MFA No. 7680 of 2019 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO.5110 OF 2019 (MV-D)

C/W MISCELLANEOUS FIRST APPEAL NO.5108 OF 2019 (MV-D) MISCELLANEOUS FIRST APPEAL NO.7680 OF 2019 (MV-D)

IN MFA No. 5110/2019 BETWEEN:

THE MANAGING DIRECTOR KSRTC, TUMAKURU DIVISION DEPOT-2, ASHOKA ROAD, TUMKURU CITY, OWNER OF KSRTC BUS BEARING REG. NO. KA-06-F-1092 NOW REP. CHIEF LAW OFFICER …APPELLANT (BY SMT. H.R.RENUKA, ADV.)

Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA AND:

1. KENCHAIAH @ KENCHAPPA S/O LATE MARAIAH @ KURIMARAIAH AGE 46 YEARS, 2. SMT. KENCHAMMA W/O KENCHAIAH @ KENCHAPPA AGE 42 YEARS, 3. ARSHITHA K D/O KENCHAIAH @ KENCHAPPA AGE 20 YEARS, MFA No. 7680 of 2019 HC-KAR ALL ARE R/AT BELLIBATTALLU VILLAGE NIDAGAL HOBLI, SHEELAPURA POST, PAVGADA TALUK, TUMKUR DISTRICT-561202.

…RESPONDENTS (BY SRI. PATEL D KAREGOWDA, ADV. FOR R1 TO R3.)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.03.2019 PASSED IN MVC NO.783/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS.18,49,400/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.

IN MFA NO. 5108/2019 BETWEEN:

THE MANAGING DIRECTOR KSRTC TUMAKURU DIVISION, DEPOT-2 ASHOKA ROAD, TUMKURU CITY, OWNER OF KSRTC BUS BEARING REG. NO.KA-06-F-1092 NOW REP. CHIEF LAW OFFICER ...APPELLANT (BY SMT. H.R.RENUKA, ADV.)

AND:

1. KRISHNAPPA N S/O NANJAPPA AGE 45 YEARS

2. RADHAMMA W/O KRISHNAPPA N AGE 39 YEARS MFA No. 7680 of 2019 HC-KAR

3. JAYAMMA W/O LATE NADIPANNA AGE 64 YEARS ALL ARE R/AT NERALEKUNTE, KASBA AHOBI, PAVGADA TALUK, TUMAKURU DISTRICT - 561 202.

NOW R/O C/O RAMESH BABU RUDRAIAH BUILDING

7^TH CROSS, BADDIHALLI, TUMAKURU TOWN, TUMKURU - 572 103.

...RESPONDENTS (BY SRI. S. NAGESH, ADV. FOR R1 TO R3.)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.03.2019 PASSED IN MVC NO.534/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, AWARDING COMPENSATION OF RS. 11,15,000/- WITH INTEREST AT

6% P.A. FROM THE DATE OF PETITION TILL REALISATION.

MFA NO. 7680/2019 BETWEEN:

1. SRI KRISHNAPPA N AGED ABOUT 45 YEARS, S/O. LATE NANJAPPA, 2. RADHAMMA AGED ABOUT 39 YEARS, W/O. KRISHNAPPA .N, 3. JAYAMMA AGED ABOUT 64 YEARS, W/O. LATE NADIPANNA, ALL ARE R/A NERALEKUNTE, MFA No. 7680 of 2019 HC-KAR KASABA HOBLI, PAVAGADA TALUK, TUMKURU DIST.

AND ALSO AT C/O. RAMESH BABU, RUDRAIAH BUILDING, 7^TH CROSS, BADDIHALLI, TUMKURU TOWN AND DIST.

...APPELLANTS (BY SRI. S. NAGESH, ADV.)

AND:

THE MANAGING DIRECTOR K.S.R.T.C., TUMKURU DIVISION, DEPOT-2, ASHOKA ROAD, TUMKURU CITY. ...RESPONDENT (BY SRI. H.R. RENUKA, ADV.)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 27.03.2019 PASSED IN MVC NO.534/2018 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE G BASAVARAJA)

These appeals are against the Judgment and award dated

27^th March 2019 passed in MVCs No.783 of 2018 and 534 of MFA No. 7680 of 2019 HC-KAR

2018 by the I Additional District Judge & Motor Accident Claims Tribunal, Tumakuru (for short ‘the Tribunal’).

2. MFA No.7680 of 2018 is filed by the claimant in MVC No.534 of 2018 seeking modification of the award by enhancing the compensation from Rs.11,15,000/- to Rs.55.00 lakh along with 12% interest from the date of petition. MFAs No.5108 and 5110 of 2019 are preferred by the appellant-KSRTC questioning its liability.

3. Brief facts leading to these appeals are that petitioners have filed claim petitions under Section 166 of Motor Vehicles Act, 1988 seeking compensation for the deat