HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. NO.4980 OF 2024 (MV-D)

C/W M.F.A. NO.1406 OF 2024 (MV-D)

IN MFA NO. 4980/2024 BETWEEN:

THE MANAGING DIRECTOR K.S.R.T.C. DEPT.

SHANTHINAGARA, K H ROAD BENGALURU-560027 REP. BY ITS CHIEF LAW OFFICER.

…APPELLANT (BY SRI. D VIJAYAKUMAR, ADV.)

AND:

Digitally signed by NANJUNDACHARI Location: HIG H 1. SMT. G MANORAMA COURT OF KARNATAKA W/O D P SHIVARAM AGED ABOUT 48 YEARS, 2. SRI D P SHIVARAM S/O LATE D M PUTTASWAMY AGED ABOUT 57 YEARS, BOTH ARE R/AT RAJA RAO ROAD J C EXTENSION, KANAKAPURA TOWN AND TALUK RAMANAGARA DISTRICT-562117.

HC-KAR

3. SRI SHASHIKUMAR S/O SANNANINGE GOWDA AGED ABOUT 34 YEARS, R/AT NO.1106, 1^ST FLOOR, BSK 3^RD STAGE, POORNA ROAD BANGALORE-560085 (RC OWNER OF MOTOR CYCLE BEARING REG NO.KA-05-JY-9403).

4. THE ORIENTAL INSURANCE COMPANY LTD., OFFICE AT DAB-2 NO.44, SHRI CHAMUNDESHWARI COMPLEX NEXT TO KAMAKYA THEATRE OPP. 13^TH BMTC DEPOT BANGALORE-560085 MANAGER.

…RESPONDENTS (BY SMT. V NITHYA, ADV. FOR R1 AND R2 SRI MOHAN PRASAD, ADV. FOR R4 NOTICE TO R2 D/W)

THIS APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2023 PASSED IN MVC NO. 1731/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGLAURU (SCCH-25), AWARDING COMPENSATION OF RS. 29,74,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT AND INTEREST.

IN MFA NO. 1406/2024 BETWEEN:

1. SMT. G. MANORAMA W/O D P SHIVARAM AGED 48 YEARS, HC-KAR

2. SRI D P SHIVARAM S/O LATE D M PUTTASWAMY AGED 57 YEARS, BOTH ARE R/AT RAJA RAO ROAD, J C EXTENSION, KANAKAPURA TOWN AND TALUK RAMANAGARA DIST-562117.

...APPELLANTS (BY SMT. V NITHYA, ADV.)

AND:

1. THE MANAGING DIRECTOR KSRTC DEPT., SHANTHINAGAR, K H ROAD BENGALURU-560027.

2. SRI SHASHIKUMAR S/O SANNANINGE GOWDA AGED 34 YEARS, R/AT NO.1106, 1^ST FLOOR, BSK 3^RD STAGE, POORNA ROAD BANGALORE-560085.

3. ORIENTAL INS CO. LTD., OFFICE AT DAB-2 NO.44, SHRI CHAMUNDESHWARI COMPLEX, NEXT TO KAMAKYA THEATRE, OPP. 13^TH BMTC DEPOT BANGALORE-560085.

...RESPONDENTS (BY SRI. D VIJAYA KUMAR, ADV. FOR R1 SRI MOHAN PRASAD, ADV. FOR R3 V/O DATED 10.07.2025 NOTICE TO R2)

THIS APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.12.2023 PASSED IN MVC NO.1731/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGLAURU, (SCCH-25), HC-KAR ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The claimants as well as the owner of the offending vehicle, i.e. Karnataka State Road Transport Corporation (for short ‘Corporation’) are in appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘the Act’) against the judgment and award dated 04.12.2023 in MVC No. 1731/2021 on the file of XXIII Additional Small Causes Judge and MACT, Court of Small Causes, Bengaluru (for short ‘Tribunal’). The claimants-appellants in MFA No. 1406/2024 are before this Court, not being satisfied with the quantum of compensation awarded by the Tribunal with a prayer to enhance the same. Whereas, the Corporation is in appeal in MFA No. 4980/2024 HC-KAR questioning the negligence attributed to its vehicle as well as questioning the compensation granted to the claimants.

2. The brief facts of the case are that the parents of the deceased, i.e. claimants herein filed a claim petition under Section 166 of the Act seeking compensation for the accidental death of their daughter, Late Kum. Monika S in a motor vehicle accident that took place on 17.03.2021 at about 7.30 AM involving motorcycle bearingReg.No.KA-05- JY-9403(of which the deceased was a pillion rider) and Corporation