THE MANAGING DIRECTOR vs SMT LALITHA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 6698 OF 2021
(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4309 OF 2020
BETWEEN:
1. SMT. LALITHA,
W/O LATE SHIVANANDA,
AGED ABOUT 32 YEARS,
OCC. HOUSEHOLD,
TH TH
R/O 4 MAIN, 5 CROSS,
VINOBHA NAGAR,
Digitally
signed by
SUSHMA
LAKSHMI B S
Location:
High Court of
Karnataka
DAVANGERE CITY - 577 006.
2. KUMARI CHANDANA,
D/O LATE SHIVANANDA,
AGED ABOUT 13 YEARS
STUDENT,
SINCE MINOR REP. BY HER
NATURAL GUARDIAN/MOTHER
APPELLANT NO.1,
SMT. LALITHA,
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
TH TH
R/O 4 MAIN, 5 CROSS,
VINOBHA NAGAR,
DAVANGERE CITY – 577 006.
3. KUMAR JEEVAN,
S/O LATE SHIVANANDA,
AGED ABOUT 11 YEARS,
STUDENT,
SINCE MINOR REP. BY HIS
NATURAL GUARDIAN/MOTHER
APPELLANT NO.1,
SMT. LALITHA,
TH TH
R/O 4 MAIN, 5 CROSS,
VINOBHA NAGAR,
DAVANGERE CITY – 577 006.
4. SMT. NAGAMMA,
W/O LATE HANUMANTHAPPA,
AGED ABOUT 62 YEARS,
OCC. HOUSEHOLD,
TH TH
R/O 4 MAIN, 5 CROSS,
VINOBHA NAGAR
DAVANGERE CITY - 577 006.
…APPELLANTS
(BY SRI. G. J. SUNKAPUR., ADVOCATE)
AND:
1. HULIGEPPA SOMANAL,
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
S/O AMATHEPPA,
AGED ABOUT 38 YEARS,
BADGE NO.641, KSRTC BUS DRIVER,
R/O ANANTHA SOMANAHALLY,
BAPPARAGI, SHORAPURA TALUK,
YADAGIRI DISTRICT – 585 224.
BUS BEARING REG. NO.KA33/F-0386.
2. THE MANAGING DIRECTOR,
DIVISIONAL CONTROLLER,
NEKRTC YADAGIRI DEPOT,
YADAGIRI - 585 001.
OWNER OF KSRTC BUS BEARING
REG. NO.KA33/F-0386.
3. THE MANAGING DIRECTOR,
INTERNAL SECURITY FUND,
K.S.R.T.C., SARIGE BHAVAN,
OLD KGID BUILDING, K.H. ROAD,
BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. B. L. SANJEEV., ADVOCATE FOR R2;
R3 IS SERVED AND UNREPRESENTED;
V/O DATED 15.12.2022, NOTICE TO R1 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.12.2019, PASSED IN
MVC.NO.549/2019, ON THE FILE OF THE PRINCIPAL SENIOR
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
CIVIL JUDGE AND M.A.C.T.-IV AT DAVANGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 4309/2020
BETWEEN:
1. THE MANAGING DIRECTOR,
DIVISIONAL CONTROLLER,
NORTH EASTERN KARNATKA ROAD
TRANSPORT CORPORATION (NEKRTC),
YADAGIRI DEPOT, YADAGIRI.
HEREIN REPRESENTED BY
THE CHIEF LAW OFFICER,
NEKRTC, CENTRAL OFFICES,
SARIGE SADANA, KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV B. L., ADVOCATE)
AND:
1. SMT. LALITHA,
W/O LATE SHIVANANDA,
AGED ABOUT 31 YEARS,
OCC-HOUSEHOLD
TH
RESIDING AT 4 MAIN,
TH
5 CROSS, VINOBHA NAGAR,
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
DAVANAGERE CITY – 577 002.
2. KUMARI CHANDANA,
D/O LATE SHIVANANDA,
AGED ABOUT 12 YEARS,
SINCE MINOR, REP. BY HER
NATURAL GUARDIAN/MOTHER
RESPONDENT NO.1,
TH
RESIDING AT 4 MAIN,
TH
5 CROSS, VINOBHA NAGAR,
DAVANAGERE CITY – 577 002.
3. KUMAR JEEVAN,
S/O LATE SHIVANANDA,
AGED ABOUT 10 YEARS,
SINCE MINOR, REP. BY HIS
NATURAL GUARDIAN/MOTHER
RESPONDENT NO.1
TH
RESIDING AT 4 MAIN,
TH
5 CROSS, VINOBHA NAGAR,
DAVANAGERE CITY – 577 002.
4. NAGAMMA,
W/O LATE HANUMANTHAPPA,
AGED ABOUT 61 YEARS,
OCC-HOUSEHOLD
TH
RESIDING AT 4 MAIN,
TH
5 CROSS, VINOBHA NAGAR,
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
DAVANAGERE CITY – 577 002.
5. HULIGEPPA SOMANAL,
S/O AMATHEPPA,
AGED ABOUT 37 YEARS,
K.S.R.T.C. BUS DRIVER,
R/O ANANTHA SOMANAHALLY
BAPPARAGI, SHORAPURA TALUK
YADAGIRI DISTRICT.
6. K.S.R.T.C.,
THE MANAGING DIRECTOR,
INTERNAL SECURITY FUND,
K.S.R.T.C. SARIGE BHAVANA,
OLD KGID BUILDING, K.H. ROAD,
BANGALORE – 560 027.
...RESPONDENTS
(BY SRI. G. J. SUNKAPUR., ADVOCATE FOR R1 TO R4;
R5 IS SERVED AND UNREPRESENTED)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 26.12.2019, PASSED
IN MVC.NO.549/2019, ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, M.A.C.T.-IV AT
DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
THESE APPEALS ARE, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
Being aggrieved by the judgment and award dated
26.12.2019 passed by the Principal Senior Civil Judge and
Member, MACT-IV, Davanagere (for short, ‘Tribunal’) in
MVC.No.549/2019, the claimants have filed MFA.No.6698/2021
and the Insurance Company has filed MFA.No.4309/2020.
Brief facts of the case:
2. The petitioner No.1 is the wife, petitioner Nos.2 and
3 are the children and petitioner No.4 is the mother of the
deceased. On 22.06.2019, the husband of the petitioner No.1
was driving the auto rickshaw along with passenger near
Sangolli Rayanna Circle through ring road. The respondent No.1
being the being the driver of KSRTC bus bearing registration
No.KA-33/F-0386 drove it in a rash and negligent manner and
dashed to the auto rickshaw, thereby, the husband of petitioner
No.1 sustained head injury and succumbed on the spot. The
claim petition was filed by the claimants before the Tribunal,
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
the Tribunal awarded compensation of Rs.12,04,000/- along
with interest at the rate of 8% per annum.
In MFA.No.6698/2021
3. The submission of learned counsel for the
appellants is that though the deceased was working as auto
driver, his income was considered as Rs.9,000/- per month
while calculating the loss of dependency has no justification.
Therefore, Rs.30,000/- per month ought to have been
considered as per the claim made by the appellants. In addition
to the said claim, loss of consortium is required to be added in
order to meet the ends of justice. Making such submissions,
learned counsel for the appellants prays to enhance the
compensation.
In MFA.No.4309/2020
4. Learned counsel for the Insurance Company has
submitted that the award passed by the Tribunal is not proper
and appropriate. In fact, the accident occurred due to
negligence of the deceased auto driver. The deceased was
trying to overtake the bus and caused the accident. Therefore,
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
the Tribunal has seriously committed an error in fixing the
liability on the insurance company, though the driver of the
auto rickshaw is responsible for the accident. Hence, the
contributory negligence on the part of the deceased is required
to be considered and pass appropriate order in that regard.
Making such submissions, he prays to allow the appeal.
5. Having heard the learned counsel for the respective
parties and also on perusal of the findings of the Tribunal in
awarding the compensation, no doubt the accident occurred
near Sangolli Rayanna Circle through ring road, the offending
vehicle is KSRTC bus bearing registration No.KA-33/F-0386.
Though the learned counsel for the claimants submitted that
the income of the deceased was Rs.30,000/- per month, the
facts remains that no documents were produced to substantiate
the said income. Therefore, it is appropriate to take notional
income to determine the compensation under the head of loss
of dependency. The accident occurred in the year 2019, hence
as per the chart, an amount of Rs.14,000/- is required to be
considered as notional income of the deceased. Hence, the
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
calculation in respect of loss of dependency is calculated as
under:
Rs.14,000 - ¼ + 25% = Rs.13,125/-
Rs.13,125 X 12 X 14 = 22,05,000/-
6. There are four dependants to the deceased,
however, the Tribunal awarded Rs.40,000/- each towards loss
of consortium, however, the calculation has been wrongly made
by the Tribunal. Hence, a sum of Rs.1,60,000/- to be
considered under the head of loss of consortium as per the
judgment of the Hon'ble Apex Court in the case of NATIONAL
INSURANCE COMPANY LIMITED VS. PRANAY SETHI AND
OTHERS – (2017) 16 SCC 680 .
7. Consequently, the award of the Tribunal is modified
and the claimants would be entitled to the compensation as
under:-
Award amount
Particulars
Sl.
No.
(in Rupees)
Tribunal This Court
01 Loss of dependency 11,34,000/- 22,05,000/-
02 Loss of consortium 40,000/- 1,60,000/-
03 Loss of estate 15,000/- 15,000/-
04 Funeral expenses 15,000/- 15,000/-
TOTAL 12,04,000/- 23,95,000/-
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
8. On going through the grounds urged by the learned
counsel for the Insurance Company in respect of liability
towards driver of auto rickshaw is not acceptable. Hence, the
appeal filed by the Insurance Company is liable to be
dismissed.
8. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i) Miscellaneous First Appeal No.6698/2021
filed by the claimants is allowed in part.
ii) Miscellaneous First Appeal No.4309/2020
filed by the Insurance Company is dismissed .
iii) The judgment and award dated
26.12.2019 passed by the Principal Senior Civil
Judge and Member, MACT-IV, Davanagere in
MVC.No.549/2019, is modified, granting
compensation of Rs.23,95,000/- (Rupees Twenty
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HC-KAR
NC: 2026:KHC:57169
MFA No. 6698 of 2021
C/W MFA No. 4309 of 2020
CNR: KAHC010464762021
Three Lakhs Ninety Five Thousand Only) as against
Rs.12,04,000/- awarded by the Tribunal.
iv) The claimants is entitled to enhanced
compensation of Rs.11,91,000/- with interest at the
rate of 6% per annum from the date of this appeal
till realization.
v) The enhanced compensation amount
shall be deposited by the Insurance Company within
a period of six weeks from the date of receipt of the
certified copy of this judgment.
vi) The apportionment and disbursement of
the compensation amount to be made as per the
order passed by the Tribunal.
The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 24