2024 (MV-D) IN MFA NO. 4980/2024 BETWEEN: THE MANAGING DIRECTOR K.S.R.T.C. DEPT. SHANTHINAGARA, K H ROAD BENGALURU-560027 REP. BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. D VIJAYAKUMAR, ADV.) AND: 1. SMT. G MANORAMA W/O D P SHIVARAM AGED ABOUT 48 YEARS, 2. SRI D P SHIVARAM S/O LATE D M PUTTASWAMY AGED ABOUT 57 YEARS, BOTH ARE R/AT RAJA RAO ROAD J C EXTENSION, KANAKAPURA TOWN AND TALUK RAMANAGARA DISTRICT-562117. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 3. SRI SHASHIKUMAR S/O SANNANINGE GOWDA AGED ABOUT 34 YEARS, R/AT NO.1106, 1ST FLOOR, BSK 3RD STAGE, POORNA ROAD BANGALORE-560085 (RC OWNER OF MOTOR CYCLE BEARING REG NO.KA-05-JY-9403). 4. THE ORIENTAL INSURANCE COMPANY LTD., OFFICE AT DAB-2 NO.44, SHRI CHAMUNDESHWARI COMPLEX NEXT TO KAMAKYA THEATRE OPP. 13TH BMTC DEPOT BANGALORE-560085 MANAGER. …RESPONDENTS (BY SMT. V NITHYA, ADV. FOR R1 AND R2 SRI MOHAN PRASAD, ADV. FOR R4 NOTICE TO R2 D/W) THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2023 PASSED IN MVC NO. 1731/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGLAURU (SCCH-25), AWARDING COMPENSATION OF RS. 29,74,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT AND INTEREST. IN MFA NO. 1406/2024 BETWEEN: 1. SMT. G. MANORAMA W/O D P SHIVARAM AGED 48 YEARS, - 3 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 2. SRI D P SHIVARAM S/O LATE D M PUTTASWAMY AGED 57 YEARS, BOTH ARE R/AT RAJA RAO ROAD, J C EXTENSION, KANAKAPURA TOWN AND TALUK RAMANAGARA DIST-562117. ...APPELLANTS (BY SMT. V NITHYA, ADV.) AND: 1. THE MANAGING DIRECTOR KSRTC DEPT., SHANTHINAGAR, K H ROAD BENGALURU-560027. 2. SRI SHASHIKUMAR S/O SANNANINGE GOWDA AGED 34 YEARS, R/AT NO.1106, 1ST FLOOR, BSK 3RD STAGE, POORNA ROAD BANGALORE-560085. 3. ORIENTAL INS CO. LTD., OFFICE AT DAB-2 NO.44, SHRI CHAMUNDESHWARI COMPLEX, NEXT TO KAMAKYA THEATRE, OPP. 13TH BMTC DEPOT BANGALORE-560085. ...RESPONDENTS (BY SRI. D VIJAYA KUMAR, ADV. FOR R1 SRI MOHAN PRASAD, ADV. FOR R3 V/O DATED 10.07.2025 NOTICE TO R2) THIS APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.12.2023 PASSED IN MVC NO.1731/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGLAURU, (SCCH-25), - 4 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The claimants as well as the owner of the offending vehicle, i.e. Karnataka State Road Transport Corporation (for short ‘Corporation’) are in appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘the Act’) against the judgment and award dated 04.12.2023 in MVC No. 1731/2021 on the file of XXIII Additional Small Causes Judge and MACT, Court of Small Causes, Bengaluru (for short ‘Tribunal’). The claimants-appellants in MFA No. 1406/2024 are before this Court, not being satisfied with the quantum of compensation awarded by the Tribunal with a prayer to enhance the same. Whereas, the Corporation is in appeal in MFA No. 4980/2024 - 5 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 questioning the negligence attributed to its vehicle as well as questioning the compensation granted to the claimants. 2. The brief facts of the case are that the parents of the deceased, i.e. claimants herein filed a claim petition under Section 166 of the Act seeking compensation for the accidental death of their daughter, Late Kum. Monika S in a motor vehicle accident that took place on 17.03.2021 at about 7.30 AM involving motorcycle bearingReg.No.KA-05- JY-9403(of which the deceased was a pillion rider) and Corporation bus bearing Reg.No.KA-11-F-0466. It is submitted that the deceased was aged 25 years as on the date of the accident, was hale and healthy, was a M.Com graduate and preparing for her Chartered Accountant examination and was working as an Accountant at KNJ Associates, earning a sum of Rs. 25,000/- per month. 3. Before the Tribunal, the Corporation was Respondent No.1, the owner of the motorcycle bearing Reg.No.KA-05-JY-9403 was the Respondent No. 2 and the - 6 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 Insurer of the motorcycle bearing Reg.No.KA-05-JY-9403 was the Respondent No.3. Upon issuance of notice before the Tribunal, the counsel for the Insurer of motorcycle as well as the Corporation appeared and filed separate written statements. The owner of the motorcycle was placed ex parte. It was contended on behalf of the Corporation that the accident occurred solely due to rash and negligent driving of the rider of the motorcycle and that rider of the motorcycle was solely responsible for the accident. It was also contended before the Tribunal by the Corporation that the Corporation bus has been falsely implicated in this accident and also that the compensation sought by the claimants is excessive and exorbitant. 4. On behalf of the claimants, the claimant No. 1 examined herself as PW1, Sri. Jayanna, Partner of KNJ Associates was examined as PW2, rider of the motorcycle Sri. Shashikumar S. was examined as PW3, apart from marking Exs.P.1to P.23. The Corporation examined the conductor of the Corporation bus as RW1. The insurer of - 7 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 the motorcycle examined its Assistant Manager as RW2 and marked Exs.R.1 to R.5. The tribunal upon examination of the material on record, saddled the liability upon the Corporation and awarded the total compensation of Rs. 29,74,000/- along with interest at 6% p.a. under the following heads:- Sl No. Compensation under the Head Amount 1. Loss of dependency Rs. 28,56,000/- 2. Loss of estate Rs. 20,000/- 3. Funeral expenses & transportation Rs. 20,000/- 4. Loss of Consortium Rs. 88,000/- TOTAL Rs. 29,84,000/- 5. While coming to the afore-stated conclusion, the Tribunal assessed the monthly income of the assessed to be Rs. 20,000/-, deducted 50% of the income towards personal and living expenses of the deceased, added 40% of the assessed income towards future prospects and adopted the applicable multiplier of 17. - 8 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 6. Heard Smt. V Nithya for the claimants, Sri. D Vijayakumar for the Corporation and Sri. Mohan Prasad for the insurer of the motorcycle. Perused the entire appeal papers including the Trial Court records. 7. Learned Counsel for the claimants Smt. V Nithya would submit that the Tribunal has rightly saddled the liability upon the Corporation as the motor vehicle accident occurred due to the rash and negligent driving of the driver of the Corporation bus. However, learned counsel would submit that the income assessed by the Tribunal at Rs. 20,000/- is on the lower side, as sufficient proof is produced before the Tribunal which includes Pay slips at Ex. P19 and also the evidence let in by PW2, to substantiate that the deceased was earning Rs. 25,000/- per month, working as an Accountant at KNJ Associates. Thus, it is prayed that the compensation awarded by the Tribunal be enhanced to the above extent. - 9 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 8. Learned counsel for the Insurer of the motorcycle would adopt the arguments urged by the learned counsel for the claimants insofar as the negligence to be attributed to the Corporation bus is concerned. 9. Per Contra, the learned counsel for the Corporation would submit that the Corporation bus is not involved in the accident. It is submitted that the rider of the motorcycle and the Corporation bus were going towards Bengaluru from Kanakapura and when the rider of the motorcycle tried to overtake the Corporation bus, the rider of the motorcycle lost balance and fell down, which led to the accidental death of the deceased, who was the pillion rider of the motorcycle. It is further submitted that, despite compensation being claimed against the Corporation as well as the Owner and Insurer of the Motorcycle, the Tribunal wrongly fixed the liability solely on the Corporation.It is submitted that, if the contentions of claimants were to be true, then there would be damages to the hind portion the motorcycle, however, the IMV - 10 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 Report would not show any damages to the hind portion of the motorcycle. Without prejudice to the above, it is further submitted that the income of the deceased assessed by the Tribunal is on the higher side, as well as the compensation granted under the conventional heads. Thus, it is prayed that the claimants’ appeal be dismissed and the appeal filed by the Corporation be allowed. 10. Having heard the learned counsel appearing for the parties and on perusal of the entire appeal papers including the Trial Court Records, the following points would arise for our consideration: i. Whether the Tribunal is justified in attributing the negligence solely upon the driver of the Corporation Bus and the consequent liability upon the Corporation? ii. Whether the quantum of compensation granted by the Tribunal is just and proper? - 11 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 11. Answer to the above points would be in the Affirmative and Negative, respectively for the following reasons: The learned counsel for the claimants as well as the Insurer of the motorcycle have contended that the accident occurred solely due to the rash and negligent driving of the Corporation bus, which dashed against the motorcycle from behind, which led to the fall of the rider as well as the pillion rider(the deceased) of the motorcycle and the consequent death of the deceased. However, the learned counsel for the Corporation has contended that the Corporation bus is not involved in the accident which led to the death of the daughter of the claimant. 12. On 17.03.2021, subsequent to the accident, the rider of the motorcycle, Sri. Shashikumar, i.e. PW3 has filed a complaint before the jurisdictional police, the contents of which would state that, when the motorcycle was being driven towards Bengaluru from Kanakpura on the left most side of the road, the Corporation bus, being - 12 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 driven in a rash and negligent manner, dashed against the handle of the motorcycle, leading to the rider of the motorcycle as well as the deceased(pillion rider) falling on the road, consequently leading to the death of the deceased, on the way to the hospital. In pursuance to the complaint submitted by the rider of the motorcycle, the police authorities have registered an FIR against the driver of the Corporation bus, which is produced as Ex. P1. The said FIR has culminated in a charge sheet being filed against the driver of the Corporation bus, which has been produced as Ex. P8 before the Tribunal. 13. A perusal at the accident spot sketch produced at Ex. P4 would also indicate that the motorcycle was being driven about 4 feet from the left side of the road and that the bus was being driven on the right most side of the road and suddenly steered left towards the motorcycle and dashed to the motorcycle about 4 feet away from the left most side of the road. Moreover, the rider of the motor cycle has also in his Chief Examination reiterated the - 13 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 contents of the complaint made before the Police and in his cross examination has also denied the contention of the Corporation that the accident occurred due to the negligence of the rider of the motorcycle. Thus, with regard to negligence to be attributed, the claimants have discharged the initial burden of proof saddled upon them. 14. The Corporation on the other hand merely examined the conductor of the Corporation bus as RW1 and did not produce any documents. In addition to this, in his Cross Examination, the Conductor of the bus has deposed that as he was sitting at the back of the bus,he could not see as to what happened in the front of the bus. Thus, upon examination of the evidence let in by both the parties, the contentionof the Corporation that the death of the deceased was caused due to the negligence of the rider of the motorcycle and the contention that the Corporation bus was not involved, is rejected. - 14 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 15. With regard to the compensation to be granted to the claimants, the learned counsel for the claimants would submit that the deceased was a M.Com graduate and preparing for her Chartered Accountant examination and was working as an Accountant at KNJ Associates, earning a sum of Rs. 25,000/- per month. Hence, it is submitted that the income assessed by the Tribunal is on the lower side. The Tribunal has assessed the income of the deceased notionally at Rs. 20,000/- per month by disregarding the Pay Slips and Certificate issued by KNJ Associates. The reasoning given by the Tribunal is that PW2 in his Cross Examination has stated that there is no ledger or voucher or attendance register that would show that the deceased was in fact working as an Accountant at KNJ Associates. On careful scrutiny of the material on record, this court does not find any reason to disregard the Pay Slips and Certificate issued by KNJ Associates. It is to be kept in mind that, merely because the partner of KNJ Associates who was examined as PW2 failed to submit the - 15 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 ledger or voucher or attendance register pertaining to the deceased, that by itself, would not be a sufficient ground to disregard the pay slips and certificate issued, especially, considering that the claimants have produced the B.Com Degree of the deceased from Bangalore University and M.Com Degree in Accounting and Taxation. Thus, the income of the deceased is assessed at Rs. 25,000/- per month. 16. The claimants have submitted that the deceased was aged 25 years as on the date of accident. However, a perusal at the Aadhar Card of the deceased would indicate that the deceased was aged 26 years as on the date of the accident. Thus, the Tribunal has correctly applied the multiplier of ’17’. The Tribunal has correctly deducted 50% towards personal and living expenses of the deceased as she was unmarried and added 40% towards future prospects, which needs no interference. On re- assessment of the monthly income of the deceased, - 16 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 claimants would be entitled to modified compensation on the head of loss of dependency as follows: 25,000+40%X1/2X12X17=Rs.35,70,000/- 17. With regard to the conventional heads, compensation granted by the Tribunal under the head ‘Loss of Consortium’ to the tune of Rs. 88,000/- is correct and does not need any interference. However, the Tribunal has granted compensation in excess under the heads ‘Loss of Estate’ and ‘Funeral and Transportation Expenses’, as no documentary proof or otherwise has been produced by the claimants to establish their claim or to grant in excess of the reasonable figures as stated in NATIONAL INSURANCE CO. LTD. V. PRANAY SETHI reported in (2017) 16 SCC 680. Thus, in accordance with Pranay Sethi (supra), the claimants shall be entitled to Rs. 15,000/- each under the heads ‘Loss of Estate’ and ‘Funeral and Transportation Charges’, enhanced at 10% for every 3 years. Admittedly, a sum of Rs. 10,000/- has already been paid by the Corporation as ex-gratia payment - 17 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 to the claimants. Thus, Rs. 10,000/- needs to be deducted from the modified compensation to be awarded to the claimants.The claimants would be entitled for the following modified compensation: Sl. No. PARTICULARS AMOUNT 1. Loss of Dependency Rs. 35,70,000/- 2. Loss of Consortium(40,000 each plus 10%) Rs. 88,000/- 3. Loss of Estate(15,000 plus 10%) Rs. 16,500/- 4. Funeral Expenses and Transportation Charges (15,000 plus 10%) Rs. 16,500/- TOTAL Rs.36,91,000/- 18. Thus, the claimants would be entitled to the enhanced compensation of Rs.36,81,000/- (Rs. 36,91,000-Rs.10,000)as against Rs. 29,84,000/- awarded by the Tribunal, at the rate of 6% per annum from the date of petition till the date of realization. - 18 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 19. In the result, we proceed to pass the following: ORDER a) MFA No. 1406/2024 filed by the claimants and MFA No. 4980/2024 filed by the Corporation are allowed in part. b) The impugned judgment and award of the Tribunal is modified holding that the claimants would be entitled to the enhanced compensation of Rs.36,81,000/- as against Rs. 29,84,000/-awarded by the Tribunal c) The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of realization. d) The Corporation shall deposit the entire compensation amount with accrued interest before the Tribunal within four weeks from - 19 - HC-KAR NC: 2026:KHC:12958-DB MFA No. 4980 of 2024 C/W MFA No. 1406 of 2024 the date of receipt of certified copy of this judgment. e) Apportionment, deposit and disbursement shall be made as per the award of the Tribunal. f) The amount in deposit, if any, be transmitted to the concerned Tribunal forthwith along with Trial Court Records. g) Draw modified award accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 11