Karnataka High Court
The Divisional Controller vs Agasara Basavaraj Son Of Late Giriyappa on 25 April, 2026
-1-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 25TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 100716 OF 2022 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 102024 OF 2021 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 102025 OF 2021 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 102026 OF 2021 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 102027 OF 2021 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 102028 OF 2021 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 100093 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 100117 OF 2022 (MV-D)
MISCELLANEOUS FIRST APPEAL NO. 100405 OF 2022
MISCELLANEOUS FIRST APPEAL NO. 100459 OF 2022 (MV-D)
IN MFA No. 100716/2022
BETWEEN:
1. SMT. ANITHA K M
Digitally signed by W/O LATE SHANTOSH KUMAR K M
MOHANKUMAR B AGE. 45 YEARS, OCC. HOME MAKER,
SHELAR
Location: HIGH
COURT OF 2. MINOR VARSHINI
KARNATAKA D/O LATE SANTHOSH KUMAR K M
AGE. 08 YEARS, OCC. STUDENT,
APPELLANT NO.2 IS A MINOR REP BY
HER MOTHER, NATURAL GUARDIAN
APPELLANT NO.1 SMT. ANITHA K M
W/O LATE SANTOSH KUMAR K M
AGE. 45 YEARS, OCC. HOMEMAKER,
3. SMT. K M DEVIRAMMA
W/O LATE THRIGUNA SWAMY
AGE. 53 YEARS, OCC. HOME MAKER,
-2-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
ALL ARE R/O. WARD NO.6,
NEAR RAGHAVANKA MATHA KURUGODU,
DIST. BALLARI-583116.
...APPELLANTS
(BY SRI. HANUMANTHAREDDY SAHUKAR., ADV)
AND:
1. SRI NADAF RAHAMAN S/O BABU NADAF
AGE. 42 YEARS, DRIVER OF THE KSRTC
BUS KA-34/F-1321, R/O. 3RD CROSS,
DEVI NAGAR, BALLARI-583101.
2. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI-583101.
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADV FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021 PASSED
IN MVC NO.755/2018 ON THE FILE OF THE MACT-XII, BALLARI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 102024/2021
BETWEEN:
1. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI
REPRESENTED BY CHIEF LAW OFFICER
K.K.R.T.C., CENTRAL OFFICE, KALABURGI.
...APPELLANT
(BY SRI. S C BHUTI., ADV)
-3-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
AND:
1. SMT. HASEENA BANU
WIFE OF LATE MOHAMMED RAFIQ
43 YEARS, HOUSEWIFE
2. NIJAMUDDIN S/O LATE MOHAMMED RAFIQ
20 YEARS,
BOTH ARE R/O. WARD NO.4, AGASARA ONI,
NEAR OLD POLICE STATION,
KURUGODU, BALLARI DISTRICT-583116
3. NADAF REHAMAN S/O BABU NADAF
42 YEARS, DRIVER OF THE KSRTC BUS BEARING
REG.NO.KA-34/F-1321, R/O. 3RD CROSS,
DEVI NAGAR, BALLARI-583101
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR., ADV FOR R1 & R2,
NOTICE TO R3 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.758/2018 ON THE FILE OF THE MACT-XII,
BALLARI, AWARDING COMPENSATION OF Rs.7,07,700/- WITH
INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL
ITS DEPOSIT.
IN MFA NO. 102025/2021
BETWEEN:
1. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI
REPRESENTED BY CHIEF LAW OFFICER
K.K.R.T.C., CENTRAL OFFICE, KALABURGI
... APPELLANT
(BY SRI. S C BHUTI., ADV)
-4-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
AND :
1. AGASARA BASAVARAJ S/O. LATE GIRIYAPPA
58 YEARS, COOLIE
2. SMT. AGASARA AMBAMMA
W/O AGASARA BASAVARAJ,
48 YEARS, HOUSEWIFE
3. NANDIN D/O AGASARA BASAVARAJA
23 YEARS, STUDENT,
ALL ARE R/O. WARD NO.4, KURUBARA ONI,
KURUGODU, BALLARI DISTRICT-583116
4. NADAF RAHAMAN S/O BABU NADAF
42 YEARS, DRIVER OF THE KSRTC BUS
BEARING NO.KA-34/F-1321, R/O. 3RD CROSS,
DEVI NAGR, BALLARI-583101
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1 TO R3,
NOTICE TO R4 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.757/2018 ON THE FILE OF THE MACT-XII,
BALLARI, AWARDING COMPENSATION OF Rs.6,96,300/- WITH
INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL
ITS DEPOSIT.
IN MFA NO. 102026/2021
BETWEEN:
1. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI
REPRESENTED BY CHIEF LAW OFFICER
K.K.R.T.C.,
-5-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
CENTRAL OFFICE,
KALABURGI
... APPELLANT
(BY SRI. S C BHUTI., ADVOCATE)
AND:
1. SMT. H.M. ERAMMA WIFE OF LATE KOTRESH
43 YEARS, HOUSEWIFE
R/O. WARD NO.1, UJJALATE
KURUGODU, BALLARI DISTRICT-583116
2. NADAF REHAMAN S/O BABU NADAF
42 YEARS, DRIVER OF THE KSRTC
BUS BEARING REG.NO.KA-34/F-1321
R/O. 3RD CROSS, DEVI NAGAR, BALLARI-583101
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR., ADV FOR R1,
NOTICE TO R2 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.756/2018 ON THE FILE OF THE MACT-XII,
BALLARI, AWARDING COMPENSATION OF Rs.7,07,700/- WITH
INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL
ITS DEPOSIT.
IN MFA NO. 102027/2021
BETWEEN:
1. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI
REPRESENTED BY CHIEF LAW OFFICER
K.K.R.T.C., CENTRAL OFFICE, KALABURGI
... APPELLANT
(BY SRI. S C BHUTI., ADV)
-6-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
AND:
1. SMT. ANITHA K.M WIFE OF LATE
SANTHOSH KUMAR K.M. 45 YEARS, HOUSEWIFE
2. MINOR VARSHINI
D/O LATE SANTOSH KUMAR K.M.
8 YEARS, STUDENT
3. SMT. K.M. DEVIRAMMA
W/O LATE THRIGUNA SWAMY
53 YEARS, HOUSEWIFE
THE RESPONDENT NO.2 IS MINOR
REP BY HER NATURAL GUARDIAN AND
MOTHER RESPONDENT NO.1,
ALL ARE R/O. W NO.6, NEAR RAGHAVANKA MATHA
KURUGODU, BALLARI DIST & TQ. -583116
4. NADAF REHAMAN S/O BABU NADAF
42 YEARS, DRIVER OF THE KSRTC
BUS BEARING REG.NO.KA-34/F-1321
R/O. 3RD CROSS, DEVI NAGAR, BALLARI-583101
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1 TO R3,
NOTICE TO R4 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.755/2018 ON THE FILE OF THE MACT-XII,
BALLARI, AWARDING COMPENSATION OF Rs.2,91,000/- WITH
INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL
ITS DEPOSIT.
-7-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
IN MFA NO. 102028/2021
BETWEEN:
1. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI
REPRESENTED BY CHIEF LAW OFFICER
K.K.R.T.C., CENTRAL OFFICE, KALABURGI
... APPELLANT
(BY SRI. S C BHUTI, ADV)
AND:
1. SMT. ANITHA K.M.
WIFE OF LATE SANTOSH KUMAR K.M.
45 YEARS, HOUSEWIFE
2. MINOR VARSHINI
D/O LATE SANTHOSH KUMAR K.M.
8 YEARS, STUDENT,
3. SMT. K.M. DEVIRAMMA
W/O LATE THRIGUNA SWAMY
53 YEARS, HOUSEWIFE
THE RESPONDENT NO.2 IS SINCE MINOR
REP BY HER NATURAL GUARDIAN AND
MOTHER RESPONENT NO.1
ALL ARE R/O. W.NO.6, NEAR RAGHAVANKA MATHA
KURUGODU, BALLARI DIST. & TQ.-583116
4. NADAF REHAMAN S/O BABU NADAF
42 YEARS, DRIVER OF THE KSRTC
BUS BEARING REG.NO.KA-34/F-1321
R/O. 3RD CROSS, DEVI NAGAR, BALLARI-583101
...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1 TO R3,
NOTICE TO R4 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
-8-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.754/2018 ON THE FILE OF THE MACT-XII,
BALLARI, AWARDING COMPENSATION OF Rs.9,20,400/- WITH
INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL
ITS DEPOSIT.
IN MFA NO.100093/2022
BETWEEN:
1. SMT ANITHA K M W/O. LATE SANTOSH
KUMAR K M, AGE 45 YEARS,
OCC HOME MAKER,
2. MINOR VARSHANI
D/O. LATE SANTOSH KUMAR K M
AGE 08 YEARS, OCC STUDENT,
APPELLANT NO.2 IS A MINOR
REPRESENTED BY HER MOTHER NATURAL
GUARDIAN APPELLANT NO.1 SMT. ANITHA K M
W/O. LATE SANTOSH KUMAR K M
AGE. 45 YEARS, OCC. HOME MAKER
3. SMT K M DEVIRAMMA
W/O. LATE THRIGUNA SWAMY
AGE 53 YEARS, OCC HOME MAKER
ALL ARE R/O. WARD NO. 6
NEAR RAGHAVENKA MATHA, KURUGODU
DIST BALLARI-583101
... APPELLANTS
(BY SRI. HANUMANTHAREDDY SAHUKAR., ADV)
AND:
1. SRI. NADAF RAHAMAN S/O BABU NADAF
AGE 42 YEARS, DRIVER OF THE
KSRTC BUS KA-34/F-1321, R/O. 3RD CROSS,
DEVI NAGAR, BALLARI-583101
-9-
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
2. THE DIVISIONAL CONTROLLER
NEKRTC SIRUGUPPA ROAD, BALLARI -583101
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADV FOR R2,
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.754/2018 ON THE FILE OF THE MACT-XII,
BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 100117/2022
BETWEEN:
1. SMT. HASEENA BANU
W/O LATE MOHAMMED RAFIQ
AGE 43 YEARS, OCC HOME MAKER
2. SRI. NIJAMUDDIN S/O LATE K. MOHAMMED RAFIQ
AGE 20 YEARS, OCC: HOTEL BUSINESS
BOTH ARE R/O: WARD NO.4, AGASARA ONI,
NEAR OLD POLICE STATION, KURUGODU
DIST. BALLARI-583101.
... APPELLANTS
(BY SRI. HANUMANTHAREDDY SAHUKAR., ADV)
AND:
1. SRI NADAF RAHAMAN S/O. BABU NADAF
AGE 42 YEARS, DRIVER OF THE KSRTC
BUS KA-34/F-1321, R/O.
3RD CROSS,
DEVI NAGAR,
BALLARI-583101
2. THE DIVISIONAL CONTROLLER
NEKSRTC
- 10 -
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
SIRUGUPPA ROAD,
BALLARI-583101
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADV FOR R2,)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.758/2018 ON THE FILE OF THE MACT-XII,
BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 100405/2022
BETWEEN:
1. SRI. AGASARA BASAVARAJ S/O LATE GIRIYAPPA
AGE. 58 YEARS, OCC. COOLIE,
2. SMT. AGASARA AMBAMMA
W/O AGASARA BASAVARAJ
AGE. 48 YEARS, OCC. HOME MAKER,
3. NANDINI D/O AGASARA BASAVARAJA
AGE. 23 YEARS, OCC. STUDENT,
ALL ARE R/O. WARD NO.4, KURUBARA ONI,
KURUGODU, DIST. BALLARI 583101.
... APPELLANTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV)
AND:
1. SRI. NADAF RAHAMAN S/O BABU NADAF
AGE. 42 YEARS, OCC. DRIVER OF THE
KSRTC BUS KA-34/F-1321, R/O. 3RD CROSS,
DEVI NAGAR, BALLARI 583101.
- 11 -
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
2. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI 583101.
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADV FOR R2)
THIS MFA IS FILED U/S.173(1) (a) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
15.04.2021 PASSED IN MVC NO.757/2018 ON THE FILE OF THE
MACT-XII, BALLARI, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION & SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA NO. 100459/2022
BETWEEN:
1. SMT. H M ERAMMA W/O LATE KOTRESH
AGE. 43 YEARS, OCC. HOME MAKER,
R/O. WARD NO.1, UJJALATE,
KURUGODU, DIST. BALLARI 583101.
...APPELLANT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV)
AND:
1. SRI NADAF RAHAMAN S/O BABU NADAF
AGE. 42 YEARS, DRIVER OF THE KSRTC
BUS KA-34/F-1321, R/O. 3RD CROSS,
DEVI NAGAR, BALLARI 583101.
2. THE DIVISIONAL CONTROLLER
NEKSRTC, SIRUGUPPA ROAD, BALLARI 583101.
...RESPONDENTS
(BY SRI. S.C. BHUTI, ADV FOR R2)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
- 12 -
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
1988, AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021
PASSED IN MVC NO.756/2018 ON THE FILE OF THE MACT-XII,
BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These appeals arise out of a common judgment and award dated 15.04.2021 passed by the Motor Accidents Claims Tribunal - XII, Ballari ('Tribunal' for short) in MVC No.754/2018 clubbed with MVC Nos.755/2018, 756/2018, 757/2018 and 758/2018.
2. Brief facts leading rise to the filing of these appeals are as follows:
2.1. On 15.06.2018, the deceased persons in all the petitions were proceeding in a car bearing Reg.No.KA-19/P-
6852 and the deceased in MVC No.754/2018 was driving the said car. When they reached near the accident spot, at that time, the driver of the NEKRTC1 bus bearing Reg.No.KA- 1 North East Karnataka Road Transport Corporation
- 13 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS 34/F-1321 came from Kolur cross in a high speed in a rash and negligent manner and dashed to the said car. As a result, all the inmates of the car sustained fatal injuries all over the body and succumbed to the injuries at the spot. It is contended that, the deceased Santhosh Kumar.K.M (MVC No.754/2018) was aged about 30 years, was doing hotel business and earning ₹10,000/-per month; the deceased Preetham Kumar.K.M (MVC No.755/2018) was aged about 4 years, was a student; the deceased H.M.Vinay Kumar (MVC No.756/2018) was aged about 18 years, was doing petty business and earning ₹1,000/-per day; the deceased Agasara Gurumurthy (MVC No.757/2018) was aged about 25 years, was doing agricultural work and earning ₹2,00,000/- per annum; the deceased Dada Kaladar (MVC No.758/2018) was aged about 18 years, was working in a mobile canteen and earning ₹10,000/-per month. The accident had occurred due to the rash and negligent driving of the driver of the NEKRTC bus. The legal representatives of the deceased persons filed the claim petitions under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal against the
- 14 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS NEKRTC, being the owner/insurer of the bus, who is liable to pay the compensation. Accordingly, pray to allow the claim petitions.
2.2. The Divisional Controller, NEKRTC filed a statement of objections denying the averments made in the claim petition i.e., denying the age, avocation and income of the deceased persons and the other averments. It is contended that, the accident had occurred due to rash and negligent driving of the driver of the car i.e., deceased Santhosh Kumar.K.M and there was no fault on the part of the driver of the NEKRTC bus. It is contended that, the NEKRTC has already paid ₹15,000/- compensation to the LRs of the deceased persons on humanitarian grounds without admitting the liability. Hence, prays to dismiss the claim petitions.
2.3. The driver of the bus adopted the statement of objections filed by the NEKRTC.
2.4. The Tribunal clubbed all the petitions and framed the separate issues.
- 15 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS 2.5. The LRs of the deceased persons, to substantiate their claims, the first petitioners in all the petitions i.e., Smt. Anitha.K.M examined herself as PW1 and PW2 in MVC Nos.754/2018 and 755/2018; Smt. H.M.Eramma examined herself as PW3 in MVC No.756/2018, Sri. Agasara Basavaraj examined himself as PW4 in MVC No.757/2018; Smt. Haseena Banu examined herself as PW5 in MVC No.758/2018, and marked 39 documents as Exs.P1 to P39. In rebuttal, the respondents examined the driver of the NEKRTC bus as RW1, the Investigating Officer as RW2 and marked 8 documents as Exs.D1 to D8, and photos as MO1 to MO4.
2.6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part with costs and awarded compensations of ₹9,20,400/- in MVC No.754/2018, ₹2,91,000/- in MVC No.755/2018, ₹7,07,700/- in MVC No.756/2018, ₹6,96,300/- in MVC No.757/2018 and ₹7,07,700/- in MVC No.758/2018 with interest at the rate of 7% per annum, and directed the NEKRTC to deposit the compensation amounts.
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NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS
3. The LRs of the deceased persons in all the petitions, being dissatisfied by the quantum of compensation amounts awarded by the Tribunal, filed the appeals in MFA Nos.100716/2022, 100093/2022, 100117/2022, 100405/2022 and 100459/2022. The NEKRTC, aggrieved by the quantum of compensation amounts awarded by the Tribunal, filed appeals in MFA Nos.102024/2021, 102025/2021, 102026/2021, 102027/2021 and 102028/2021.
4. Heard the arguments of the learned counsel for the LRs of the deceased persons and leaned counsel for the NEKRTC.
5. Learned counsel for the LRs of the deceased persons submits that, the compensations awarded by the Tribunal in all the petitions are on the lower side and the Tribunal has erroneously fastened the liability on the deceased driver of the car to the extent of 40%. Hence, on these grounds, he prays to allow the appeals filed by the LRs of the deceased persons, and to dismiss the appeals filed by the NEKRTC.
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NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS
6. Per contra, learned counsel for the NEKRTC submits that, the deceased driver of the car has contributed negligence for the cause of the accident. The Tribunal could have fastened the entire liability on the deceased driver of the car. The compensations awarded by the Tribunal in all the petitions are on the higher side. Hence, on these grounds, he prays to dismiss the appeals filed by the LRs of the deceased persons and allow the appeals filed by the NEKRTC.
7. Perused the records and considered the submissions of the learned counsel for the parties.
8. The points that would arise for consideration would be regarding the liability and the quantum of compensation.
9. It is undisputed fact that, on 15.06.2018, the deceased persons in all the petitions were proceeding in a car bearing Reg.No.KA-19/P-6852 driven by the deceased in MVC No.754/2018; when they reached near the accident spot, at that time, the driver of the NEKRTC bus bearing
- 18 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS Reg.No.KA-34/F-1321 came from Kolur cross in a high speed in a rash and negligent manner and dashed to the said car. As a result, all the inmates of the car sustained fatal injuries all over the body and succumbed to the injuries at the spot.
Reg. Liability:
10. The Tribunal, taking into consideration the sketch at Ex.P5, Ex.D3 and MO1, recorded a finding that the driver of the car had also contributed his negligence to the accident, though the charge sheet is filed only against the driver of the bus. The deceased driver of the car and the driver of the NEKRTC bus have contributed negligence in causing the accident, and the Tribunal has rightly fastened liability on the driver of the NEKRTC bus to the extent of 60% and the deceased driver of the car to the extent of 40%.
Reg. Quantum of Compensations:
MFA No.100716/2022 (MVC No.755/2018):
11. It is undisputed that, the deceased was aged about 4 years as of the date of the accident. The Tribunal,
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NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS relying upon the judgment of the Hon'ble Apex Court in the case of Kishan Gopal and Another Vs. Lala and Others2, awarded a compensation of ₹5,00,000/- on account of the death of the minor. Deducting the interim compensation of ₹15,000/- paid by the NEKRTC and attributing 60% negligence on the driver of the car, the Tribunal has awarded ₹2,91,000/-. The compensation awarded by the Tribunal is just and proper, and do not call for any interference. Hence, the LRs of the deceased have not made out any grounds for enhancement of compensation.
MFA No.100093/2022 (MVC No.754/2018):
12. The accident is of 2018. The deceased was aged about 30 years as of the date of accident. To prove the proof of income, the LRs have not produced any income proof. In the absence of income proof, as per the schedule issued by the Karnataka State Legal Services Authority, the notional income has to be assessed at ₹11,750/-. 40% future prospects has to be added to the income in view of the proposition of law laid down by the Hon'ble Apex Court in 2 (2014) 1 SCC 244
- 20 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS the case of National Insurance Company Limited Vs. Pranay Sethi and Others3 i.e., ₹11,750/- + 4,700 = ₹16,450/-. There are 3 dependants on the deceased. Hence, 1/3rd has to be deducted towards the personal expenses of the deceased i.e., ₹16,450/- - 5,483 = ₹10,967/-. The multiplier applicable to his age group is '17' in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Sarla Verma (Smt) and Others Vs. Delhi Transport Corporation and Another4. This Court reassesses the compensation under the following heads:
Amount of Amount of
Compensation Compensation
Sl.
Particulars awarded by awarded by
No.
the Tribunal this Court
(₹) (₹)
1 Loss of 22,37,268
dependency 14,28,000
(10,967 x 12 x 17)
2 Funeral expenses 16,500 18,000
3 Loss of 1,44,000
consortium 88,000
(48,000 x 3)
4 Loss of estate 16,500 18,000
Total 15,49,000 24,17,268
Enhanced by this Court 8,68,268
3
(2017) 16 SCC 680
4
(2009) 6 SCC 121
- 21 -
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
The compensation amount in total comes to ₹24,17,268/-. Deducting the interim compensation amount of ₹15,000/-, and considering that the NEKRTC is liable to pay 60% of ₹24,02,268/-, the compensation works out to ₹14,41,360/- as against ₹9,20,400/- awarded by the Tribunal. Thus, the LRs of the deceased would be entitled to an enhanced compensation of ₹5,20,960/-.
MFA No.100117/2022 (MVC No.758/2018):
13. The accident is of 2018. The deceased was aged about 18 years as of the date of accident. To prove the proof of income, the LRs have not produced any income proof. In the absence of income proof, as per the schedule issued by the Karnataka State Legal Services Authority, the notional income has to be assessed at ₹11,750/-. 40% future prospects has to be added to the income in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Pranay Sethi (supra) i.e., ₹11,750/- + 4,700 = ₹16,450/-. The deceased was a bachelor. Hence, 50% has to be deducted towards his personal expenses i.e.,
- 22 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS ₹16,450/- / 2 = ₹8,225/-. The multiplier applicable to his age group is '18' in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Sarla Verma (supra). There are 2 dependants on the deceased. In the light of the above, this Court reassesses the compensation under the following heads:
Amount of Amount of
Compensation Compensation
Sl.
Particulars awarded by awarded by
No.
the Tribunal this Court
(₹) (₹)
1 Loss of 17,76,600
dependency 11,34,000
(8,225 x 12 x 18)
2 Funeral expenses 16,500 18,000
3 Loss of 96,000
consortium 44,000 (48,000 x 2)
4 Loss of estate - 18,000
Total 11,94,500 19,08,600
Enhanced by this Court 7,14,100
The compensation amount in total comes to ₹19,08,600/-. Deducting the interim compensation amount of ₹15,000/-, and considering that the NEKRTC is liable to pay 60% of ₹18,93,600/-, the total compensation works out to ₹11,36,160/- as against ₹7,07,700/- awarded by the
- 23 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS Tribunal. Thus, the LRs would be entitled to an enhanced compensation of ₹4,28,460/-.
MFA No.100405/2022 (MVC No.757/2018):
14. The accident is of 2018. The deceased was aged about 28 years as of the date of accident. To prove the proof of income, the LRs have not produced any income proof. In the absence of the income proof, as per the schedule issued by the Karnataka State Legal Services Authority, the notional income has to be assessed at ₹11,750/-. 40% future prospects has to be added to the income in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Pranay Sethi (supra) i.e., ₹11,750/- + 4,700 = ₹16,450/-. The deceased was a bachelor. Hence, 50% has to be deducted towards his personal expenses i.e., ₹16,450/- / 2 = ₹8,225/-. The multiplier applicable to his age group is '17' in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Sarla Verma (supra). There are 3 dependants on the deceased. This Court reassesses the compensation under the following heads:
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NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
Amount of Amount of
Compensation Compensation
Sl.
Particulars awarded by awarded by
No.
the Tribunal this Court
(₹) (₹)
1 Loss of 16,77,900
dependency 10,71,000
(8,225 x 12 x 17)
2 Funeral expenses 16,500 18,000
3 Loss of 1,44,000
consortium 88,000 (48,000 x 3)
4 Loss of estate - 18,000
Total 11,75,500 18,57,900
Enhanced by this Court 6,82,400
The compensation amount in total comes to ₹18,57,900/-. Deducting the interim compensation amount of ₹15,000/-, and considering that the NEKRTC is liable to pay 60% of ₹18,42,900/-, the total compensation works out to ₹11,05,740/- as against ₹6,96,300/- awarded by the Tribunal. Thus, the LRs would be entitled to an enhanced compensation of ₹4,09,440/-.
MFA No.100459/2022 (MVC No.756/2018):
15. The accident is of 2018. The deceased was aged about 22 years as of the date of accident. To prove the proof of income, the LRs have not produced any income proof. In the absence of the income proof, as per the
- 25 -
NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS schedule issued by the Karnataka State Legal Services Authority, the notional income has to be assessed at ₹11,750/-. 40% future prospects has to be added to the income in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Pranay Sethi (supra) i.e., ₹11,750/- + 4,700 = ₹16,450/-. The deceased was a bachelor. Hence, 50% has to be deducted towards his personal expenses i.e., ₹16,450/- / 2 = ₹8,225/-. The multiplier applicable to his age group is '18' in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Sarla Verma (supra). There is only one dependent on the deceased. This Court re-assesses the compensation under the following heads:
Amount of Amount of
Compensation Compensation
Sl.
Particulars awarded by awarded by
No.
the Tribunal this Court
(₹) (₹)
1 Loss of 17,76,600
dependency 11,34,000
(8,225 x 12 x 18)
2 Funeral expenses 16,500 18,000
3 Loss of
44,000 48,000
consortium
4 Loss of estate - 18,000
Total 11,94,500 18,60,600
Enhanced by this Court 6,66,100
- 26 -
NC: 2026:KHC-D:6197
MFA No. 100716 of 2022
C/W MFA No. 102024 of 2021
MFA No. 102025 of 2021
HC-KAR AND 7 OTHERS
The compensation amount in total comes to ₹18,60,600/-. Deducting the interim compensation amount of ₹15,000/-, and considering that the NEKRTC is liable to pay 60% of ₹18,45,600/-, the total compensation works out to ₹11,07,360/- as against ₹7,07,700/- awarded by the Tribunal. Thus, the LRs would be entitled to an enhanced compensation of ₹3,99,660/-.
16. In view of the above discussion, the point regarding quantum of compensation in all the appeals is answered accordingly.
17. In view of the above discussion, I proceed to pass the following:
ORDER i. MFA Nos.100716/2022, 102024/2021, 102025/2021, 102026/2021, 102027/2021 and 102028/2021 are dismissed;
ii. MFA Nos.100093/2022, 100117/2022, 100405/2022 and 100459/2022 are allowed in part;
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NC: 2026:KHC-D:6197 MFA No. 100716 of 2022 C/W MFA No. 102024 of 2021 MFA No. 102025 of 2021 HC-KAR AND 7 OTHERS iii. The impugned common judgment and award passed by the Tribunal is hereby modified; iv. The LRs of the deceased persons are entitled to compensations as follows:
Compensation Compensation in total enhanced by MFA Nos. re-assessed this Court by this Court (₹) (₹) 100716/2022 2,91,000 - 100093/2022 14,41,360 5,20,960 100117/2022 11,36,160 4,28,460 100405/2022 11,05,740 4,09,440 100459/2022 11,07,360 5,20,960 v. The NEKRTC is directed to deposit the compensation amounts with accrued interest within 8 weeks from the date of receipt of a copy of this judgment;
vi. The amount in deposit, if any, and the Trial Court records shall be transmitted to the Tribunal;
vii. Pending IA(s), if any, shall stand disposed of.
SD/-
(ASHOK S. KINAGI) JUDGE PA CT: BSB | List No.: 1 Sl No.: 23