[Cites 2, Cited by 0]
Karnataka High Court
The Divisional Controller Nekrtc vs Gyanappa And Others on 5 February, 2026
-1-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 200976 OF 2020 (MV-D)
C/W
MISCL. FIRST APPEAL NO. 201010 OF 2020 (MV-D)
MISCL. FIRST APPEAL NO. 200149 OF 2021 (MV-D)
MISCL. FIRST APPEAL NO. 200181 OF 2021 (MV-D)
MISCL. FIRST APPEAL NO. 200183 OF 2021 (MV-D)
MISCL. FIRST APPEAL NO. 200700 OF 2021 (MV-D)
IN MFA No. 200976/2020:
BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC,
Digitally signed RAICHUR DEPOT, RAICHUR,
by LUCYGRACE
(NOW REPRESENTED BY,
Location: HIGH
COURT OF CHIEF LAW OFFICER, KALABURAGI)
KARNATAKA
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. GYANAPPA S/O DURAGAPPA,
AGED ABOUT 61 YEARS, OCC: COOLIE.
2. SHARANAPPA S/O GYANAPPA,
AGED ABOUT 32 YEARS, OCC: COOLIE.
-2-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
3. HANAMAPPA S/O GYANAPPA,
AGED ABOUT 29 YEARS, OCC: COOLIE.
4. HULAGAPPA S/O GYANAPPA,
AGE: 27 YEARS, OCC: COOLIE,
ALL ARE R/O MUDGAL TQ. LINGASUGUR,
NOW R/O JANATHA COLONY, RAICHUR-584101.
5. NAGAPPA S/O BASANNA GOGI,
AGE: 60 YEARS, OCC: DRIVER OF KSRTC
BUS BEARING ITS REGN NO.KA36/F816,
R/O MASKI DEPOT, TQ.LINGASUGUR,
DIST. RAICHUR-584 101.
6. PARASAPPA S/O BHEEMAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR DIST. RAICHUR-584101.
(DRIVER OF TRACTOR AND TRAILER
BEARING NO.KA36/TB9281 AND KA36/TA8944).
7. GYANAPOPAYYA S/O GYANAPPAYYA BHAVIKATTI,
OCC: AGRICULTURE, MEGALAPETE,
MUDGAL VILLAGE, TQ. LINGASUGUR,
DIST. RAICHUR-584101.
(OWNER OF TRACTOR AND TRAILER
BEARING NO.KA36/TB9821 AND
KA36/TA8944.
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE FOR R1 TO R4;
V/O DTD.21.09.2021 NOTICE TO R5 AND R6 IS
DISPENSED WITH
R7 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD DATED 29.06.2020 IN MVC
-3-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
NO.165/2018 PASSED BY THE II ADDL. DISTRICT AND
SESSIONS JUDGE AND M.A.C.T. AT RAICHUR.
IN MFA NO. 201010/2020:
BETWEEN:
GYNAPPA S/O DURAGAPPA,
AGED ABOUT 61 YEARS, OCC: COOLIE,
R/O MUDGAL, TQ.LINGASUGUR,
NOW R/O JANATHA COLONY,
RAICHUR-584101
...APPELLANT
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
1. NAGAPPA S/O BASANNA GOGI,
AGE: 60 YEARS, OCC:DRIVER OF KSRTC BUS
BEARING ITS REGN.NO.KA.36/F-816,
R/O MASKI DEPOT, TQ.LINGASUGUR,
DIST.RAICHUR-584124.
2. THE DIVISIONAL CONTROLLER,
NEKRTC, RAICHUR DEPOT, RAICHUR-584101.
3. PARASAPPA S/O BHEEMAPPA,
AGE:MAJOR, OCC:AGRICULTURE,
R/O. MEGALAPETE, MEDGAL VILLAGE,
TQ.LINGASUGUR, DIST.RAICHUR-584125,
(DRIVER OF TRACTOR AND TRAILER BEARING
NO.KA.36/TB-9281 AND KA.36/TA-8944).
4. GYANAPAPAYYA S/O GYANAPPAYYA BHAVIKATTI,
OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR, DIST.RAICHUR-584125.
(OWNER OF TRACTOR AND TRAILER BEARING
NO.KA.36/TB-9281 AND KA.36/TA-8944).
-4-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
5. SHARANAPPA S/O GYANAPPA,
AGED ABOUT 32 YEAR, OCC:COOLIE,
6. HANAMAPPA S/O GYNAPPA,
AGED ABOUT 29 YEARS, OCC: COOLIE.
7. HULAGAPPA S/O GYNAPPA,
AGED ABOUT 27 YEARS, OCC: COOLIE,
ALL ARE R/O MUDGAL, TQ.LINGASUGUR,
NOW R/O JANATHA COLONY, RAICHUR-584101
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD.28.01.2021 NOTICE TO R1, R3 AND R4 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 29.06.2020
PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE
AND MACT AT.RAICHUR IN MVC NO.165/2018.
IN MFA NO. 200149/2021:
BETWEEN:
SMT. AYYAMMA W/O SHIVAPPA,
AGED ABOUT 57 YEARS, OCC: COOLIE,
R/O MUDGAL, TQ.LINGASUGUR,
NOW R/O JANATHA COLONY,
RAICHUR-584101.
...APPELLANT
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
1. NAGAPPA S/O BASANNA GOGI,
AGE: 60 YEARS, OCC: DRIVER OF KSRTC BUS
-5-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
BEARING ITS REGN. NO.36/F-816,
R/O MASKI DEPOT, TQ.LINGASUGUR,
DIST.RAICHUR-584124.
2. THE DIVISIONAL CONTROLLER,
NEKRTC, RAICHUR DEPOT, RAICHUR-584101.
3. PARASAPPA S/O BHEEMAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR, DIST.RAICHUR,
(DRIVER OF TRACTOR AND TRAILER BEARING
NO.KA.36/TB-9281 AND KA.36/TA-8944).
4. GYANAPAPAYYA S/O GYANAPPAYYA BHAVIKATTI,
OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR, DIST.RAICHUR-584125,
(OWNER OF TRACTOR AND TRAILER BEARING
NO.KA.36/TB-9281 AND KA.36/TA-8944).
5. GYANAPPA S/O SHIVAPPA,
AGED ABOUT 27 YEARS, OCC: COOLIE.
6. VEERABHADRAPPA S/O SHIVAPPA,
AGED ABOUT 28 YEARS, OCC: COOLIE AND
AGRICULTURIST
ALL ARE R/O MUDGAL, TQ.LINGASUGUR,
NOW R/O JANATHA COLONY, RAICHUR-584101.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD.18.12.2021 NOTICE TO R1, R3 AND R4 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 29.06.2020
PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE
AND MACT, AT RAICHUR IN MVC NO.164/2018.
-6-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
IN MFA NO. 200181/2021:
BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC,
RAICHUR DEPOT, RAICHUR,
( NOW REPRESENTED BY CHIEF LAW OFFICER,
KALABURAGI).
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. AYYAMMA W/O SHIVAPPA,
AGED ABOUT 57 YEARS, OCC: COOLIE.
2. GYANAPPA S/O SHIVAPPA,
AGED ABOUT 27 YEARS, OCC: COOLIE.
3. VEERABHADRAPPA S/O SHIVAPPA,
AGED ABOUT 28 YEARS,
OCC: COOLIE AND AGRICULTURIST.
ALL ARE R/O MUDGAL, TQ. LINGASUGUR,
NOW R/O JANATHA COLONY, RAICHUR-584101.
4. NAGAPPA S/O BASANNA GOGI,
AGE: 60 YEARS, OCC: DRIVER OF KSRTC BUS
BEARING ITS REGN NO.KA36/F816,
R/O MASKI DEPOT, TQ. LINGASUGUR,
DIST. RAICHUR-584101.
5. PARASAPPA S/O BHEEMAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ. LINGASUGUR DIST. RAICHUR-584101.
(DRIVER OF TRACTOR AND TRAILER BEARING
NO.KA36/TB9281 AND KA36/TA8944.
-7-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
6. GYANAPPAYYA S/O GYANAPPAYYA BHAVIKATTI,
OCC: AGRICULTURE,
MEGALAPETE, MUDGAL VILLAGE,
TQ. LINGASUGUR, DIST. RAICHUR-584101.
(OWNER OF TRACTOR AND TRAILER BEARING
NO.KA36/TB9821 AND KA36/TA8944
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE FOR R1 TO R3;
V/O DTD.21.09.2021 NOTICE R4 AND R5 IS DISPENSED
WITH
R6 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD DATED 29.06.2020 IN MVC
NO.164/2018 PASSED BY THE II ADDL. DISTRICT AND
SESSIONS JUDGE AND MACT AT RAICHUR.
IN MFA NO. 200183/2021:
BETWEEN:
THE DIVISIONAL CONTROLLER, NEKRTC,
RAICHUR DEOPT, RAICHUR,
(NOW REPRESENTED BY CHIEF LAW OFFICER,
KALABURAGI).
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. NANDAPPA S/O KALLAPPA,
AGED ABOUT 52 YEARS, OCC: COOLIE.
2. GYANAPPA S/O NANDAPPA,
AGED ABOUT 27 YEARS, OCC: COOLIE.
-8-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
3. HANAMAPPA S/O NANDAPPA,
AGED ABOUT 24 YEARS, OCC: COOLIE.
4. GADDEPPA S/O NANDAPPA,
AGE: 20 YEARS, OCC:COOLIE.
5. GOUDAPPA S/O NANDAPPA,
AGE: 18 YEARS, OCC: NIL,
ALL ARE R/O MUDGAL, TQ. LINGASUGUR,
NOW R/O JANATHA COLONY, RAICHUR-584 101.
6. NAGAPPA S/O BASANNA GOGI,
AGE: 60 YEARS, OCC: DRIVER OF KSRTC BUS
BEARING ITS REGN.NO. KA36-F816,
R/O MASKI DEPOT TQ.LINGASUGUR,
DIST. RAICHUR-584101.
7. PARASAPPA S/O BHEEMAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR, DIST. RAICHUR-584101.
(DRIVER OF TRACTOR AND TRAILER BEARING NO.
KA36/TB9281 AND KA36/TA8944).
8. GYANAPAPAYYA S/O GYANAPPAYYA BHAVIKATTI,
OCC: AGRICULTURE,
MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR, DIST. RAICHUR-584 101.
(OWNER OF TRACTOR AND TRAILER BEARING NO.
KA36/TB9821 AND KA36/TA8944)
...RESPONDENTS
(BY SRI BASAVARAJ R. MATH, ADVOCATE FOR R1 TO R5;
V/O DTD.21.09.2021 NOTICE TO R6 AND R7 IS
DISPENSED WITH, R8 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE
-9-
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
APPEAL BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD DATED 29.06.2020 IN MVC
NO.166/2018 PASSED BY THE II ADDL. DISTRICT AND
SESSIONS JUDGE AND MACT, RAICHUR.
IN MFA NO. 200700/2021:
BETWEEN:
NANDAPPA S/O KALLAPPA,
AGED ABOUT 52 YEARS, OCC: COOLIE,
R/O MUDGAL, TQ.LINGASUGUR,
NOW R/O JANATHA COLONY, ASHAPUR ROAD,
RAICHUR-584101.
...APPELLANT
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
1. NAGAPPA S/O BASANNA GOGI,
AGE: 60 YEARS, OCC:DRIVER OF KSRTC
BUS BEARING ITS REGN NO.KA36/F-816,
R/O MASKI DEPOT, TQ.LINGASUGUR,
DIST.RAICHUR-584124.
2. THE DIVISIONAL CONTROLLER,
NEKRTC, RAICHUR DEPOT, RAICHUR-584101.
3. PARASAPPA S/O BHEEMAPPA,
AGE: MAJOR, OCC: AGRICULTURE.
R/O MEGALAPETE, MUDGAL VILLAGE,
TQ.LINGASUGUR, DIST.RIACHUR-584125
(DRIVER OF TRACTOR AND TRAILER BEARING
NO.KA.36/TB-9281 AND KA.36/TA-8944).
4. GYANAPAPAYYA S/O GYANAPPAYYA BHAVIKATTI,
OCC: AGRICULTURE,
R/O MEGALAPETE, MUDGAL VILLAGE,
- 10 -
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
TQ.LINGASUGUR, DIST.RAICHUR-584125.,
(OWNER OF TRACTOR AND TRAILER BEARING
NO.KA.36/TB-9281 AND KA.36/TA-8944).
5. GYANAPPA S/O NANDAPPA,
AGED ABOUT 27 YEARS, OCC: COOLIE.
6. HANAMAPPA S/O NANDAPPA,
AGED ABOUT 24 YEARS, OCC:COOLIE.
7. GADDEPPA S/O NANDAPPA,
AGED ABOUT 20 YEARS, OCC: COOLIE,
8. GOUDAPPA S/O NANDAPPA,
AGE: 18 YEARS, OCC: NIL.
ALL ARE R/O MUDGAL, TQ.LINGASUGUR,
NOW R/O JANATHA COLONY, ASHAPUR ROAD,
RAICHUR-584101
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD.08.02.2022 NOTICE TO R1 AND R3 TO R8 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE
IMPUGNED JUDGEMENT AND AWARD DATED 29.06.2020
PASSED BY THE II ADDL DISTRICT AND SESSIONS JUDGE
AND MACT AT RAICHUR IN MVC NO.166/2018.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 11 -
NC: 2026:KHC-K:1101
MFA No. 200976 of 2020
C/W MFA No. 201010 of 2020
MFA No. 200149 of 2021
HC-KAR AND 3 OTHERS
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. These appeals are arising out of the common Judgment
and Award dated 29.06.2020 in MVC Nos.164/2018, 165/2018
and, 166/2018, on the file of II Addl. District and Sessions
Judge and MACT, at Raichur, awarding compensation.
2. It is the case of the claimants that the claimants were
travelling in a Tractor and Trailer bearing No.KA-36/TB-9821
and KA-36/TA-8944 respectively, on 29.11.2017 and when the
said Tractor and Trailer reached near Mudgal Village, at that
time, the driver of the KSRTC bus bearing No.KA-36/F-816
came from opposite side and dashed to the Tractor and Trailer
and on account of the same, the Tractor and Trailer turtled and
as such, the inmates of the Tractor and Trailer, namely,
Shivappa, Huligemma and Mallamma sustained injuries and
thereafter succumbed to injuries. Hence, their legal
representatives have filed the aforesaid respective MVC cases
before the Tribunal, seeking compensation.
- 12 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
3. After service of notice respondent Nos.1 and 2 in the
claim petitions entered appearance and respondent Nos.3 and
4 were placed ex-parte. It is the case of the respondent -
Corporation that the alleged accident occurred on account of
the rash and negligent driving of the driver of the Tractor and
Trailer and therefore, sought for dismissal of the claim
petitions.
4. In order to establish their case, claimants in all the cases
have examined three witnesses as P.W.1, P.W.2 and P.W.3 and
produced 134 documents which are marked as Exs.P1 to P134.
Respondent - Corporation has examined the driver of the bus
as R.W.1 and produced 9 documents which were marked as
Exs.R1 to R9. The Tribunal, after considering the material on
record, by its Judgment and Award dated 29.06.2020, awarded
compensation of Rs.8,52,400/- in MVC No.164/2020,
Rs.12,40,000/- in MVC No.165/2020 and Rs.12,40,000/- in
MVC No.166/2020, with interest at 6% per annum from the
date of claim petition till deposit. Feeling aggrieved by the
award of compensation as inadequate, the claimants have
- 13 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
preferred MFA Nos.201010/2020, 200149/2021 and
200700/2021.
5. Feeling aggrieved by the observation made by the MACT
as to liability, the respondent - Corporation preferred MFA
Nos.200976/2020, 200181/2021 and 200183/2021.
6. Heard Smt. Preeti Patil Melkundi, learned counsel
appearing for the appellant - Corporation and Sri. Basavaraj R.
Math, learned counsel appearing for the claimants who are
appellants / respondents in these appeals.
7. It is contended by the learned counsel for the appellant -
Corporation that the Tribunal has committed an error in
fastening liability on the driver of the bus in question despite
the fact that the driver of the Tractor and Trailer drove the
same in a rash and negligent manner and contributed towards
the alleged accident and accordingly, sought for interference of
this Court. It is further argued by the learned counsel that the
inmates were the passengers in the Tractor and Trailer and
therefore sought for interference as far as liability is concerned.
- 14 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
8. Per contra, Sri. Basavaraj R. Math, learned counsel for
the claimants, invited the attention of the Court to the sketch
produced at Ex.P3 and contended that the accident occurred on
account of sole negligence on part of the driver of the bus in
question and accordingly, countered the arguments advanced
by the learned counsel for the appellant - Corporation.
Learned counsel also made submissions seeking enhancement
of compensation to the claimants.
9. Having heard the learned counsel appearing for the
parties, on careful consideration of the finding recorded by the
Tribunal would indicate that on 29.11.2017, Shivappa,
Huligemma and Mallamma were travelling in the Tractor and
Trailer bearing No.KA-36/TB-9821 and KA-36/TA-8944 and
when the said vehicle reached near Mudgal Village, the driver
of the KSRTC bus bearing No.KA-36/F-816 came from opposite
side and dashed to the Tractor and Trailer and same is evident
from the spot panchanama along with sketch map produced at
Ex.P3. In that view of the matter, I am of the view that, the
finding recorded by the Tribunal fastening the liability on the
driver of the bus in question has to be accepted. Therefore, I
- 15 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
do not find force in the submission made by the learned
counsel for the Corporation.
10. In so far as award of compensation is concerned, the
claimants in MVC No.164/2018 are the legal representatives as
dependents of deceased Shivappa. The age of Shivappa was
58 years as on the date of the accident. Therefore, taking into
consideration that the accident is of the year 2017, as per the
guidelines of the Karnataka State Legal Services Authority, the
monthly income of the deceased Shivappa is Rs.10,250/-. By
applying the appropriate multiplier of 9 in terms of the
Judgment of the Hon'ble Supreme Court in the case of SARLA
VERMA AND OTHERS Vs. DELHI TRANSPORT
CORPORATI0N AND ANOTHER reported in 2009 ACJ 1298
and by adding 10% towards future prospects in view of the
Judgment of the Hon'ble Supreme Court in the case of
NATIONAL INSURANCE COMPANY LIMITED Vs. PRANAY
SETHI AND OTHERS reported in 2017 ACJ 2700, deducting
1/3rd towards his personal expenses, the claimants are entitled
for compensation of Rs.8,11,800/- (10250 + 10% x 12 x 9 x
2/3), towards loss of dependency. There are three dependents
and therefore, loss of consortium is determined at
- 16 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
Rs.1,20,000/- (Rs.40,000 x 3). The claimants are entitled for
Rs.15,000/- towards loss of estate and another Rs.15,000/-
towards funeral expenses. The claimants have incurred medical
expenses to the extent of Rs.1,48,850/-. Accordingly, the
claimants in MVC No.164/2018 are granted compensation as
noted below:
Heads Amount
(in Rupees)
Loss of dependency 8,11,800.00
Loss of estate 15,000.00
Loss of consortium 1,20,000.00
Transportation & funeral expenses 15,000.00
Medical expenses 1,48,850.00
Total 11,10,650.00
11. In so far as award of compensation in MVC No.165/2018
is concerned, the claimants therein are the legal
representatives as dependents of deceased Huligemma.
Huligemma was aged about 48 years as on the date of the
accident. Taking into account the monthly income of deceased
Huligemma at Rs.10,250/-, as per the guidelines of the
- 17 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
Karnataka State Legal Services Authority, there are four
dependents and by applying proper multiplier of 13 as per the
Judgment of the Hon'ble Supreme Court in the case of SARLA
VERMA (supra), and by adding 25% towards future prospects
as per the Judgment in the case of PRANAY SETHI (supra),
deducting 1/4th towards her personal expenses, the claimants
are entitled for compensation of Rs.14,99,062/- (10250 + 25%
x 12 x 13 x 3/4), towards loss of dependency. There are four
dependents and therefore, loss of consortium is Rs.1,60,000/-
(Rs.40,000 x 4). The claimants are entitled for Rs.15,000/-
towards loss of estate and another Rs.15,000/- towards funeral
expenses. Accordingly, the claimants in MVC No.165/2018 are
granted compensation as noted below:
Heads Amount
(in Rupees)
Loss of dependency 14,99,062.00
Loss of estate 15,000.00
Loss of consortium 1,60,000.00
Transportation & funeral expenses 15,000.00
Total 16,89,062.00
- 18 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
12. In so far as award of compensation in MVC No.166/2018
is concerned, the claimants therein are the legal
representatives as dependents of deceased Mallamma who died
at the age of 48 years due to the accident in question. Taking
into account the monthly income of deceased Mallamma at
Rs.10,250/-, as per the guidelines of the Karnataka State Legal
Services Authority and as there are four dependents, by
applying proper multiplier of 13 as per the Judgment of the
Hon'ble Supreme Court in the case of SARLA VERMA (supra),
and by adding future prospects to the extent of 25% as per the
Judgment in the case of PRANAY SETHI (supra), deducting
1/4th towards her personal expenses, the claimants are entitled
for compensation of Rs.14,99,062/- (10250 + 25% x 12 x 13 x
3/4), towards loss of dependency. Since there are five
dependents, loss of consortium is Rs.2,00,000/- (Rs.40,000 x
5). The claimants are entitled for Rs.15,000/- towards loss of
estate and another Rs.15,000/- towards funeral expenses.
Accordingly, the claimants in MVC No.165/2018 are granted
compensation as noted below:
- 19 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
Heads Amount
(in Rupees)
Loss of dependency 14,99,062.00
Loss of estate 15,000.00
Loss of consortium 2,00,000.00
Transportation & funeral expenses 15,000.00
Total 17,29,062.00
13. In the result, I pass the following:
ORDER
(i) The Miscellaneous First Appeal Nos.200976/2020,
200181/2021 and 200183/2021, filed by the Corporation are
hereby dismissed.
(ii) The claimants in MVC No.164/2018 are held entitled
for total compensation of Rs.11,10,650/- (as against
Rs.8,52,400/- awarded by the Tribunal), with interest at 6%
per annum from the date of claim petition till realization.
(iii) The claimants in MVC No.165/2018 are held entitled
for total compensation of Rs.16,89,062/- (as against
- 20 -
NC: 2026:KHC-K:1101
HC-KAR AND 3 OTHERS
Rs.12,40,000/- awarded by the Tribunal), with interest at 6%
per annum from the date of claim petition till realization.
(iv) The claimants in MVC No.166/2018 are held entitled
for total compensation of Rs.17,29,062/- (as against
Rs.12,40,000/- awarded by the Tribunal), with interest at 6%
per annum from the date of claim petition till realization.
(v) In all other respects, the Judgment and Award
passed by the Tribunal shall remain intact. Accordingly, the
common Judgment and Award dated 29.06.2020 in MVC
Nos.164/2018, 165/2018 and 166/2018, on the file of II Addl.
District and Sessions Judge and MACT, at Raichur, shall stand
modified.
(vi) The amount in deposit in MFA Nos.200976/2020,
200181/2021 and 200183/2021, shall be transmitted to the
concerned MACT.
Sd/-
(E.S.INDIRESH)
JUDGE
sac
List No.: 1 Sl No.: 30
