[Cites 1, Cited by 0]
Karnataka High Court
Jyothi vs The Divisional Controller on 28 November, 2025
-1-
NC: 2025:KHC:49606-DB
MFA No. 10347 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCELLANEOUS FIRST APPEAL NO. 10347 OF 2018 (MV-D)
BETWEEN:
1. JYOTHI
W/O LATE MOHANKUMAR,
AGED ABOUT 32 YEARS
2. M.M.SACHIN
S/O LATE MOHAN KUMAR,
AGED ABOUT 13 YEARS
Digitally signed
by PANKAJA S
Location: HIGH 3. M.M.DARSHAN
COURT OF
KARNATAKA S/O LATE MOHAN KUMAR,
AGED ABOUT 11 YEARS
4. BEEREGOWDA
S/O LATE PUTTEGOWDA
AGED ABOUT 65 YEARS
5. KERAGAMMA
W/O BEEREGOWDA
-2-
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MFA No. 10347 of 2018
HC-KAR
AGED ABOUT 61 YEARS
SINCE APPELLANT NOS.2 AND 3
ARE MINORS, REPRESENTED BY
THEIR NATURAL GUARDIAN
AND MOTHER 1ST APPELLANT,
ALL ARE R/O AT
MENAGANAHALLI KOPPALU VILLAGE
& DAKHALE, HALLIMYSORE HOBLI,
H.N.PURA TALUK, HASSAN DISTRICT-573 210
...APPELLANTS
(BY SRI. MURTHY D L, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
KSRTC HASSAN DIVISION,
HASSAN DISTRICT-573 201
...RESPONDENT
(BY SRI. F.S. DABALI, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 02.04.2016 PASSED IN MVC
NO.1344/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC, MACT, HOLENARASIPUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:49606-DB
MFA No. 10347 of 2018
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K)
1. In respect of an accident, which is not in dispute and
which has occurred on 19.07.2014, the Tribunal has
awarded a sum of Rs.9,70,000/- as compensation for the
death of one Mohan Kumar.
2. The learned counsel for the claimants contended that
though the accident has occurred solely due to the rash
and negligent driving of the driver of the KSRTC bus, the
Tribunal has erred in attributing 50% contributory
negligence on the part of the rider of the motorcycle -
deceased. He further contended that that the sums
awarded by the Tribunal under different heads are
meager. He also contended that the Tribunal has not
properly assessed the income of the deceased, who was
doing business of domestic animals. As such, he prays to
allow the appeal by enhancing the compensation.
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HC-KAR
3. Per contra, learned counsel for the KSRTC contended
that the Tribunal has rightly attributed 50% contributory
negligence on the part of the deceased. He also contended
that the sums awarded under different heads are
exorbitant. As such, he prays to dismiss the appeal.
4. We have carefully perused the impugned award and
also the Trial Court records.
5. The accident in question is not in dispute. However,
as regards the contributory negligence, since the spot
mahazar and sketch along with photographs indicates the
contributory negligence on the part of the rider of the
motorcycle and that the claimants have failed to prove
that the accident has occurred solely due to rash and
negligent driving of the driver of the KSRTC bus, we are of
the opinion that the Tribunal has rightly attributed 50%
contributory negligence on the part of the rider of the
motorcycle - deceased.
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HC-KAR
6. As regards quantum of compensation, since the
accident was of the year 2014, it would be appropriate to
adopt the notional income determined by the Karnataka
State Legal Services, which would be Rs.8,500/-. Since the
deceased was aged 32 years as on the date of the
accident and was self employed, 40% requires to be added
towards future prospects and the multiplier to be adopted
is '16' and 1/4th requires to be deducted towards personal
expenses. Thus, the claimants would be entitled to the
loss of dependency at Rs.17,13,600/- (Rs.8,500 + 40%
- 1/4 X 12 X 16).
7. The claimants, being the wife, children and parents
of deceased, would be entitled to Rs.48,400/- each
towards loss of consortium and Rs.36,300/- under
conventional heads as per the judgment in the case of
NATIONAL INSURANCE COMPANY LIMITED VS.
PRANAY SETHI & OTHERS - (2017) 16 SCC 680.
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HC-KAR
8. Thus, the claimants, in modification of the impugned
award, would be entitled to the following sums:
Sl.
Amount
Particulars (In
Rs.)
1. Loss of Dependency 17,13,600
2. Loss of Consortium 2,42,000
3. Conventional Heads 36,300
Total 19,91,900
9. Thus, the claimants would be entitled for
compensation of Rs.9,45,950/- (50% of Rs.19,91,900/-
and after deduction of Rs.50,000/- paid as interim
compensation) along with interest at the rate of 6% per
annum from the date of petition till its realization.
However, the claimants are not entitled for interest for the
delayed period as per order dated 19.06.2025.
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HC-KAR
10. The KSRTC is directed to deposit the amount of
compensation awarded within a period of two months from
the date of receipt of a certified copy of this judgment.
11. The apportionment of compensation would be in
terms of the award of the Tribunal.
12. Accordingly, the appeal of the claimants is allowed
in part.
SD/-
(D K SINGH)
JUDGE
SD/-
(RAJESH RAI K)
JUDGE
PKS
