Smt Amrutha M v. The Managing Director

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8994 OF 2025 (MV-D) BETWEEN:

¶1SMT. AMRUTHA M W/O. LATE SHIVANNA NOW AGED ABOUT 35 YEARS.

¶2MASTER BHUVAN S S/O. LATE SHIVANNA NOW AGED ABOUT 12 YEARS.

¶3MASTER JAGADISH S/O. LATE SHIVANNA NOW AGED ABOUT 10 YEARS.

SINCE APPELLANTS 2 AND 3 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT No.1

¶4SMT. LAKSHMIDEVAMMA W/O LATE VENKATAREDDY NOW AGED ABOUT 72 YEARS.

ALL ARE RESIDING AT HOSAHALLI VILLAGE, HOGALAGERE POST SRINIVASAPURA TALUK KOLAR DISTRICT. …APPELLANTS (BY SMT. SUSHMITHA G, ADVOCATE)

Location: HIGH COURT OF KARNATAKA

AND:

THE MANAGING DIRECTOR ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, RTC HOUSE PUNDIT NEHRU BUS STATION VIJAYAWADA DISTRICT ANDHRAPRADESH STATE-520 001.

…RESPONDENT

(BY SRI. D VIJAYA KUMAR, ADVOCATE – V.C)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:23.05.2025 PASSED IN MVC No.146/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT KOLAR PARTLY ALLOWING 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 claimants seeking enhancement of compensation awarded in the judgment and award dated 23.05.2025 passed in MVC No.146/2023 by II Additional Senior Civil Judge and MACT, Kolar.

¶2Even though the matter is listed for orders/admission today, with the consent of the learned

counsel appearing for the appellant and learned appearing for respondent – Insurer it is taken up for disposal.

¶3Appellants – claimants made a claim petition praying to award compensation for the death of Shivanna in a road traffic accident that occurred on 27.11.2022 due to the rash and negligent driving by the driver of APSRTC bus bearing registration No.AP-07/Z-0693. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

Towards loss of dependency 8,71,875/-Towards loss of consortium 1,20,000/-Towards loss of estate 15,000/-Towards funeral expenses 15,000/-Total 10,21,875/-

¶4The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent – Insurer to deposit the said award amount with interest. Claimants seeking

enhancement of the compensation awarded, have filed the present appeal.

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

¶6The accident occurred on 27.11.2022 and as on the date of accident the deceased was aged 40 years. Considering the said age of the deceased, the Tribunal has rightly taken multiplier '15'. The notional income fixed for the year 2022 is Rs.15,500/-. The Tribunal has rightly taken the said income. Considering age of the deceased, the Tribunal has rightly added 25% towards future prospects. The Tribunal considering that claimants are four dependents of the deceased has held that 1/4th is to be deducted towards personal expenses of the deceased. But while calculating the loss of dependency, the Tribunal has deducted 3/4th instead of 1/4th. In view of the above, the loss of dependency is calculated as under:

Rs.15,500/- + 25% (Rs.3,875/-) = Rs.19,375/- x 12 =Rs.2,32,500/- less 1/4th = Rs.1,74,375/- x = Rs.26,15,625/-.

¶7The Tribunal has only awarded consortium of Rs.1,20,000/-. The claimants are wife, two minor sons and mother of the deceased and each of them are entitled to consortium of Rs.40,000/- with 10% escalation. Therefore, claimants are entitled to consortium of Rs.1,76,000/- (Rs.44,000/- x4). The Tribunal even though awarded loss of estate and funeral expenses of Rs.15,000/- each, but has not added 10% escalation. Therefore, claimants are entitled to loss of estate in a sum of Rs.16,500/- and funeral expenses of Rs.16,500/-.

¶8In view of the above, claimants are entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Towards loss of dependency 26,15,625/-

¶02Towards loss of consortium 1,76,000/-

¶03Towards loss of estate 16,500/-

¶04Towards funeral expenses 16,500/-Total 28,24,625/-

Considering the above aspects, claimants are entitled to total compensation of Rs.28,24,625/- as against Rs.10,21,875/- as awarded by the Tribunal with interest at the interest of 6% per annum from the date of petition till realization. Consequently, claimants are entitled to enhanced compensation of Rs.18,02,750/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent -APSRTC is liable to pay the said enhanced compensation with interest.

¶9In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) Appellants -claimants are entitled to enhanced compensation of Rs.18,02,750/-

with interest at the rate of 6% per annum from the date of petition till realization.

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

iv) The apportionment of compensation among claimants as determined by the Tribunal remained unaltered.

v) The share of appellant Nos.2 and 3/claimant Nos. 2 and 3 shall be kept in fixed deposit in their name in any nationalized/schedule bank till they attain majority.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 12 Ct.sm