SMT ASFIYA BANU vs THE MANAGING DIRCTOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
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. 6187 OF 2026
(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL No. 1752 OF 2026
(MV-D)
IN MFA No. 6187/2026
BETWEEN:
1. SMT. ASFIYA BANU
W/O. LATED MOHAMMED AMJAD
AGED ABOUT 34 YEARS.
2. MOHAMMED ARHAM
S/O. LATE. MOHAMMED AMJAD
AGED ABOUT 13 YEARS.
3. MOHAMMED ARSALAN
S/O. LATE. MOHAMMED AMJAD
AGED ABOUT 10 YEARS.
4. MOHAMMED ARSALAN
S/O. LATE. MOHAMMED AMJAD
AGED ABOUT 5 YEARS.
PETITIONER No.2 TO 4 ARE MINORS
THEY ARE REPRESENTED BY
ST
1 APPELLANT MOTHER AS A NATURAL GUARDIAN.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
ALL THE APPELLANTS ARE R/AT
TH
96, 4 MAIN ROAD
TH
5 CROSS SHAMANNA GARDEN
BENGALURU – 560 026.
NOW ALL THE APPELLANTS ARE RESIDENT OF
TH
4 CROSS, SRI RAM NAGARA TUMKURU TALUK
TUMKUR DISTRICT – 577 101.
…APPELLANTS
(BY SRI. MALLIKARJUN B RYAKHA, ADVOCATE)
AND:
THE MANAGING DIRCTOR
REP BY CHENNAPPA GOWDA
DIVISIONAL CONTROLLER OF CHICKBALLAPURA
KSRTC, CHIKKABALLAPURA
DIVISON CHICKKABALLAPURA- 562 101.
BRANCH OFFICE
THE MANAGING DIRECTOR
KARNATAKA STATE ROAD
TRANSPORTATION CORPORATION
TUMAKURU DIVISION BEHIND
PRASHANTH TALKIES, OPPOSITE TO GUBBI
VEERANNA KALASHETRA
TUMKURU DISTRICT-577 101.
…RESPONDENT
(BY SRI. JAGADEESH G S, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:12-09-2025
PASSED IN MVC No.1569/2023 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
IN MFA No. 1752/2026
BETWEEN:
THE MANAGING DIRECTOR
DIVISION CONTROLLER OF CHIKKABALLAPURA
KSRTC, CHIKKABALLAPUR DIVISION
CHIKKABALLAPURA BRANCH OFFICE
THE MANAGING DIRECTOR KSRTC
TUMAKUR DIVISION, BEHIND PRASHANTHA TALKIES
OPPOSITE TO GUBBI VEERANNA KALASHETRA
TUMAKUR, DISTRICT.
REP. BY ITS CHIEF LAW OFFICER
CENTRAL OFFICES, K. H. ROAD
SHANTHINAGAR, BENGALURU-560 027.
...APPELLANT
(BY SRI. JAGADEESH G S, ADVOCATE)
AND:
1. ASFIYA BANU
W/O MOHAMMED AMJUAD
AGED ABOUT 34 YEARS
2. MOHAMMED ARHAM
S/O MOHAMMED AMJUAD
AGED ABOUT 13 YEARS.
3. MOHAMMED ARSALAN
S/O MOHAMMED AMJUAD
AGED ABOUT 10 YEARS.
4. MOHAMMED ARSALAN
5/O MOHAMMED AMJUAD
AGED ABOUT 05 YEARS.
ALL ARE RESIDING AT No.96, MAIN ROAD
TH
5 CROSS, SHAMANNA GARDEN
BANGALORE-560 026.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
RESPONDENT No.2 TO 4 ARE MINORS
THEY ARE PRESENTED BY THEIR
NATURAL GUARDIAN AND NEXT FRIEND
R RESPONDENT No.1.
NOW ALL THE RESPONDENTS ARE
TH
R/AT 4 CROSS, SRI RAM NGARA TUMAKUR TALUK
TUMAKURU DISTRICT.
...RESPONDENTS
(BY SRI MALLIKARJUN B RYAKHA, ADVOCATE)
THIS MFA IS FILED UNDER SECTON 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:12.09.2025
PASSED IN MVC No.1569/2023 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND CJM TUMAKURU,
AWARDING COMPENSATION OF Rs.22,45,000/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1.
MFA No. 6187/2026 is filed by the claimants
seeking enhancement of the compensation awarded in
MVC No. 1569/2023 and MFA No. 1752/2026 is filed by
the KSRTC challenging the liability fastened on it to pay
the amount awarded in the judgment and award dated
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
12.09.2025 passed in MVC No. 1569/2023 by the I
Additional Senior Civil Judge and MACT, Tumakuru.
2. Claimants made a claim petition praying to
award compensation for the death of Mohammed Amjad in
a road traffic accident that occurred on 17.10.2023
contending that the accident occurred due to the rash and
negligent driving by the driver of the bus bearing
registration No. KA-40-F-1123. The Tribunal after
recording evidence, appreciating the evidence on record,
assessed the compensation and awarded compensation
under different heads as under:
1 Loss of dependency Rs.20,25,000/-
2 Loss of consortium Rs.40,000/-
3 Loss of love and affection Rs.1,50,000/-
4 Funeral expenses and Rs.15,000/-
transportation of dead body
5 Loss of estate Rs.15,000/-
Total Rs.22,45,000/-
3. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed the KSRTC to deposit the said
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
award amount with interest. Claimants have filed the
appeal seeking enhancement of the compensation
awarded and the KSRTC has filed the appeal challenging
the liability fastened on it.
4. Heard learned counsel for KSRTC and learned
counsel for claimants.
5. Learned counsel for KSRTC would contend that
the deceased was traveling in Autorickshaw bearing
registration No. KA-05-AE-7075 and driver of the said
Autorickshaw was not holding Driving License to drive the
Autorickshaw and at the time of accident, the driver was
not having the permit to drive the Autorickshaw in
Gowribidanuru and he violated the permit. As per Ex.P.4 –
sketch, accident occurred in the middle of the road and
therefore there is negligence on the part of the driver of
the Autorickshaw. Considering the same, the Tribunal
ought to have dismissed the claim petition filed against the
KSRTC.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
6. Learned counsel for claimants would contend
that charge sheet – Ex.P.10 is filed against the driver of
the bus for rash and negligent driving and for offence
under Sections 279, 338 and 304-A of IPC. The accident
occurred on the right side of the road on which the driver
of the bus was riding and it clearly indicates the rash and
negligent driving by the driver of the bus. Considering the
same, the Tribunal has rightly held that the accident
occurred due to the rash and negligent driving by the
driver of the KSRTC bus. He further submits that the
deceased was aged 36 years as on the date of accident;
the notional income fixed for the year 2023 is Rs.16,250/-
and it is to be taken as against Rs.15,000/- taken by the
Tribunal. The Tribunal has not added 40% escalation. The
Tribunal has not awarded consortium to all the claimants
adding 20% escalation. The Tribunal has not added 20%
escalation on funeral expenses and loss of estate.
7. Having heard learned counsel for the parties,
this Court has perused the judgment and award.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
8. The following points arise for consideration in
these appeals:
I. Whether the Tribunal is justified in fastening the
liability on the KSRTC?
II. Whether there are any grounds for enhancement
of the compensation awarded by the Tribunal?
9. REASONS ON POINT No. I : The accident
occurred on 17.10.2023 at 04.30 pm. Claimant was
traveling in Autorickshaw bearing registration No. KA-05-
AE-7075. KSRTC bus bearing registration No. KA-40-F-
1123 came and dashed to the Autorickshaw. Ex.P.10 is the
charge sheet and it is filed against the driver of the bus for
rash and negligent driving, for offence under Sections 279,
338 and 304-A IPC. Ex.P.4 is the sketch of the spot of
accident and on perusal of Ex.P.4 it is seen that the
accident has taken place on the right side of the road on
which the bus was moving and on the left side of the road
on which the Autorickshaw was moving. That clearly
indicates that the bus came to right side and dashed to the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
Autorickshaw coming on the opposite side, on its proper
side, i.e., left side.
10. Claimant being a third party, violation of permit
has nothing to do with the liability to pay the
compensation amount by the KSRTC. Considering the
same, the Tribunal has rightly held that the accident
occurred due to the sole rash and negligent driving by the
driver of the bus. Accordingly, point No. I is answered.
11. REASONS ON POINT No. II: The accident
occurred on 17.10.2023 and as on the date of accident
deceased was aged 36 years. Considering the said age of
the deceased, the Tribunal has rightly applied the
multiplier `15’. Notional income fixed for the year 2023 is
Rs.16,250/- and the said income is to be taken as against
Rs.15,000/- taken by the Tribunal. The Tribunal has rightly
th
deducted 1/4 towards the personal expenses of the
deceased. The Tribunal has not added 40% future
prospects. In view of the decision of the Hon’ble Apex
Court in the case of National Insurance Company Vs
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
Pranay Sethi and Others reported in AIR 2017 SC
5157 future prospects are to be added at 40% since the
deceased was aged 36 years.
12. In view of the above, loss of dependency is
calculated as under:
16,250 + 40 % = Rs.22,750/-
22,750 – ¼ = Rs.17,063/-
17063 X 12 X 15 = Rs.30,71,340/-
13. Claimants being wife and three minor children
of the deceased are entitled to consortium with 20%
escalation since the accident has taken place after six
years from the decision in the case of Pranay Sethi
(supra) . Therefore, claimants are entitled to consortium
in a sum of Rs.1,92,000/- (Rs.48,000 X 4) as against
Rs.40,000/- awarded by the Tribunal towards loss of
consortium and Rs.1,50,000/- towards loss of love and
affection.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
14. Even though the Tribunal has awarded loss of
estate and funeral expenses and transportation of dead
body, it has not added 20% escalation. Therefore,
claimants are entitled to funeral expenses of Rs.18,000/-
and loss of estate in a sum of Rs.18,000/-.
15. In view of the above, claimants are entitled to
total compensation under various heads as under:
1 Loss of dependency Rs.30,71,370.00
2 Loss of consortium Rs.1,92,000.00
3 Funeral expenses Rs.18,000.00
4 Los of estate Rs.18,000.00
5
Total Rs.32,99,370.00
16. Considering the above aspects claimants are
entitled to total compensation of Rs.32,99,370/- as
against Rs.22,45,000/- awarded by the Tribunal with
interest. Accordingly, point No. II is answered.
17. Consequently, claimants are entitled to
enhanced compensation of Rs.10,54,370/- with interest at
the rate of 6% p.a. from the date of petition till the date of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
realization. KSRTC is liable to pay the said enhanced
compensation with interest. Claimants are not entitled to
interest for the delay period of 249 days in filing the
appeal as per the order dated 06.10.2026 passed on I.A.
No. 1/2026.
18. In view of the above, the following;
O R D E R
i. Appeal filed by the KSRTC in MFA No. 1752/2026 is
dismissed.
ii. Appeal filed by the claimant in MFA No. 6187/2026
is allowed in part.
iii. Claimants are entitled to enhanced compensation
of Rs.10,54,370/- with interest at the rate of 6%
p.a. from the date of petition till the date of
realization.
iv. KSRTC shall deposit the enhanced compensation
with interest before the Tribunal within six weeks
from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 13 -
HC-KAR
NC: 2026:KHC:60963
MFA No. 6187 of 2026
C/W MFA No. 1752 of 2026
CNR: KAHC010575862026
v. Claimants are not entitled to interest for the
delay period of 249 days.
vi. Claimants are entitled to enhanced compensation
in the ratio of 70 : 10 : 10 : 10.
vii. Out of the share of claimant No.1 , 50% shall be
released to her and remaining 50% shall be kept in
Fixed Deposit in her name with any
nationalized/schedule Bank for a period of 3 years.
viii. Entire share of claimant Nos. 2 to 4 in the
enhanced compensation shall be kept in Fixed
Deposit in their names with any
nationalized/schedule Bank till they attain majority
ix. Amount in deposit is ordered to be transmitted to the
Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 0
Ct.sm