CHANDRAVATHI vs THE DIVISIONAL CONTROLLER

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 27 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

MISCELLANEOUS FIRST APPEAL NO. 2659 OF 2021

(MV-D)

C/W

MFA CROSS OBJECTION NO. 6 OF 2022 (MV-D)



IN MFA No. 2659/2021

BETWEEN:

1. DIVISIONAL CONTROLLER,
K.S.R.T.C. MANDYA DIVISION,
MANDYA – 571 401,
NOTICE THROUGH,
DIVISIONAL CONTROLLER,
K.S.R.T.C. RURAL DIVISION,
BANNIMANTAP, MYSURU – 570 015,
REPT. BY ITS CHIEF LAW OFFICER.
…APPELLANT







Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka


(BY SMT. RADHA B. P., ADVOCATE)

AND:

1. CHADNRAVATHI,
W/O LATE SHANKAR,
AGED ABOUT 27 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PRIYAPATNA TALUK,
MYSURU DISTRICT – 571 108.

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021



2. NISHANTH S.,
S/O LATE SHANKAR,
AGED ABOUT 07 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PRIYAPATNA TALUK,
MYSURU DISTRICT – 571 108,
SINCE MINOR REPRESNETED BY
NATURAL GUARDIAN MOTHER/
ST
1 PETITIONER CHANDRAVATHI.

3. RATHNAMMA,
W/O LATE ANNAIAH,
AGED ABOUT 60 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PRIYAPATNA TALUK,
MYSURU DISTRICT – 571 108.

4. ANIKA S.,
D/O LATE SHANKAR,
AGED ABOUT 03 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PRIYAPATNA TALUK,
MYSURU DISTRICT – 571 108,
SINCE MINOR REPRESNETED BY
NATURAL GUARDIAN MOTHER/
ST
1 PETITIONER CHANDRAVATHI.
…RESPONDENTS
(R1 AND R3 ARE SERVED AND UNREPRESENTED;
R2 AND R4 ARE MINORS AND REP. BY R1)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 30.01.2021, PASSED IN

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


MVC.NO.326/2018, ON THE FILE OF THE PRINCIPAL JUDGE,
COURT OF SMALL CAUSES AS A PRESIDING OFFICER, SENIOR
CIVIL JUDGE, M.A.C.T. AT MYSURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION.

IN MFA.CROB NO. 6/2022

BETWEEN:

1. CHANDRAVATHI,
W/O LATE SHAKAR,
AGED ABOUT 27 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PERIYAPATNA TALUK,
MYSURU DISTRICT – 571 108.

2. NISHANTH S.,
S/O LAET SHANKAR,
AGED ABOUT 07 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PERIYAPATNA TALUK,
MYSURU DISTRICT – 571 108.
SINCE MINOR REPRESNETED BY
NATURAL GUARDIAN MOTHER/
ST
1 PETITIONER CHANDRAVATHI.

3. RATHNAMMA,
W/O LATE ANNAIAH,
AGED ABOUT 60 YEARS,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PERIYAPATNA TALUK,
MYSURU DISTRICT – 571 108.

4. ANIKA S.,

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


D/O LATE SHANKAR,
05 MONTHS OLD BABY,
R/AT DODDABELALU VILLAGE AND POST,
RAVANDUR HOBLI, PERIYAPATNA TALUK,
MYSURU DISTRICT – 571 108.
SINCE MINOR REPRESNETED BY
NATURAL GUARDIAN MOTHER/
ST
1 PETITIONER CHANDRAVATHI.
...CROSS OBJECTORS
(BY SMT. SUMA K., ADVOCATE)

AND:

1. THE DIVISIONAL CONTROLLER,
K.S.R.T.C., MANDYA DIVISION,
MANDYA – 571 401.
NOTICE THROUTH DIVISIONAL CONTROLLER,
K.S.R.T.C. RURAL DIVISION, BANNIMANTAP,
MYSURU – 570 015.
...RESPONDENT
(BY SMT. RADHA B. P., ADVOCATE)
----
THIS MFA CROB IS FILED U/O.41 RULE 22 R/W
SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND
AWARD DATED 30.01.2021, PASSED IN MVC NO.326/218
ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL
CAUSES AS A PRESIDING OFFICER, M.A.C.T., MYSURU,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR
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MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021



ORAL JUDGMENT

1. These two appeals have been arising out of the
judgment and award dated 30.01.2021 passed in
MVC.No.326/2018 on the file of Principal Judge, Court of
Small Causes and MACT, Mysuru.

Factual matrix of the case:
2. The case of the prosecution is that on
23.02.2018 at about 12:45 p.m., the deceased was
proceeding on his motor cycle and he was taking right turn
to go to petrol bunk. At that time, the KSRTC bus bearing
No.KA-11-F-0476 came from Hunsur towards Periyapatna
dashed the motor cycle. Consequently the deceased
sustained grievous injuries on his head and other parts of
the body. Immediately he was shifted to Periyapatna
Government Hospital and thereafter, he died while he was
being shifted to K.R. Hospital, Mysuru. A claim petition
was filed by the legal representatives of the deceased. The

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HC-KAR
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MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


Tribunal awarded Rs.15,96,500/- along with interest at the
rate of 6% per annum as compensation.

3. The learned counsel in MFA.No.2659/2021
contended that Ex-P4 sketch would clearly indicate that
the bus was on proper direction. However, the deceased
negligently crossed the road to go to petrol bunk without
following the traffic rules. In fact, the tyre mark of the bus
found up to the distance of 6 feet.

4. It is further submitted that the rider of the bike
was not wearing helmet and also he was talking on the
mobile while he was riding the bike. However, the Tribunal
did not consider the said aspect properly. Consequently,
the impugned judgment is passed and fixed the liability on
the Insurance Company which requires to be modified.
Making such submissions learned counsel for the appellant
– Insurance Company prays to allow the appeal and reject
the appeal filed by the claimants.

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


Per Contra
5. , learned counsel for the
claimants/respondents in MFA.CROB.No.06/2022
vehemently submitted that in fact the income of the
deceased was not considered properly by the Tribunal and
also not provided adequate compensation to the family
members of the deceased. Hence, it has to be modified in
respect of the income. Therefore, the appeal may be
allowed. Since the respondent No.1/KSRTC has not proved
that the deceased had committed negligence and took
sudden right turn to go to petrol bunk to get the petrol
filled to his bike, the Tribunal has rightly fixed the entire
liability on the Insurance Company. Hence, the appeal filed
by the Insurance Company may be dismissed. Making
such submissions, the learned counsel for the appellant in
MFA CROB. No.06 of 2022 prays to dismiss the MFA No.
2659 of 2021.

6. Having heard learned counsel for the
respective parties and on perusal of the findings of the

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


Tribunal, so far as the contention of the learned counsel
for the appellant in MFA.No.2659/2021 is concerned, no
doubt, Ex-P4 - sketch indicates that it is a straight road.
The deceased was crossing the road to go to petrol bunk.
Evidence of P.W.-3 clearly would indicate that the KSRTC
bus was going to Madikeri and the deceased was coming
from the opposite direction and he was going to get the
petrol filled to his vehicle, in the mean time, the accident
had occurred. P.W.-3 further denied that the accused was
not wearing helmet and he was talking in the mobile
phone while driving his bike. Since P.W.-3 is an eye-
witness to the incident, his evidence has to be believed
that the deceased was not showing any negligence while
crossing the road. Such being the fact, the appeal filed by
the appellant – Insurance Company is liable to be
dismissed in respect of the negligence is concerned.

7. On the other hand, so far as the contention of
the learned counsel for the appellant in

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


MFA.CROB.No.6/2022 is concerned, the Tribunal while
considering the income of the deceased has assessed the
notional income as Rs.7,000/-. However, the accident has
took place in the year 2018 and notional income was to be
considered as Rs.12,500/-. Hence, the same is taken
accordingly. In view of the changed circumstances the loss
of dependency is required to be re-determined as follows:
th
12,500 – 1/4 + 40% x 12 x 16 = 25,20,000/-

8. Except this modification rest of the conventional
heads are not required to be changed. Hence, the
changed/modified award of compensation is mentioned in
the table as follows:
Sl.
Heads Tribunal This Court
No.
01 Towards loss of 1,60,000 1,60,000
consortium
02 Towards estate 15,000 15,000
03 Towards transportation 25,000 25,000
and funeral expenses
04 Towards loss of 14,11,500 25,20,000
dependency
TOTAL 16,11,500
(-) Interim Compensation
15,000

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HC-KAR
NC: 2026:KHC:60383
MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021


15,96,500 27,20,000
TOTAL

9. In the light of the observations made above, I
proceed to pass the following:
ORDER

i. Miscellaneous First Appeal
No.2659/2021 is dismissed .

ii. Miscellaneous First Appeal
CROB.No.6/2022 is allowed in part .

iii. The judgment and award dated
30.01.2021 passed in MVC.No.326/2018
on the file of the Principal Judge, Court
of Small Causes and MACT, Mysuru, is
hereby modified.

iv. The KSRTC is directed to deposit the
entire amount within a period of eight
weeks from the date of receipt of this
order along with the interest at the rate
of 6% per annum.

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HC-KAR
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MFA No. 2659 of 2021
C/W MFA.CROB No. 6 of 2022


CNR: KAHC010184252021



v. The Registry is directed to transmit the
statutory deposit made by the appellant
in MFA.No.2659/2021 to the Tribunal
forthwith.

vi. The Tribunal is directed to disburse the
amount as per apportionment made in
its order.


Sd/-
(S RACHAIAH)
JUDGE


NM/-
List No.: 1 Sl No.: 17