IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO.3823 OF 2025(MV-D)

BETWEEN:

MANAGING DIRECTOR KSRTC, (SELF INSURANCE)

CHIKKAMAGALURU DIVISION BENGALURU-560 027 (KSRTC BUS BEARING REG.NO.KA-18-F-0893)

NOW REPRESENTED BY IT'S CHIEF LAW OFFICER KSRTC, CENTRAL OFFICE SHANTHINAGARA, K. H. ROAD BENGALURU-560 027 Digitally signed by …APPELLANT NANJUNDACHARI Location: H IGH (BY SRI F. S. DABALI, ADVOCATE)

COURT OF KARNATAKA AND:

1. SMT. VEENA B W/O. LATE JAGADEESH M.

AGED ABOUT 51 YEARS 2. KUMARI JAHNAVI J.

D/O. LATE JAGADEESH M.

AGED ABOUT 22 YEARS RESPONDENT NOS.1 AND 2 ARE R/AT NO.9, 2^ND MAIN, KGS LAYOUT BENGALURU NORTH, VIJAYANAGAR BENGALURU-560 040 …RESPONDENTS (BY SRI K. H. SOMASHEKARA, ADVOCATE)

THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2025 PASSED IN MVC NO.145/2023 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES, MEMBER, MACT-15, BENGALURU, SCCH-15, AWARDING COMPENSATION OF RS.62,81,050/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS MFA, COMING ON FOR ADMISSION, 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 Karnataka State Road Transport Corporation(for short ‘Corporation’) is in appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, ‘the Act’) against the judgment and award dated 27.01.2025 in MVC No. 145/2023 on the file of XIII Addl. Small Causes Judge, ACJM, Court of Small Causes and Member, MACT-15, Bengaluru (for short ‘Tribunal’) aggrieved by the saddling of 100% negligence upon the driver of the Corporation Bus as well as the compensation granted to the claimants.

2. The brief facts of the case are that on

04.11.2022 at about 2.30 p.m., when the deceased was crossing the road in Majestic, the Corporation bus bearing Reg.No.KA-18-F-0893 dashed against the deceased, which led to a head injury being caused to the deceased and the consequent death on 19.11.2022. It is submitted that the deceased was aged 54 years as on the date of the accident; was working as a PDO at Chikkaballapura and was earning Rs. 66,000/- per month.

3. Before the Tribunal, upon issuance of notice, the Corporation filed its detailed objections to the claim petition averments denying the averments in its entirety, including the negligence attributable to the driver of the Corporation bus. On behalf of the claimants, the claimant No. 1 examined herself as PW1, apart from marking Exs.P1 to P30. On behalf of the Corporation, the learned counsel for the Corporation examined Smt. Pavitra, PDO Chikkaballapura as RW1 and the conductor of the offending bus Sri. Madhusudhan as RW2.The tribunal upon examination of the material on record, saddled the liability upon the Corporation and awarded the total compensation of Rs. 62,81,050/- along with interest at 6% p.a. under the following heads:-

4. While coming to the afore-stated conclusion, the Tribunal assessed the monthly income of the deceased to be Rs. 60,000/- per month after deduction of taxes, added 15% towards future prospects, deducted 1/3^rd towards personal and living expenses and applied the applicable multiplier of 11.

5. Heard Sri. FS Dabali learned counsel for the Corporation and Sri K H Somashekara, learned counsel for claimants-respondents. Perused the entire appeal papers including the Trial Court records.

6. Learned counsel for the Corporation Sri. FS Dabali would submit that the accident occurred due to the negligence of the deceased, as the road on which the accident occurred was meant solely for the purpose of movement of buses and that pedestrian crossing was prohibited on the said road. It is further submitted that the Tribunal is not justified in calculating the income of the deceased at Rs. 60,0