Smt Nirmala Sangappa Nagaral v. The Managing Director Ksrtc

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5050 OF 2026 (MV-D) BETWEEN:

SMT. NIRMALA SANGAPPA NAGARAL AGED ABOUT 48 YEARS W/O. LATE SANGAPPA R/O. GORPADE STREET, PARASAPUR PARASAPUR, RAYANAL DHARWAD-580 001. …APPELLANT

(BY SRI RAJAT G SIDDAPURMATH, ADVOCATE FOR SRI H PAVANA CHANDRA SHETTY, ADVOCATE)

AND:

THE MANAGING DIRECTOR KSRTC, CENTRAL OFFICES, K.H. ROAD, MANGALURU DIVISION MANGALURU-575 001. …RESPONDENT

(BY SMT. H R RENUKA, ADVOCATE – V.C.)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:26/02/2026 PASSED IN MVC No.875/2024 ON THE FILE OF THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT AT UDUPI.,

Location: HIGH COURT OF KARNATAKA

AWARDING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 26.02.2026 passed in MVC No.875/2024 by II Additional Senior Civil Judge and Additional MACT, Udupi.

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellants and learned counsel for the respondent –insurer.

¶3The appellant -claimant made a claim petition praying to award compensation for the death of Sangappa (husband of claimant No.1) in a road traffic accident occurred on 21.06.2024 contending that the accident

occurred due to rash and negligent driving of the driver of stage carriage vehicle bearing registration No.KA-19/F-3411. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of Income 11,97,900/-

¶02Loss of consortium 48,000/-

¶03Loss of Estate 15,000/-

¶04Funeral and Transportation 18,000/-Total 12,78,900/-

¶4The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed the respondent to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent.

¶6Learned counsel for appellant would contend that the claimant is wife of the deceased and therefore, deduction at 1/2 towards personal expenses of the deceased is not proper and deduction to be taken at 1/3rd. The Tribunal has taken notional income at Rs.16,500/- per month. But as per chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2024 is Rs.17,000/- and that is to be taken as against Rs.16,500/- as taken by the Tribunal. The Tribunal has rightly applied multiplier '11'. He further submits that the Tribunal has not added 20% escalation for loss of estate. With these, he prays to allow the appeal and enhancement of compensation.

¶7Learned counsel for respondent -insurer would contend that deduction at ½ towards personal expenses of the deceased is just and proper. The compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The accident occurred on 21.06.2024. As on the date of accident, the claimant was aged 54 years. Considering the same, the Tribunal has rightly applied multiplier '11'. The notional income fixed for the year 2024 by the Karnataka State Legal Services Authority is Rs.17,000/- and same is to be taken as against Rs.16,500/- as taken by the Tribunal. The Tribunal has rightly added 10% towards future prospects and applied multiplier '11'. The Tribunal has deducted 50% towards personal expense of the deceased. The claimant is wife and the deceased was married man having wife. The deduction at 50% is to be taken in the cases where the deceased was bachelor. Considering the said aspect, the deduction is to be taken at 1/3rd as against 50% as taken by the Tribunal. In view of the above, loss of dependency is calculated as under:

Rs.17,000/- + Rs.1700/- (10%) =Rs.18,700/- less 1/3rd =Rs.12,467/- x 12 x 11 = Rs.16,45,644/-.

¶10The Tribunal has not taken into consideration of 20% escalation while awarding loss of estate. The Tribunal has rightly added 20% escalation for funeral expenses and consortium. Therefore, the claimant is entitled to a sum of Rs.18,000/- (with 20% escalation) towards loss of estate as against Rs.15,000/- as awarded by the Tribunal.

¶11In view of the above, claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Loss of Dependency 16,45,644/-

¶02Loss of consortium 48,000/-

¶03Loss of Estate 18,000/-

¶04Funeral and Transportation 18,000/-Total 17,29,644/-

¶12Considering the above aspects, the claimant is entitled to total compensation of Rs.17,29,644/- as against Rs.12,78,900/- with interest at the rate of 6% per annum from the date of petition till realization.

Consequently, the claimant is entitled to enhanced compensation of Rs.4,50,744/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent is liable to pay the said enhanced compensation with interest.

¶13In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) The appellant -claimant is entitled to enhanced compensation of Rs.4,50,744/- with interest at the rate of 6% per annum from the date of petition till realization.

iii) The respondent shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant -claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 2 Sl No.: 13 Ct.sm