Widow, 3 Children Get Compensation Raised To ₹32.99 Lakh After Karnataka HC Finds KSRTC Bus Crossed Into Oncoming Lane

In brief

The question

1. Whether the Tribunal was justified in fastening liability on KSRTC for the accident

The court held

The Court dismissed KSRTC’s appeal and partly allowed the claimants’ appeal. It held KSRTC liable and awarded enhanced compensation of ₹10,54,370, with interest at 6% per annum from the date of the petition to realization, except for the 249-day delay period in filing the claimants’ appeal.

It also directed

KSRTC was directed to deposit the enhanced amount and interest within six weeks. The enhanced compensation was apportioned 70:10:10:10; specified portions of the claimants’ shares were to be placed in fixed deposits.

01Facts

Mohammed Amjad died in a road traffic accident on 17 October 2023 when the autorickshaw in which he was travelling collided with a KSRTC bus. His wife and three minor children sought compensation, and the Tribunal awarded ₹22,45,000 with interest at 6% per annum, holding KSRTC liable.

pp. 5–6

The claimants appealed for enhancement; KSRTC appealed against liability, alleging negligence by the autorickshaw driver and violations relating to that vehicle’s driving licence and permit.

pp. 6–7

02Issues

i.1. Whether the Tribunal was justified in fastening liability on KSRTC for the accident

p. 8

ii.2. Whether the claimants were entitled to enhancement of the compensation awarded by the Tribunal

p. 8

03Law Applied

Under Section 173(1) of the Motor Vehicles Act, an aggrieved party may appeal against a Tribunal’s award.

In assessing compensation for a fatal motor accident, future prospects are added in accordance with National Insurance Company Ltd. v. Pranay Sethi, including an addition of 40% for a deceased aged below 40; the appropriate multiplier and deduction for personal expenses are applied in calculating loss of dependency.

pp. 9–10

The Court also applied a 20% increase to the conventional heads of consortium, funeral expenses, and loss of estate.

pp. 10–11

A third party’s liability claim is not defeated by permit violations concerning the autorickshaw.

p. 9

Provisions in the judgment · 3 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

Indian Penal Code, 1860 Section 279 Section 338

04Reasoning

The Court relied on the charge sheet and accident sketch: the sketch showed the bus had crossed onto the side of the road used by the oncoming autorickshaw, supporting the finding that the bus driver’s negligence caused the collision. The alleged licence and permit violations did not displace KSRTC’s liability to the deceased, a third party.

p. 9

For compensation, the Court accepted the deceased’s age as 36, applied a multiplier of 15, used the 2023 notional income of ₹16,250 per month, added 40% for future prospects, and deducted one-fourth for personal expenses.

pp. 9–10

It also enhanced consortium for the wife and three children and increased funeral expenses and loss of estate by 20%.

pp. 10–11