Karnataka High Court
The Divisional Regional Manager Apsrtc vs Channappa on 28 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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MFA No. 202012 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO. 202012 OF 2025 (MV-D)
BETWEEN:
THE DIVISIONAL REGIONAL MANAGER,
APSRTC, ANANTAPURAMU,
AP - 515 001.
...APPELLANT
(BY SRI MOHD. NAZEERUDDIN CHENGTA, ADVOCATE)
AND:
1. MR. CHANNAPPA
S/O MUDI EARAPPA,
Digitally signed by
VARSHA N RASALKAR AGED ABOUT 57 YEARS,
Location: HIGH
COURT OF
KARNATAKA
OCC: AGRICULTURE,
2. MRS. LALITAMMA
W/O CHANNAPPA,
AGED ABOUT 50 YEARS,
OCC: HOUSEHOLD,
3. MR. SHEKHARAGOUDA
S/O CHANNAPPA,
AGED ABOUT 29 YEARS,
OCC: STUDENT,
ALL RESIDENCE OF TIDIGOL VILLAGE,
TALUKA: SINDHANUR
DIST: RAICHUR - 584 128.
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MFA No. 202012 of 2025
HC-KAR
4. MR. MALLIKARJUN V.
S/O V. MALLESHA,
AGED ABOUT 39 YEARS,
OCC: DRIVER OF APSRTC BUS BEARING
REG NO.AP/20/Z 0313 APSRTC,
GUNTAKAL DEPOT, DIST. ANANTAPUR,
R/o 4 90, VIDAPANAKAL
DIST. ANANATAPUR, AP - 515 870.
...RESPONDENTS
(BY SMT. RAJESHWARI MALLINATH, ADVOCATE FOR R1 TO R3;
V/O DATED 03.07.2025, NOTICE TO R4 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED FEBRUARY 1, 2025 PASSED IN
MVC NO.271/2020 BY THE SENIOR CIVIL JUDGE AND MACT AT
SINDHANUR AND ALLOW THE APPEAL BY MODIFYING THE
JUDGMENT AND AWARD CONSIDER THE PERSONAL LIVING
EXPENSES OF THE DECEASED TO BE HALF (1/2) OF THE
INCOME DETERMINED BY THE MACT AT SINDHANUR AND ETC.
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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MFA No. 202012 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as 'the Act', for
short) has been filed by the Andhra Pradesh State Road
Transport Corporation (for short 'Corporation') being
aggrieved by the judgment and award dated 01.02.2025
passed by the Senior Civil Judge and MACT, at Sindhanur,
in MVC No.271/2020.
2. Facts giving rise to the filing of the appeal
briefly stated are that on 30.01.2020, when the deceased
Veeresh along with his friend Police Patil Basappa after
completing the harvesting work were coming on his
motorcycle bearing registration No.KA-36/ER-1382 on
Venukonda to Savalyapuram main road, at that time, an
APSRTC bus bearing registration No.AP-20/Z-0313 which
was being driven by its driver in a rash and negligent
manner, dashed against the motorcycle of the deceased.
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As a result of the aforesaid accident, the deceased
sustained grievous injuries and succumbed to the injuries.
3. The claimants filed a petition under Section 166
of the Act seeking compensation for the death of the
deceased along with interest.
4. On service of summons, respondent No.2
appeared through counsel and filed written statement
denying the averments made in the claim petition. The
respondent No.1 did not appear before the Tribunal inspite
of service of notice and hence, was placed ex-parte.
5. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter, recorded
the evidence. The claimants, in order to prove the case,
examined claimant No.1 as PW-1 and got exhibited
documents namely Ex.P1 to Ex.P19. On behalf of APSRTC,
Depot Manager was examined as RW-1 and another
witness as RW-2. No documents are marked on their
behalf. The Claims Tribunal, by the impugned judgment,
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inter alia, held that the accident took place on account of
rash and negligent driving of the offending bus by its
driver, as a result of which, the deceased sustained
injuries and succumbed to the injuries. The Tribunal
further held that the claimants are entitled to a
compensation of Rs.29,22,144/- along with interest at the
rate of 9% p.a. and directed the respondent-Corporation
to deposit the compensation amount along with interest.
Being aggrieved, this appeal has been filed.
6. Learned counsel for the Corporation has raised
only one ground that deceased was a bachelor at the time
of death and the Tribunal, instead of deducting 50%
towards personal expenses of the deceased, has
erroneously deducted 1/3rd. The Hon'ble Apex Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
(2009) 6 SCC 121, held that 50% of the income of the
deceased has to be deducted towards personal expenses
of the deceased. Hence, he sought for reduction in
compensation amount to that extent only.
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7. The learned counsel for the claimants has
contended that considering the age and avocation of the
deceased, the overall compensation awarded by the
Tribunal is just and reasonable and it does not require any
interference. Hence, she sought for dismissing the appeal.
8. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal.
9. It is not in dispute that deceased Veeresh died
in the road traffic accident occurred on 30.01.2020 due to
rash and negligent driving of the offending vehicle i.e.,
APSRTC bus bearing Reg.No.AP-20/Z-0313 by its driver.
The deceased was a bachelor at the time of accident. The
Hon'ble Apex Court in the case of Sarla Verma (supra)
held that 50% of the income of the deceased has to be
deducted towards personal expenses. The notional income
taken by the Tribunal at 13,750/- per month is as per the
chart of the Karnataka State Legal Service Committee. To
this amount, 40% has to be added towards future
prospects in view of judgment of Hon'ble Apex Court in the
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case of National Insurance Co. Ltd. -v- Pranay Sethi and
Others [AIR 2017 SC 5157]. Therefore, the monthly
income comes to Rs.19,250/- [13750+5,500
(13,750x40%)]. Since the deceased was a bachelor, 50%
of the income is to be deducted towards his personal
expenses. Therefore, it comes to Rs.9,625/-
(19250x50%). He was aged about 21 years at the time of
death. The applicable multiplier to his age group is '18'.
Therefore, loss of dependency comes to Rs.20,79,000/-
(Rs.9,625x12x18).
10. The compensation awarded by the Tribunal on
other heads is retained as it is.
11. Thus, the claimants are entitled to the following
compensation:
Compensation under Amount in (Rs.)
different Heads
Loss of dependency 20,79,000/-
Loss of estate and 70,000/-
Funeral expenses
Loss of Filial 80,000/-
consortium
Total 22,29,000/-
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12. In the result, the following order is passed:
ORDER
a) The appeal is allowed in part.
b) The judgment of the Claims Tribunal is
modified.
c) The claimants are entitled to a total
compensation of Rs.22,29,000/- as against
Rs.29,22,144/- awarded by the Tribunal.
d) The APSRT Corporation is directed to deposit
the compensation amount along with interest
at 9% p.a. from the date of filing of the
claim petition till the date of realization,
within a period of six weeks from the date of
receipt of copy of this judgment.
e) The apportionment, deposit and release of
amount shall be made in terms of the award
of the Tribunal.
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f) All pending applications stand disposed of
accordingly.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
VNR
