Karnataka High Court
Karnataka State Road Transport ... vs Smt. Sumithra on 4 June, 2025
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NC: 2025:KHC:18898
MFA No. 3875 of 2021
C/W MFA No. 380 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 3875 OF 2021 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 380 OF 2023 (MV-D)
IN MFA No. 3875/2021:
BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION
THE MANAGING DIRECTOR
MYSURU DIVISION
NEAR BANNIMANTAP
MYSURU - 570 001.
...APPELLANT
(BY SRI. KARTHIKEYAN B S. AND RAMYA N. HIRIYUR,
ADVOCATES)
Digitally signed AND:
by MEGHA
MOHAN
1. SMT. SUMITHRA
Location: HIGH
COURT OF W/O NANJAPPACHARI
KARNATAKA AGED ABOUT 33 YEARS
2. SRI NANJAPPACHARI
S/O VISHAKANTHACHARI
AGED ABOUT 45 YEARS
3. SRI NAVEEN
S/O NANJAPPACHARI
AGED ABOUT 19 YEARS
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MFA No. 3875 of 2021
C/W MFA No. 380 of 2023
HC-KAR
4. KUM. NIMITHA
D/O NANJAPPACHARI
AGED ABOUT 19 YEARS
ALL ARE R/AT MADHUGIRI KOPPALU
BANNIKUPPE POST, HUNSUR,
MYSURU TALUK AND DISTRICT - 571 105.
...RESPONDENTS
(BY SRI. BHANU PRAKASH H V.,ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988
AGAINST THE JUDGMENT AND AWARD DATED 29.01.2021
PASSED IN MVC NO. 1045/2018 ON THE FILE OF THE PRL.
JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER,
MACT, MYSURU, AWARDING COMPENSATION OF
RS.19,99,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALIZATION.
IN MFA NO. 380/2023:
BETWEEN:
1. SMT. SUMITHRA
W/O NANJAPPACHARI
AGED ABOUT 35 YEARS
(MOTHER OF DECEASED)
2. SRI NANJAPPACHARI
S/O VISHAKANTHACHARI
AGED ABOUT 47 YEARS
(FATHER OF DECEASED)
3. SRI NAVEEN
S/O NANJAPPACHARI
-3-
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MFA No. 3875 of 2021
C/W MFA No. 380 of 2023
HC-KAR
AGED ABOUT 21 YEARS
(BROTHER OF DECEASED)
4. NIMITHA
D/O NANJAPPACHARI
AGED ABOUT 21 YEARS
(SISTER OF DECEASED)
ALL ARE R/AT: MADHUGIRI KOPPALU
BANNIKUPPE POST,
HUNSUR, MYSURU TALUK
AND DISTRICT -571105.
...APPELLANTS
(BY SRI. BHANU PRAKASH H V., ADVOCATE)
AND:
THE DIVISIONAL MANAGER,
K. S. R. T. C., MYSURU DIVISION
NEAR BANNIMANTAP
MYSORE -570015.
(INTERNAL INSURER OF K.S.R.T.C.
BUS KA-11-F-0421)
...RESPONDENT
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 19.01.2021 PASSED
IN MVC NO. 1045/2018 ON THE FILE OF THE PRL. JUDGE,
COURT OF SMALL CAUSES AS A PRESIDING OFFICER,
MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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MFA No. 3875 of 2021
C/W MFA No. 380 of 2023
HC-KAR
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the award passed in M.V.C.No.1045/2018
dated 29.01.2021, on the file of Motor Accidents Claims
Tribunal at Mysuru, both the Corporation as well as claimants
are before this Court. The claimants appeal is
M.F.A.No.380/2023 and the Corporation appeal is
M.F.A.No.3875/2021.
2. The claim petition is filed seeking compensation for
the death of the deceased in the accident by the claimants who
are four in number. It is the case of the claimants that the
salary of the deceased was Rs.14,701/- for the month of April-
2018, during the month of May-2018, his salary was
Rs.10,972/- and for the month of June-2018, his salary was
Rs.9,868/-. The Court had taken the average salary of
Rs.12,000/- p.m. and granted the compensation of an amount
of Rs.19,99,500/-.
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3. Learned counsel appearing for the Corporation
submits that if patterned, the salary is reducing from month-to-
month and the Court without any basis has taken at
Rs.12,000/- as salary which is on the higher side and further it
is submitted that the future prospects were taken at 50%. It is
submitted that the amount of compensation awarded by the
Tribunal is on the higher side.
4. Learned counsel appearing for the claimants
submits that the Court ought to have deducted 1/4th towards
'personal expenses'. Further, the Court ought to have taken
Rs.14,000/- as salary and taking salary at Rs.12,000/- is on
the lower side. It is further submitted that even on the
conventional heads also, the amount that is granted by the
Tribunal is not just and reasonable and as such, the amounts
needs to be enhanced.
5. This Court having heard the learned counsels on
either side, perused the material on record. The salary for the
month of April was Rs.14,701/-, for the moth of may was
Rs.10,972/- and during the month of June it was Rs.9,868/-
The accident had taken place in the month of July. The Court
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had taken average at Rs.11,847/-. But however, it was rounded
off Rs.12,000/-. Considering the salary for different months,
this Court is of the view that Rs.11,500/- can be taken as
salary. Coming to the future prospects, he is entitled for future
prospects at 40%, it comes to Rs.4,600/-. Then the salary is
Rs.16,100/-. If 50% is deducted towards his personal expenses
then his contribution to the family is Rs.8,050/-. Therefore, the
'loss of dependency' would be Rs.17,38,800/- (Rs.8,050 x
12 x 18). The claimants being the parents and siblings,
they would each be entitled to a sum of Rs.44,000/-
towards "loss of consortium" i.e., in all Rs.1,76,000/-.
Towards 'funeral expenses', this Court is granting an
amount of Rs.Rs.36,000/-.
6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.Mekala vs. M. Malathi and
Another1, the claimants are entitled for an amount of
Rs.10,000/- towards legal expenses.
(2014) 11 SCC 178
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HC-KAR
7. The claimants are therefore, entitled to the
compensation under the following heads:
SL. Heads Compensation Compensation
No. Awarded by Awarded by
Tribunal this Court
1. Compensation : Rs. 1,60,000.00 1,76,000.00
towards loss of
consortium
2. Towards estate : Rs. 15,000.00 --
Towards
3. transportation and : Rs. 25,000.00 36,000.00
funeral expenses
Towards loss of :
4. Rs. 20,14,500.00 17,38,800.00
dependency
5. Legal expenses : Rs. -- 10,000.00
TOTAL : Rs. 20,14,500.00 19,60,800.00
Less: interim
: Rs. 15,000.00 15,000.00
compensation
TOTAL : Rs. 19,99,500.00 19,45,800.00
8. Altogether, the claimants are entitled for
compensation of an amount of Rs.19,45,800/-.
9. Accordingly, the appeal of the Corporation is partly
allowed by reducing the compensation amount from an
amount of Rs.19,99,500/- to Rs.19,45,800/-. Consequently,
the appeal of the claimants is dismissed.
i) The apportionment of the amount shall be as per
the order passed by the Tribunal.
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HC-KAR
ii) Registry is directed to return the Trial Court Records
to the Tribunal, along with certified copy of the
judgment passed by this Court forthwith without
any delay.
iii) Amount in deposit shall be forthwith transferred to
the Tribunal.
iv) No costs.
v) Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
KA
