Karnataka High Court
Transport, Maritime, and Aviation LawCivil Law

A married deceased’s dependency compensation requires a one-third personal-expense deduction and 10% future prospects.

BANDAWWA W/O KALLAPPA TELI vs THE DIVISIONAL CONTROLLER KSRTC

Karnataka High CourtJUDGMENT: September 01, 20262 MIN READSOURCE JUDGMENT
A married deceased’s dependency compensation requires a one-third personal-expense deduction and 10% future prospects.. BANDAWWA W/O KALLAPPA TELI vs THE DIVISIONAL CONTROLLER KSRTC. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, daughter of the deceased Kallawwa, sought compensation under Section 166 of the Motor Vehicles Act, 1988, for her mother’s death after a KSRTC bus ran over her on 17 October 2018

Source reference: pp. 2–3

The Tribunal awarded Rs. 7,52,000, including Rs. 6,34,500 for loss of dependency, based on a notional monthly income of Rs. 11,750, a 50% deduction for personal expenses and multiplier 9

Source reference: pp. 4–5

The claimant appealed under Section 173(1), seeking enhancement, including on account of future prospects, the deduction for personal expenses, and consortium

Source reference: pp. 1, 5
02

Issues

Whether the claimant was entitled to enhanced compensation, including revised loss of dependency and amounts for future prospects and consortium

Source reference: p. 6; pp. 8–9
03

Law Applied

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173(1) of that Act

Source reference: pp. 1, 2

For calculating loss of dependency, the Court applied the multiplier corresponding to the deceased’s age under Sarla Verma v. Delhi Transport Corporation, which it identified as supporting multiplier 9 for the relevant age group

Source reference: p. 5

It accepted the Karnataka State Legal Services Authority chart as the basis for assessing notional income where the deceased had no established permanent employment or proved income

Source reference: p. 8

The Court also applied a 10% addition for future prospects, a one-third deduction for personal and living expenses, and awarded Rs. 40,000 for consortium

Source reference: pp. 8–9
04

Reasoning

The Court upheld the Tribunal’s notional monthly income of Rs. 11,750 and multiplier 9, finding no evidence to establish a higher actual income

Source reference: p. 8

It found that the Tribunal had deducted too much for personal expenses and held that a one-third deduction was appropriate; it also added 10% for future prospects, which the Tribunal had omitted

Source reference: p. 8

The Court further awarded Rs. 40,000 for consortium and retained the medical expenses award.

Source reference: p. 8

It treated the funeral expenses and loss of estate together as just and proper at Rs. 30,000

Source reference: pp. 8–9
05

Holding

The appeal was allowed in part, and the Tribunal’s award was modified

The compensation table sets the revised total at Rs. 10,87,867, with interest at 6% per annum from the date of the petition until realization; the Tribunal’s apportionment, deposit and release directions were maintained, and the respondent was directed to deposit the amount within eight weeks

Source reference: pp. 9–11

The judgment contains an apparent inconsistency: paragraph 20 states Rs. 10,47,867, while the compensation table and operative order state Rs. 10,87,867; the order also incorrectly describes Rs. 10,47,867 as the Tribunal’s award, although the Tribunal’s award is stated as Rs. 7,52,000

Source reference: pp. 4, 9–10
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19882

Karnataka High Court

Original Court PDF

BANDAWWA W/O KALLAPPA TELIvsTHE DIVISIONAL CONTROLLER KSRTC

Karnataka High Court · September 01, 2026

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