Karnataka High Court
The Divisional Manager vs N.Radha on 6 February, 2026
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NC: 2026:KHC:7296
MFA No. 2045 of 2023
C/W MFA No. 284 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 2045 OF 2023 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 284 OF 2015 (MV-D)
IN MFA No. 2045/2023:
BETWEEN:
MANAGING DIRECTOR KSRTC
"SARIGE BHAVANA", K.H. ROAD
BENGALURU-560 027
REPRESENTED BY IT'S
CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)
AND:
Digitally signed PREMKUMAR
by S/O LATE M.B. SHIVALINGAPPA
PADMASHREE
SHEKHAR DESAI SINCE DEAD BY HIS
Location: High
LEGAL REPRESENTATIVES
Court of
Karnataka 1. SMT. ASHA PREMKUMAR
W/O PREMKUMAR
AGED ABOUT 61 YEARS
2. MS. B.P. SUNITHA
D/O PREMKUMAR
AGED ABOUT 40 YEARS
RESPONDENT NOS.1 AND 2
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NC: 2026:KHC:7296
MFA No. 2045 of 2023
C/W MFA No. 284 of 2015
HC-KAR
ARE R/AT NO.167, 8TH MAN ORAD
4TH CROSS, GOKUL 1ST STAGE
BENGALURU-560 054.
3. MR. R. JAYARAJ
S/O RAMASWAMY
AGED MAJOR
R./AT NO.26/28
KANDIPALYAM WARD
ELUR POST, NAMAKKAL DISTRICT
NAMAKAL
TAMIL NADU-637 018.
4. THE MANAGER
NATIONAL INSURANCE COMPANYLTD
NO 74-A, PARAMATHY ROAD
NAMAKKAL
TAMIL NADU-637 001
(POLICY NO.651300/31/10/6300003320)
...RESPONDENTS
(BY SRI. ANGADI S.V., ADVOCATE FOR R1 & R2;
SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R4;
V/O DATED 12.09.2024 NOTICE TO R3 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 29.09.2022 PASSED IN MVC
NO.403/2012 ON THE FILE OF THE XX ADDITIONAL SMALL
CAUSES JUDGE AND ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AND MACT, BENGALURU, (SCCH-22),
AWARDING COMPENSATION OF RS.20,64,032/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL THE DEPOSIT OF AMOUNT AND FIXING THE LIABILITY OF
50 PERCENT TO THE APPELLANT HEREIN.
IN MFA NO. 284/2015
BETWEEN:
THE DIVISIONAL MANAGER
K.S.R.T.C. SHIMOGA DISTRICT
SHIMOGA-577 201,
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NC: 2026:KHC:7296
MFA No. 2045 of 2023
C/W MFA No. 284 of 2015
HC-KAR
NOW BY THE MANAGING DIRECTOR
K.S.R.T.C., CENTRAL OFFICES,
K.H. ROAD, BANGALORE-570 027,
REPRESENTED BY ITS
CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)
AND:
1. N. RADHA
AGED ABOUT 29 YEARS,
W/O LATE GIRISH M.K.
2. DEEKSHITHA G
AGED ABOUT 10 YEARS,
D/O LATE GIRISH M.K.
3. RAKSHITHA
AGED ABOUT 6 YEARS,
D/O LATE GIRISH M.K.
SINCE RESPONDENTS NO.2 AND 3
ARE MINORS
REPRESENTED BY THEIR
MINOR GUARDIAN RESPONDENT NO.1,
SMT. N. RADHA
4. KARI GOWDA
AGED ABOUT 93 YEARS,
S/O LATE SONNEGOWDA,
SINCE DEAD THE
RESPONDENT NOS.1 TO 3 ARE
THE LEGAL REPRESENTATIVES
5. NINGAMMA
AGED ABOUT 82 YEARS,
W/O KARIGOWDA,
SINCE DEAD THE
RESPONDENT NOS.1 TO 3 ARE
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NC: 2026:KHC:7296
MFA No. 2045 of 2023
C/W MFA No. 284 of 2015
HC-KAR
THE LEGAL REPRESENTATIVES
ALL THE RESPONDENTS NO.1 TO 5 ARE
RESIDENTS OF MARUTHI NILAYA,
7TH CROSS, SANJEEVINI NAGAR,
NEAR OM SHAKTHI TEMPLE
HEGGANAHALLI CROSS,
BANGALORE-560 091.
6. THE MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
REGIONAL OFFICE,
NO.144, SUBRAM COMPLEX, M.G. ROAD,
BANGALORE-560 001.
(POLICY NO.651300/31/10/63008320)
ISSUED BY NAMKKAL DIVISION,
TAMILANDU
7. R JAYARAJ
S/O RAMASWAMY,
AGED MAJOR,
R/AT NO.26-28,
KANDIPALYAM WARD,
ELUR POST,
NAMAKKAL DISTRICT,
TAMILANDU-637018,
(THE R.C. OWNER OF LORRY
NO.T.N.-28-AC-4649.)
...RESPONDENTS
(BY SRI. ANGADI S.V., ADVOCATE FOR R1 & R2,
SRI. A N KRISHNA SWAMY FOR R6, ADV., FOR R6;
SRI. LOKESH K., ADVOCATE FOR R1 TO R3;
V/O DATED 09.04.2021 NOTICE TO R7 IS D/W;
V/O DATED 2.1.2023, R1 TO R3 ARE TREATED AS
LEGAL REPRESENTATIVES'S OF
DECEASED R4 AND R5)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 15.10.2014 PASSED IN MVC
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NC: 2026:KHC:7296
MFA No. 2045 of 2023
C/W MFA No. 284 of 2015
HC-KAR
NO.1180/2012 ON THE FILE OF THE JUDGE, COURT OF SMALL
CAUSES & XXVI ACMM, MACT, BANGALORE, AWARDING
COMPENSATION OF RS.23,50,000/- WITH INTEREST @ 6%
P.A FROM THE DATE OF PETITION TILL ITS REALIZATION.
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.2045/2023 is filed by the Managing Director/KSRTC against the award and judgment passed in MVC 403/2012 by XX Additional Small Causes Judge and Additional Chief Metropolitan Magistrate and MACT, Bengaluru on 29.09.2022 and MFA No.284/2015 is filed by the Divisional Manager, KSRTC against the award and judgment passed in MVC No.1180/2012 by the Court of Small Causes & XXVI ACMM, Benglauru on 15.10.2014. MFA No.2045/2023
2. One B.P.Santhosh met with an accident on 03.12.2011 and died subsequently. His legal heirs are parents and sister filed claim petition claiming -6- NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR compensation of Rs.45 lakhs. Tribunal considering the entire evidence on record granted an amount of Rs.20,64,032/- with interest at the rate of 6% p.a. But the Tribunal held that there was contributory negligence of the driver of the lorry and driver of the bus in equal ratio of 50:50. Accordingly directed the respondent Nos.1 and 2 to deposit 50% of the compensation in one month.
3. Aggrieved by the said award Managing Director of KSRTC preferred this appeal and he mainly contended that they have examined the driver of the bus as RW5. Bus was parked with parking lights on the side of the road and there were lights inside the bus and headlights and parking rear lights were on and there were passengers and the driver of the bus was in the process of replacing the burst front left wheel of the bus. Most of the passengers were standing on the left side of the road. But the driver of the lorry did not notice the parked bus from the long distance, though road was straight. Accident took place on the NH near Manchakalkuppe. It was a two way road with -7- NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR road median and no other vehicles were coming in the opposite direction in one way road, but the lorry driver dashed the rear side of the bus which was parked on the left side of the road with high speed and due to the forcible impact, bus moved on to B.P.Santhosh who was standing by the side of the road. As such, the accident occurred only due to the rash and negligence of the driver of the lorry. As per the spot mahazar and sketch Exs.P4 and P5, bus was found on the southern side of mud road and dead body of the BP Santosh was found in the front of left wheel of the lorry near south edge of the tar road and another dead body of Girish was also found near rear left wheel of the bus on the mud road. They were standing on the left side of the parked bus. As the lorry dashed the bus from back side, bus moved and ran over them. Police filed charge sheet against the driver of the lorry. Though there was sufficient space on the right side of the bus to proceed further, the driver of the lorry came in a rash and negligent manner and dashed the rear side of the bus. As -8- NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR per the spot mahazar and sketch there was 29 feet wide tar road which is one way road and the spot of the accident is on the left side edge of the tar road. The accident occurred only due to the rash and negligence of the driver of the lorry and there is no negligence on the part of the driver of the bus, which was parked on the left side edge of the tar road. Income of the claimant was taken at Rs.13,368/- per month as per the oral evidence of PW3 and Ex.P24 is the bank statement. Professional tax and income tax were not deducted. He was working as a goods processor in First American (India Pvt. Ltd. ) and his age was considered based on the PM report under Ex.P7. Therefore, 40% is added towards future prospects. Multiplier taken is 17 and 50% was deducted towards personal expenses and thus requested for modification of the order.
4. Learned counsel for respondent No.2 for National Insurance Company stated that the bus was parked without any parking lights by the side of NH instead of -9- NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR taking inside on the mud road. Further, accident occurred at about 03.30 a.m. As such, the lorry driver could not notice the bus. The Tribunal rightly considered all the aspects and assessed the contributory negligence as 50% to each of them and it needs no interference.
5. Heard the arguments of learned counsel for both sides.
6. Admittedly, accident occurred in the early hours of the morning. The bus driver was examined to show that they have taken all the precautionary measures like putting on the parking lights and the lights inside the bus and some of the passengers were standing by the side of the bus. It was also observed that there was no mud road on the left side as per the sketch, bus was not on the extreme left side of the road. The manner of accident shows while bus bearing Reg.No.KA-17-F-652 was going from Bangalore to Shivamoga and reached near Manchakalkuppe at Asha Pallavi house, the tyre got burst. As such, it was stopped on the left side of the road and
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NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR they were trying to replace the tyre. At that time, the driver of the lorry came and dashed the bus from behind. Therefore, this Court finds that the contributory negligence of the bus is to be fixed as 40% and that of the driver of the lorry as 60% instead of 50% by each of them.
7. Learned counsel for the appellant relied upon a citation reported in MFA No.5578/2014 dated 06.08.2021, in which there was direction to implead the Manager of KSRTC, as he was not impleaded prior to that and he further stated that only from the date of impleading he is liable to pay interest. Admittedly, the accident occurred due to the collision of both the vehicles. The claimants might have added all the necessary parties to the petition at the time of filing this petition itself. But they failed to add the KSRTC till there was direction from the court. Therefore, this Court finds it reasonable to exonerate the Managing Director of the KSRTC from paying interest prior to the date of impleading him till 06.08.2021. However,
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NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR he has to pay interest from 06.08.2021 to till the date of realisation.
8. Accordingly, this appeal is hereby partly allowed.
9. Divisional Manager of KSRTC is directed to deposit 40% of the awarded amount i.e. Rs.20,64,032/- and the Insurance Company is directed to deposit 60% of the said amount. Both of them are directed to deposit within one month from the date of this order.
10. On such deposit, both the claimants/parents are permitted to withdraw the entire amount along with interest accrued on it equally.
11. Third claimant is daughter of first claimant and she is depending on him, not on the deceased, as such she is not entitled for any amount.
12. Amount already deposited is to be transferred to MACT.
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NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR IN MFA NO.284/2015
13. The brief facts of the case are that, one M. K. Girish, met with an accident on 03.12.2011. His wife, children and parents filed claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.23,50,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. The Tribunal further held that there was contributory negligence on the part of both vehicles, apportioning the negligence at 60% to the driver of the lorry and 40% to the driver of the KSRTC bus. Accordingly, the Managing Director of KSRTC was directed to deposit 40% of the compensation amount. Being aggrieved by the said award Managing Director of KSRTC preferred this appeal.
14. It is mainly contended that, since the charge sheet has been filed against the driver of the lorry, the entire liability is to be fixed against the lorry driver and not on the KSRTC bus driver. But in view of the reasoning
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NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR given by this Court in MFA No.5578/2014 dated 06.08.2021, this Court finds it reasonable that the finding of contributory negligence fixed by the Tribunal, apportioning 40% negligence to the driver of the KSRTC bus and 60% to the driver of the lorry, is just and proper and it needs no interference. Accordingly, the appeal is dismissed, confirming the award of the Tribunal.
15. The amount already in deposit shall be transferred to the MACT.
16. During the pendency of the appeal, the parents of the deceased expired and the wife and children i.e., respondent Nos.1 to 3, are already on record. Therefore, respondent Nos.1 to 3 are permitted to withdraw the compensation amount in terms of the apportionment made by the Tribunal.
17. The Tribunal had allotted 5% share each to respondent Nos.4 and 5 (parents of the deceased). Since they have expired and only the wife and children are on
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NC: 2026:KHC:7296 MFA No. 2045 of 2023 C/W MFA No. 284 of 2015 HC-KAR record, the said 10% share shall also be transferred to the respondent No.1-wife of the deceased. Accordingly, respondent No.1 is permitted to withdraw the said 10% share apportioned in favour of respondent Nos.4 and 5.
18. On such deposit, except the minor petitioners, others are permitted to withdraw the entire amount.
Sd/-
(P SREE SUDHA) JUDGE AKV,AMA CT:NR List No.: 1 Sl No.: 57