IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND M.F.A. No.5364 OF 2024 (MV-D)

BETWEEN:

THE MANAGER KSRTC TRANSPORT HOUSE, CENTRAL OFFICES, K H ROAD, SHANTI NAGAR, BENGALURU - 560027.

(REP. BY ITS CHIEF LAW OFFICER).

…APPELLANT (BY SRI. SAMARTH PRAKASH, ADV.)

AND:

1. SMT. HEMAVATHI W/O K KUMAR, Digitally signed by AGED ABOUT 48 YEARS, NANJUNDACHARI R/AT RUPESH NILAYA, Location: HI GH PAVAN PAINT ROAD, COURT OF KARNATAKA KRISHNAPPA GARDEN.

CHIKKABIDARAKALLU, NAGASANDRA, BENGALURU NORTH, BENGALURU - 560073.

2. SRI KUMAR K S/O CHALUVE GOWDA, AGED ABOUT 50 YEARS, R/AT RUPESH NILAYA, PAVAN PAINT ROAD, KRISHNAPPA GARDEN, CHIKKABIDARAKALLU, NAGASANDRA, BENGALURU NORTH, BENGALURU - 560073.

3. THE MANAGER NEW INDIA ASSURANCE CO LTD., NO. 9/2, 2^ND FLOOR, MAHALAKSHMI CHAMBERS, M G ROAD, BENGALURU - 560001.

…RESPONDENTS (BY SRI.PUTTARAJU C.S., ADV. FOR R2 SRI SATHEESH H.K., ADV. FOR R1 SRI P.B. RAJU, ADV. FOR R3)

THIS APPEAL IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.01.2024 PASSED IN MVC NO.1344/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-16), AWARDING COMPENSATION OF RS.24,27,600/- WITH INTEREST AT

6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL, 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 Karnataka State Road Transport Corporation (KSRTC), respondent before the Court of Small Causes and Motor Accident Claims Tribunal at Bengaluru (SCCH-16) (for short, ‘the Tribunal’) is before this Court under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’), questioning the saddling of 90% contributory negligence on it under judgment and award dated 31.01.2024 in MVC.No.1344/2022.

2. Brief facts of the case are that, the mother of deceased Jagadish.K., filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) seeking compensation for the accidental death of her son in a road traffic accident that took place on 22.01.2022 involving KSRTC bus bearing No.KA-06-F-1186 and a two-wheeler bearing registration No.KA-04-HF-0568. It is claimed that the deceased was earning a sum of Rs.25,000/- p.m., and was aged 24 years.

3. On issuance of notice, respondent Nos.1 and 3 appeared before the Tribunal and filed their objections. Respondent No.1/appellant herein filed objections denying the allegation that accident was due to the rash and negligent driving of the driver of the bus and further denied the claim petition averments including the monthly income of the deceased. It is further stated that the accident took place solely due to the rash and negligent riding of the rider of the motorcycle. It is specifically contended that rider of the two-wheeler took to its right turn and the handle of the two-wheeler touched the KSRTC bus due to which, rider and pillion rider of the said two-wheeler fell down and sustained injuries, which resulted in death of pillion rider son of the claimant.

4. Respondent No.3 insurance company in its objection admitted the existence of policy to the motorcycle and further it is submitted that, rider of the two-wheeler had no valid and effective driving license as on the date of the accident and there is breach of policy condition.

5. In support of her claim, the claimant herself examined as PW1, apart from marking Ex.P1 to Ex.P9. The respondents examined RW1 and marked Ex.R1 to Ex.R5.

The Tribunal on scrutiny of the material on record, awarded total compensation of Rs.24,27,600/- along with interest at 6% p.a., on the following heads: