SRI PRATHAP KUMAR K vs THE DIVISIONAL MANAGER
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 2486 OF 2025 (MV-D)
BETWEEN:
1. SRI PRATHAP KUMAR K
S/O KENDEGOWDA
S/O LATE NALLAPPA
AGED ABOUT 37 YEARS
2. SMT. ANUPRIYA .S
W/O PRATHAP KUMAR. K
AGED ABOUT 28 YEARS.
BOTH ARE RESIDING AT:
ARALAGADAKALLU VILLAGE
KODIHALLI HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT-52 119.
…APPELLANTS
(BY SRI. GIRIMALLAIAH, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER
KARNATAKA STATE ROAD TRANSPORT
CORPORATION (K.S.R.T.C)
RAMANAGARA DIVISION
IJOOR, RAMANAGARA TOWN
RAMANAGARA TALUK
DISTRICT- 562 159.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
2. MR. B.R. NAGARAJU
S/O LATE RAJAPPA
AGED ABOUT 58 YEARS
WORKING AS A DRIVER OF
K.S.R.T.C., DRIVER BADGE No. 3404
KANAKAPURA DEPO
KANAKAPURA TOWN
AND ALSO RESIDING NEAR
K.S.R.T.C., DEPO.- 562 117.
…RESPONDENTS
(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE FOR R1
V/O DTD. 25.04.2026, NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:04.01.2025
PASSED IN MVC No.442/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA ,
SIT AT KANAKAPURA, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellants/claimants seeking
enhancement of compensation awarded in judgment and
award dated 04.01.2025 passed in MVC No.442/2019 by the
II Additional District Judge, Ramanagara, sit at Kanakapura.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
2. Even though the appeal is listed today for admission,
it is taken up for disposal with the consent of learned counsel
for appellant and learned counsel for respondent
No.1/KSRTC.
3. The appellant made a claim petition praying to award
compensation for the death of Kum.Vinutha in a road traffic
accident occurred on 12.03.2019 contending that the
accident occurred due to rash and negligent driving of the
driver of KSRTC bus bearing Regn.No.KA-09-F-4880. The
Tribunal after recording the evidence of the parties,
appreciating the evidence assessed the compensation and
awarded compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency 1,50,000/-
02. Loss of love and affection from 50,000/-
deceased Vinutha
03. Funeral expenses 15,000/-
Total 2,15,000/-
4. The Tribunal also awarded interest @ 6% p.a. from
the date of petition till realization and directed respondent
No.1/KSRTC to deposit the award amount with interest. The
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
claimants seeking enhancement of compensation have filed
the present appeal.
5. Heard learned counsel for the appellant and learned
counsel for respondent No.1/KSRTC.
6. The accident occurred on 12.03.2019 and as on the
date of accident, the deceased was aged 2 ½ years. Learned
counsel for the appellant placing reliance on the decision of
Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari
(2025 ACJ 1986) would contend that in case of injury or
death of a minor, the minimum wages is to be taken and
compensation towards loss of dependency is to be awarded
by applying multiplier.
7. Learned counsel for respondent No.1 placing reliance
on Thangavel and others v. The Managing Director,
Tamil Nadu State Transport Corporation Limited (2025
INSC 949) would contend that in case of death of a minor,
the income is to be taken at Rs.5,000/- and loss of
dependency is to be calculated by applying multiplier. He
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
further submits that there is no question of adding future
prospects at 40%. Both the decisions relied upon by the
learned counsel for the appellants and learned counsel for
respondent No.1 are rendered on the same day i.e.
08.08.2025.
8. The deceased was residing in Kanakapura Taluka
which comes under Zone – 4 and minimum wages in different
industries for the year 2019 for a skilled workers is around
Rs.12,000/-. Therefore, the income of the deceased has to
be taken at Rs.12,000/- p.m. Whether it is a death case or
injury case, while awarding of compensation one is required
to consider future prospects. Considering the age of the
deceased and the decision of the Hon’ble Apex Court in the
case of Divya vs. National Insurance Company
Ltd.(2022 LiveLaw (SC) 892) and Reshma Kumari and
others vs. Madan Mohan and another(2013 SCC Online
SC 284) , the multiplier applicable is ‘15’ up to the age of 15
years. 50% of the income has to be deducted towards
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
personal expenses. In view of the above, the loss of
dependency is calculated as under:
Rs.12,000 x 12 = Rs.1,44,000 + 40% = Rs.2,01,600
Rs.2,01,600 – 50% = Rs.1,00,800 x 15 = Rs.15,12,000/-
9. The claimants are parents of the deceased and each
of them are entitled to consortium in a sum of Rs.40,000/-
i.e. total of Rs.80,000/-. The claimants are also entitled to
funeral expenses of Rs.15,000/- and loss of estate of
Rs.15,000/-.
10. In view of the above, the claimants are entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of dependency 15,12,000/-
02. Loss of consortium 80,000/-
03. Funeral expenses 15,000/-
04. Loss of estate 15,000/-
Total 16,22,000/-
11. Considering the above aspects, the claimants are
entitled to total compensation of Rs.16,22,000/- as against
Rs.2,15,000/- awarded by the Tribunal with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
Consequently, the claimants are entitled to enhanced
compensation of Rs.14,07,000/- with interest @ 6% p.a.
from the date of petition till realization. Respondent
No.1/KSRTC is liable to pay the said enhanced compensation
with interest.
12. In view of the above, the following:
ORDER
.
i) The appeal is allowed in part
ii) The appellants/claimants are entitled to
enhanced compensation of Rs.14,07,000/- with
interest @ 6% p.a. from the date of petition till
realization.
iii) Respondent No.1/KSRTC shall deposit the
enhanced compensation with interest before the
Tribunal within a period of six weeks from this
day.
iv) Appellants/claimants are entitled to 50% share
each in the enhanced compensation with
interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60831
MFA No. 2486 of 2025
CNR: KAHC010225802025
v) Out of the enhanced compensation, 50% of the
share of claimant Nos.1 and 2 shall be kept in
fixed deposit with Nationalised/Scheduled Bank
for a period of three years in their names and
remaining 50% shall be released to them.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 26
Ct.sm