IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 1633 OF 2025 (MV-D)

BETWEEN:

1. THE MANAGING DIRECTOR, REP. BY SMT. SAVITHA, KSRTC TUMAKURU DIVISION, TUMAKURU - 572 101 REP. BY ITS CHIEF LAW OFFICER, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU - 560027.

…APPELLANT (BY SRI G. LAKSHMEESH RAO, ADVOCATE)

Digitally signed by AND:

VINUTHA B S Location:

High Court of 1. GOPALAIAH, Karnataka S/O LATE GOVINDAPPA, AGED ABOUT 75 YEARS, 2. SMT. MALAMMA W/O GOPALAIAH, AGED ABOUT 59 YEARS.

3. LAKSHMIKANTHAIAH, S/O GOPALAIAH, AGED ABOUT 30 YEARS, ALL ARE R/AT MALLEKAVU VILLAGE AND POST, C.N.DURGA HOBLI, KORATAGER TALUK, NOW RESIDING AT SIRAGATE, TUMAKURU - 572101.

…RESPONDENTS (BY SRI MALLIKARJUN B. RYAKHA, ADVOCATE FOR R1 TO R3)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2024 PASSED IN MVC No.1287/2022 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, TUMAKURU, AWARDING COMPENSATION OF RS.20,63,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT OF THE AWARD AMOUNT.

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 K. V. ARAVIND)

Heard Sri G. Lakshmeesh Rao, learned counsel for the appellant and Sri Mallikarjun B. Ryakha, learned counsel for respondent Nos.1 to 3.

2. This appeal is filed by the corporation challenging the judgment and award dated 13.11.2024 passed in MVC No. 1287 of 2022 by the III Addl. Senior Civil Judge and M.A.C.T., Tumakuru (for short 'the Tribunal'). The parties are referred to as per their ranks before the Tribunal for the sake of convenience.

3. The claimants filed a petition seeking compensation on account of the death of one Shivakumar G. (deceased) in a road traffic accident involving a KSRTC bus bearing Reg.No.KA-06-F- 1019. It was contended that the accident occurred due to the rash and negligent driving of the driver of the said bus. It was further pleaded that the deceased was aged about 36 years and was earning Rs.30,000/- per month by carrying on shopkeeping and vending vegetables.

3.1 Upon service of notice, the respondent appeared before the Tribunal and filed a statement of objections, inter alia contending that the accident occurred due to the negligence of the deceased himself. In support of the claim, claimant No.1 examined himself as PW1 and another witness as PW2, and got marked Exs.P1 to P14. On behalf of the respondents, RW1 was examined and no documents were marked.

3.2 The Tribunal, upon consideration of the evidence on record, held that the accident occurred due to the rash and negligent driving of the bus driver. The Tribunal assessed the notional income of the deceased at Rs.15,500/- per month, took the age of the deceased at 37 years, applied multiplier ‘15’, added 40% towards future prospects, and deducted 50% towards personal and living expenses. Compensation was also awarded under conventional heads. In all, a total compensation of Rs.20,63,000/- with interest at 6% per annum was awarded.

4. Sri G. Lakshmeesh Rao, learned counsel appearing for the appellant–corporation, contended that the accident occurred due to the negligence of the deceased. It is submitted that at about 7:35 p.m., the deceased suddenly entered the road from behind a bus on the opposite side and, being in an inebriated state, contributed to the occurrence of the accident. It is further contended that the compensation awarded by the Tribunal is on the higher side.

5. Per contra, Sri Mallikarjun B. Ryakha, learned counsel appearing for respondent Nos.1 to 3, submitted that the accident occurred solely due to the negligence of the driver of the bus. It is submitted that the accident took place near a bus stop at about 7:35 p.m. Though the accid