SMT. PRAKASH D M vs THE MANAGING DIRECTOR (KSRTC)
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 4429 OF 2025
(MV-D)
BETWEEN:
1. SMT. PRAKASH D M
S/O LATE MALLESHAPPA,
AGED ABOUT 40 YEARS,
2. KUM. SREYA D.P
D/O PRAKASH
AGED ABOUT 13 YEARS.
3. MASTER KRISHNA D.P
S/O PRAKASH,
AGED ABOUT 11 YEARS.
ALL ARE RESIDING AT
DODDETHENAHALLI VILLAGE AND POST HONNALI
DAVANAGERE DISTRICT-577 223.
APPELLANT Nos. 2 AND 3 BEARING A MINORS
REPRESENTED BY FATHER AND NATURAL
GUARDIAN SRI.PRAKASH D.M
S/O LATE MALLESHAPPA.
…APPELLANTS
(BY SRI. GURUDEVA PRASAD K T, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
AND:
THE MANAGING DIRECTOR (KSRTC)
MOTOR CLAIMS HUB,
DOUBLE ROAD,SHANTHI NAGAR,
BENGALURU- 560 027.
…RESPONDENT
(BY SRI. JAGADEESH G S & GURUBASAPPA E S, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:21.10.2021
PASSED IN MVC No.1212/2020 ON THE FILE OF THE XVII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER,
MACT, MAYO HALL UNIT, BENGALURU SCCH-21, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by claimants challenging
contributory negligence attributed to the deceased at 20%
and seeking enhancement of compensation awarded in the
judgment and award dated 21.10.2021 passed in MVC
No.1212/2020 by XVII Additional Judge, Court of Small
Causes and Member MACT Bengaluru (SCCH-21).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
2. The claimants made a claim petition praying to
award compensation for the death of M.S. Deepa in a road
traffic accident occurred on 23.03.2019 contending that
the accident occurred due to the rash and negligent
driving of driver of the bus bearing No.KA-40/F-0981. The
Tribunal after recording evidence, appreciating evidence
on record, has assessed the compensation as under;
Amount in
Heads
(Rs.)
13,98,012/-
Loss of dependency (for loss of service
rendered in managing the household)
and loss of estate
40,000/-
Compensation towards loss of
consortium to petitioner No.1
1,00,000/-
Compensation towards Love and
affection to petitioners Nos.2 and 3
15,38,012/-
Total
3,07,602.40/-
Less: 20% contributory negligence of
deceased
15,000/-
Less: Interim compensation paid by
respondent
12,15,409/-
Total compensation payable to the
petitioners
915,38,012-3,07,602.40-15,000)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
3. The Tribunal erred that the deceased has also
contributed to the accident and attributed contributory
negligence at 20% and awarded only 80% of the
compensation assessed with interest at the rate of 6% per
annum from the date of petition till realization. Claimants
challenging the said contributory negligence attributed to
the deceased and seeking enhancement of the
compensation awarded by the Tribunal have filed the
present appeal.
4. Heard learned counsel for appellants and
learned counsel for respondent –KSRTC.
5. Learned counsel for appellants would contend
that charge sheet has been filed against the driver of the
bus for rash and negligent driving. There were no tyre
marks on the road at the time of the accident. Ex.P4 -
sketch does not indicate any tyre marks on the road in the
spot of the accident. Therefore, the contributory
negligence attributed to the deceased is not proper. He
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
further contended that the deceased was working as
security guard in SLV Security Services Pvt. Ltd., and
getting gross salary of Rs.14,871/- as per Ex.P10 -salary
certificate for the month of August -2019 and after
deducting Rs.200/- towards the professional tax the net
salary is Rs.14,671/- is to be taken as against Rs.14,559/-
as taken by the Tribunal. The deceased was also
homemaker and due to the accident, claimant No.1 -
husband and claimant Nod.2 and 3 -children have lost the
contribution of the deceased towards the smooth
functioning of the house holds and maternal support for
children and spousal support to the husband and
therefore, the loss of domestic care is to be taken at
Rs.30,000/- per month. The said amount is to be taken
apart from the income of the deceased as held by the
Hon’ble Apex Court in the case of S hishu Pal @ Shish
1
Ram & Ors Vs Surjeet & Ors . With this, he prays to
allow the appeal.
1
In 2026 INSC 634
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
6. Learned counsel for respondent would contend
that the children of the deceased are getting monthly
income from ESI and husband –claimant No.1 is not
dependent on the income of the deceased and therefore,
they are not entitled for loss of dependency. There are no
grounds for enhancement compensation. The Tribunal has
rightly held that there is contributory negligence on the
part of the deceased and assessed it at 20%. With these,
he prays to dismiss the appeal.
7. Having heard learned counsels, the Court has
perused the impugned judgment, award and trial Court
records.
8. The following points arises for consideration:
i) Whether the Tribunal is justified in attributing
contributory negligence on the part of the
deceased and assessing it at 20%?
ii) Whether there are any grounds for
enhancement of the compensation awarded by
the Tribunal?
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
Reasons to point No.1: The accident occurred on
23.09.2019 at about 11:45 a.m. The deceased – N.S.
Deepa, at the time of the accident was crossing the road in
front of Anand Bhavan Hotel, Benniganahalli, Bengaluru.
The driver of KSRTC bus bearing registration NO.KA-40/F-
0981 dashed against the deceased. As a result, the
deceased sustained injuries and died on the way to the
hospital. The charge sheet has been filed against the
driver of the bus due to rash and negligent driving. The
accident took place near median of road and that clearly
indicates that it is not the spot for crossing the road by the
pedestrians. Since there are no brake/tyre marks on the
spot, more contributory negligence is to be attributed to
the driver of the bus. Considering the said aspect, the
Tribunal has rightly attributed contributory negligence on
the part of the deceased and assessed the contributory
negligence of the deceased at 20% and the driver of the
bus at 80%. The Tribunal has not committed any error in
that regard. Accordingly, point No.1 is answered.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
9. Reasons to Point No.2: The accident occurred
on 23.09.2019 and as on the date of accident the
deceased was aged 27 years and she was working as
security guard in SLV Security Services Private Limited.
Ex.P9 is offer letter and Ex.P10 are 06 pay slips of the
deceased. One of the pay slip for the month of August -
2019 indicate that the gross pay of the deceased is
Rs.14,871/-. The only deduction is to be towards
professional tax in a sum of Rs.200/-. Therefore, the net
pay of the deceased is Rs.14,671/- (Rs.14,871/- less
Rs.200/-) as against Rs.14,559/- as taken by the Tribunal.
10. Claimants are husband and two children of the
deceased. The deceased apart from working as secretary
guard was taking care of family consisting of claimants. In
view of the death of the deceased, the claimants have lost
deceased's contribution towards smooth functioning of the
household, matrimonial support for children and spousal
support to the husband.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
11. The Hon'ble High Court in the case of Shishu
Pal (supra) has observed as under:
Loss Of Domestic Care: An Additional Head
20. It is in these circumstances, that we deem it
appropriate to direct that when a Motor Accidents
Claim Tribunal or the High Court or this Court is
concerned with or a case involving the death of a
homemaker, in order to overcome the inherent
disadvantage accrued against the homemaker on a
calculation of compensation on the basis of
conservatively computed notional income and while
being acutely aware of the dictum in Pranay Sethi
(supra) regarding loss of consortium as also the
disposition towards uniformity, that for the three
major heads (the homemaker’s contribution towards
smooth functioning of the household, the loss of
maternal support for children and loss of spousal
support/the support and care of their child who is an
adult, for the parents of the deceased) discussed in
the foregoing paragraphs, a composite sum of
Rs.30,000/- shall be added under the head of ‘loss of
domestic care’, provided that all three of these heads
are met in the given case. This determination shall
be revised by 10%, cumulatively, every three years.
It may be clearly stated that this amount of
Rs.30,000/- i.e., loss of domestic care is to be taken
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
as a ‘stand-in’ (basic minimum monthly income) for
monthly income in those cases where the
homemaker does not have an input into the house,
in strictly conventional, monetary terms. In those
cases where the homemaker is part of the workforce,
the component of loss of domestic care shall be in
addition to the monthly income as may be proved
before the Tribunal/Courts.
In view of the said decision, the loss of domestic care
is to be taken at Rs.30,000/- per month. In the said
decision, the Hon’ble Apex Court held that the said loss of
domestic care shall be in addition to the monthly income
of the deceased. Therefore, the income of the deceased
plus loss of domestic care is Rs.44,671/- (Rs.14,671/-
+Rs.30,000/-). Since claimants are three dependents,
rd
1/3 is to be deducted towards personal expenses of the
deceased and multiplier applicable is ‘17’. Since the
deceased was aged 27 years, future prospectus are to be
added at 40%. In view of the above, the loss of
dependency/domestic care is calculated as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
rd
Rs.44,671/- x12= Rs.5,36,052/- less 1/3 =
Rs.3,57,368/- x 17 + 40% = Rs.85,05,358/-.
12. The claimants being husband and two children
Rs.
are entitled to consortium in a sum of 40,000/- each
i.e., Rs.1,20,000/-. The claimants are also entitled to
funeral expenses of Rs.15,000/- and loss of estate of
Rs.15,000/-.
13. In view of the above, the total compensation
assessed under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency/domestic 85,05,358/-
care
02. Loss of consortium 1,20,000/-
03. Loss of estate 15,000/-
04. Loss of funeral expenses 15,000/-
Total 86,55,358/-
Claimants are entitled to total compensation of
Rs.86,55,358/- as against Rs.15,38,012/- as awarded by
the Tribunal. The contributory negligence attributed to the
deceased is 20% and therefore, 20% is to be deducted
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
from the total compensation assessed. Apart from that,
claimants have received Rs.15,000/- towards interim
compensation from the respondent and that is required to
be deducted. Hence, claimants are entitled compensation
as under:
Rs.86,55,358/- less 20% (Rs.17,31,072/-) =
Rs.69,24,286/- less Rs.15,000/- = Rs.69,09,286/-
14. In view of above, claimants are entitled to
enhanced compensation of Rs.56,93,886/-
(Rs.69,09,286/- less Rs.12,15,400/-) with interest at the
rate of 6% per annum from the date of petition till
realization. The respondent is liable to pay the said
enhanced compensation with interest. Accordingly, point
No.2 is answered.
15. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) Appellants -claimants are entitled to enhanced
compensation of Rs.56,93,877/- with interest at
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58920
MFA No. 4429 of 2025
CNR: KAHC010378542025
the rate of 6% per annum from the date of
petition till realization.
iii) Claimants are entitled to compensation in the
ratio of 50:25:25.
iv) The share of claimant Nos.2 and 3 -minors shall
be kept in fixed deposit in their name in
Karnataka Bank, City Civil Court Branch,
Bengaluru till they attain majority.
v) Out of the share of claimant No.1 -appellant
No.1, 50% shall be released to him, and the
remaining 50% shall be kept in fixed deposit in
his name in Karnataka Bank, City Civil Court
Branch, Bengaluru for a period of 05 years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 2 Sl No.: 64
Ct.sm