- 1 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1991 OF 2024 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 7227 OF 2023 (MV-D) IN MFA No. 1991/2024 BETWEEN: 1. BHAGYA D/O. LATE KRISHNE GOWDA AGED ABOUT 45 YEARS R/AT NATIVE B. KODAGALLI VILLAGE MELUKOTE HOBLI,PANDAVAPURA TALUK MANDYA DISTRICT 571431 NOW R/O GUNDA RAO NAGARA RAMABAI NAGAR,MYSORE 570 008. 2. RATHNAMMA D/O LATE KRISHNE GOWDA W/O LATE YOGESH AGED ABOUT 43 YEARS R/AT NATIVE B. KODAGALLI VILLAGE MELUKOTE HOBLI,PANDAVAPURA TALUK MANDYA DISTRICT 571431. 3. PRAKASH K S/O LATE KRISHNE GOWDA AGED ABOUT 37 YEARS R/AT NATIVE B. KODAGALLI VILLAGE MELUKOTE HOBLI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 PANDAVAPURA TALUK MANDYA DISTRICT-571 431. …APPELLANTS (BY SRI. M V MAHESWARAPPA,ADVOCATE) AND: THE MANAGING DIRECTOR KSRTC, K.H. ROAD,SHANTHINAGAR BANGALORE 560 011. …RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA,ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.03.2023 PASSED IN MVC NO.1194/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7227/2023 BETWEEN: MANAGING DIRECTOR KSRTC, K H ROAD, SHANTHINAGAR, BANAGALORE-560 027. REPRESENTED BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE) AND: 1. BHAGYA D/O LATE KRISHNE GOWDA, - 3 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 AGED ABOUT 44 YEARS, R/AT NATIVE B KODAGALLI VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT- 571431. NOW R/O GUNDA RAO NAGARA, RAMABAI NAGARA,MYSORE- 570 008. 2. RATHNAMMA D/O LATE KRISHNE GOWDA W/O LATE YOGESH, AGED ABOUT 42 YEARS, R/AT NATIVE B KODAGALLI VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT- 571431 NOW R/O MARUVANAHALLI VILLAGE, SINDHAGHATTA,MANDYA DISTRICT-571426. 3. PRAKASH K S/O LATE KRISHNE GOWDA, AGED ABOUT 36 YEARS, R/AT NATIVE B KODAGALLI VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT- 571434. ...RESPONDENTS (BY SRI. M V MAHESWARAPPA, ADVOCATE FOR R1 TO R3) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.03.2023 PASSED IN MVC NO.1194/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND AMACT, TUMAKURU, AWARDING COMPENSATION OF RS.21,81,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. - 4 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT MFA No.1991/2024 is filed by the appellants claiming for enhancement of compensation and MFA No.7227/2023 is filed by the Managing Director, KSRTC disputing the liability. 2. Both the appeals are filed against the award dated 13.03.2023 passed in MVC No.1194/2021 by the Court of III Additional District and Sessions Judge, AMACT, Tumakuru, (for short 'Tribunal'). 3. For the sake of convenience, the parties shall be referred to as per their rank and status before the Tribunal. 4. Heard the arguments of both counsel appearing in both the appeals. 5. Brief facts of the case are that, Sri. Suresh K, met with an accident on 21.09.2021. His - 5 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 sisters and brother filed claim application claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted Rs.21,81,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation. Aggrieved by the said order, the claimants have filed appeal in MFA No.1991/2024 for enhancement of compensation. 6. It is contended that Suresh K was working as Head Cook in Nanjundeshwara Hotel and earning Rs.20,000/- per month. Due to his untimely death, the petitioners have suffered loss of dependency and affection. But the Tribunal has considered the income of the appellant at Rs.15,000/- which is on the lower side. Further, it is contended that the claimants are Class-II legal heirs of deceased K Suresh and also they are major. But according to Motor Vehicles Act, the legal heirs of the deceased is entitled for the compensation as per the decisions rendered by the Hon'ble Apex Court in the case of Gujarat State Road Transport Corporation, - 6 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 Ahmedabad vs. Ramanbhai Prabhatbhai and Another1 and in the case of National Insurance Company Limited vs. Birender and Ors, and also decision rendered in the case of Managing Director, KSRTC vs. Venkataramanappa K S and others2. Therefore, the appellants have requested for enhancement of compensation. 7. On contrary against the very same judgment, the Managing Director, KSRTC has filed appeal in MFA No.7227/2023 and mainly contended that the Tribunal is justified in taking the income of the deceased as Rs.15,000/- in the absence of any income proof. Claimant Nos.1 and 2 are married sisters of deceased and they are residing at Mysuru and Maruvanahalli village ie., in their matrimonial homes and claimant No.3 is residing in Bidadi but the deceased was staying separately in Tumakuru. As such, the claimants are not entitled for compensation 1 reported in (1987) 3 Supreme Court Cases 234 2 reported in 2003 ACJ 597 - 7 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 under the head 'loss of dependency' but they are entitled for compensation under the head 'loss of estate'. 8. Further, the learned counsel relied upon the judgment rendered by this Court in the case of A. Manavalagan vs. A.Krishnamurthy and Others3 wherein it is specifically stated that though the quantum of savings will vary from person to person, there is a need to standardise the quantum of savings for determining the loss to estate in the absence of specific evidence to the contrary and the savings can be taken as 15% of the income. In the present case on hand, the claimant Nos.1 and 2 are married sisters and claimant No.3 is the brother who is employed and not dependant on his brother who died in the accident and the Tribunal ought to have considered the income of the deceased as savings and award the amount as specified in Manavalagan's case stated supra. Further, the Tribunal has granted 3 reported in ILR 2004 KAR 3268 - 8 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 compensation under the heads loss of consortium to which the claimants are not entitled as discussed above. 9. Further, the learned counsel for respondent relied upon the judgment dated 17.10.2025 of this Court passed in MFA No.3886/2020 c/w. MFA No.4216/2020 in the case of the National Insurance Company Ltd., vs. George Menezes and Others, wherein it is held that in the absence of cogent positive evidence to assess the monthly income of the deceased, considering the date of accident, age and occupation of the deceased, the monthly income can be notionally determined. 10. Lastly, learned counsel contended that the Tribunal has not deducted the interim compensation of Rs.25,000/- which was paid by them on humanitarian ground which is ought to have deducted from the total compensation but the same is not done by the Tribunal. 11. Suresh was aged 32 years and appropriate multiplier is to be taken as ‘16’. Though the appellants - 9 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 have stated that the deceased was earning Rs.15,000/- per month, they have not filed single document to prove his income and the accident occurred on 21.09.2021, the notional income of Rs.15,000/- was confirmed as per the chart prepared by the Karnataka Legal Services Authority and this Court finds no reason to interfere with the same. As per the decision of Hon'ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Others4, 40% is to be added towards future prospectus and as per the guidelines of the Hon’ble Apex Court in the case of Sarla Verma Vs. Delhi Transport Corporation5, 50% is to be deducted towards personal expenses since the deceased is a bachelor. Accordingly, the 'loss of dependency' come to Rs.20,16,000/- (15,000/- + 40% - 50%X 12 X 16). Apart from that, the appellants are also entitled for Rs.33,000/- towards 'conventional heads' as per the decision of Hon'ble Apex Court in the case of National Insurance Company 4 (2017) 16 SCC 680 5 (2009) 6 SCC 121 - 10 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 Limited Vs. Pranay Sethi & Other and the total compensation comes to Rs.2049,000/- . Further, the respondent/corporation has granted Rs.25,000/- as interim compensation on humanitarian ground. Hence, the same has to be deducted from the total compensation that comes to Rs.20,24,000/- (Rs.20,49,000/- - Rs.25,000/-). The Tribunal has granted compensation of Rs.21,81,000/-. 12. Compensation is reduced to Rs.20,24,000/- as against Rs.21,81,000/- as awarded by the Tribunal, which carries interest at the rate of 6% per annum. Further, the respondent/KSRTC has already deposited 50% of the award amount before the Tribunal. 13. In the result, the following order is passed: ORDER i. MFA No.1991/2024 filed by the appellants stands dismissed. ii. MFA No.7227/2023 filed by the respondent/ KSRTC stands allowed. - 11 - HC-KAR NC: 2026:KHC:13687 MFA No. 1991 of 2024 C/W MFA No. 7227 of 2023 iii. The judgment and award dated 13.03.2023 passed in MVC No.1194/2021, by the Court of the III Additional District and Sessions Judge and AMACT, Tumakuru, is modified; iv. Therefore, respondent/KSRTC is directed to deposit the balance compensation with interest at the rate of 6% per annum within one month from the date of this order and v. On such deposit, appellants are permitted to withdraw the amounts equally; vi. The amount in deposit shall be transmitted to the Tribunal. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 49