##PAGE1##

- 1 -

NC: 2026:KHC:19940-DB MFA No. 7325 of 2025

HC-KAR

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. 7325 OF 2025 (MV-D)

BETWEEN:

1. THE MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT

CORPORATION LTD., No.12, RAMAKRISHNA ROAD, SALEM,

TAMIL NADU - 636 007.

…APPELLANT (BY SRI BOPANNA B., ADVOCATE)

AND:

Digitally

1. SMT. SHIVAKALA. T. V., signed by VINUTHA B S W/O LATE N.M.RAVI, Location: AGED ABOUT 43 YEARS,

High Court of Karnataka

2. MANDARA N.R., D/O LATE N.M.RAVI,

AGED ABOUT 19 YEARS, BOTH ARE RESIDING AT

C/O. SOMANNA BUILDING, DADDI REDDY LAYOUT,

HUSKUR GATE, ELECTRONIC CITY POST, BENGALURU-560 100,

- 2 -

NC: 2026:KHC:19940-DB MFA No. 7325 of 2025

HC-KAR

PERMANENT ADDRESS No.45, MAIN ROAD,

NARANAPURA, CHIKKAMAGALURU, DISTRICT 577145.

…RESPONDENTS (BY SRI SHYAMA PRASADA K.V., ADVOCATE FOR R1 & R2)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2024 PASSED IN MVC No.1572/2020 ON THE FILE OF THE X ADDITIONAL JUDGE COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-16, AWARDING COMPENSATION OF RS.22,76,400/- WITH INTEREST AT 6 PERCENT P.A. FROM THE

DATE OF PETITION TILL REALIZATION.

THIS APPEAL, 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 K.V ARAVIND)

Heard Sri B. Bopanna, learned counsel appearing for the

appellant, and Sri K.V. Shyama Prasada, learned counsel

appearing for respondent Nos. 1 and 2.

2. The present appeal is filed by the Tamil Nadu State Transport Corporation Ltd., assailing the judgment and award dated 26.02.2024 passed in MVC No.1572/2020 by the Court of

- 3 -

NC: 2026:KHC:19940-DB MFA No. 7325 of 2025

HC-KAR

Small Causes and the Motor Accident Claims Tribunal, Bengaluru

(hereinafter referred to as the “Tribunal”).

For brevity, the parties are referred to as per their ranks

before the Tribunal.

3. The brief facts are that the claimants filed a claim petition seeking compensation on account of the death of Sri Yeshwant N.R. (deceased) in a road traffic accident that occurred on 15.02.2020 at about 4:30 a.m., involving a scooter bearing No.KA-03-AH-2358 and a bus bearing No.TN-30-N-1750. It is pleaded that the accident occurred due to the rash and negligent driving of the bus driver. It is further stated that the petitioners incurred expenses of Rs.2,00,000/- towards transportation and funeral ceremonies. It is also stated that the deceased was aged 19 years at the time of the accident and was studying in First

PUC.

3.1 The respondent–Corporation appeared and filed its statement of objections before the Tribunal. It contended that the accident occurred solely due to the negligence of the deceased. The respondent has also denied the age of the deceased. It is

- 4 -

NC: 2026:KHC:19940-DB MFA No. 7325 of 2025

HC-KAR

further contended that the death was not on account of the

injuries sustained in the accident.

3.2 In support of their case, claimant No.1 examined herself as PW1 and marked Exs.P1 to P14. On behalf of the respondent, the

driver was examined as RW1, and no documents were marked.

3.3 The Tribunal, upon consideration of the evidence on record, held that the accident occurred due to the rash and negligent driving of the driver of the offending bus and attributed 100%

negligence to the said driver.

3.4 Insofar as the compensation is concerned, the Tribunal assessed the notional income of the deceased at Rs.14,500/- per month. Considering the age of the deceased as 19 years, it applied a multiplier of 18, added 40% towards future prospects, and deducted 50% towards personal and living expenses. In addition, the Tribunal awarded compensation under conventional heads. In all, the Tribunal awarded a total compensation of

Rs.22,76,400/-.

4. Sri B. Bopanna, learned counsel appearing for the