J U D G M E N T

FACTUAL MATRIX IN CIVIL APPEAL NO.5490-5491

1. Civil Appeal No. 5490-5491 of 2025 arises from the impugned judgment and order dated 10.06.2021 passed by the High Court of Karnataka at Bengaluru, in MFA NO. 2593 Of 2020 C/W MFA.NO. 3299 Of 2020 wherein the High Court partly allowed the appeals by modifying the Tribunal’s order. Aggrieved by the same, Signaturet Noht Veerifie dappellant has Preferred the present appeal.

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2. On 30.07.2018, the deceased P. Visweswar was riding a motor cycle bearing registration No. KA-01-JA-0746. When he reached near Bharath Petrol Bunk, Murakambattu, Chittor, a KSRTC bus bearing Registration No.KA-06-F-1126, being driven in a rash and negligent manner, came to the wrong side and dashed against the deceased’s motor cycle. As a result of the aforesaid accident, the deceased sustained grievous injuries and subsequently succumbed to the same. The claimants thereupon filed a Claim petition MVC No. 4788/2018 under Section 166 of the Motor Vehicles Act, 1988 before the MACT, Bengaluru, claiming ₹1,00,00,000 as compensation along with interest. The claimants averred that the deceased was aged about 34 years at the time of accident and was employed as a team manager at Accenture, Bangalore and was earning ₹ 70,000-/ per month. The Tribunal after careful consideration held that the bus driver was negligent and assessed compensation at ₹ 69,07,710 and deducted ₹ 35,48,000-/ (group insurance amount) and granted award for ₹33,59,710 with 6% interest per annum. Aggrieved by the tribunal’s judgment, an appeal was preferred by the claimants seeking enhancement of the compensation awarded. High Court after setting aside the deductions made by tribunal under the employee group insurance, granted a compensation of ₹ 69,07,710-/ to the claimants. challenging the said order the appellants/KSRTC preferred these appeals.

FACTUAL MATRIX IN CIVIL APPEAL NO’S.5492-5493

3. This set of appeals arise from the impugned judgment and order dated 17.11.2020 passed by the High Court of Karnataka at Bengaluru, in MFA NO. 9538 Of 2017 wherein the High Court reassessed the compensation at ₹59,95,944 with 6% interest, setting aside the deduction of ₹10 lakh (group insurance), and directed the insurer to deposit the amount. Aggrieved by the same, the appellant has Preferred the present appeals.

4. On 20.01.2015, at about 7.30 p.m., the deceased Celestine Dsouza was proceeding on her Honda Activa bearing registration No. KA- 03/EL-6810, near Johnson Market Junction, Hosur Lashkar Road, Bengaluru, at that time, a bus bearing registration No.ΚΑ-22/B-7817 ,being driven in a rash and negligent manner, dashed against the deceased's motorcycle from backside. As a result, the deceased fell on the ground and the bus ran over her leading to her death. The legal representatives of the deceased filed MVC No. 1178/2015 under Section 166 of the Motor Vehicles Act, 1988 before the MACT, Bengaluru, claiming ₹75,00,000 as compensation. It was averred that the deceased was aged about 47 years at the time of accident and was employed with M/s Cox and King Ltd., as Assistant Manager and was earning ₹ 47,000/- per month. The Tribunal after careful consideration held the bus driver was negligent and assessed compensation ₹63,04,878. The tribunal deducted an amount ₹10,00,000 which was received by the claimants under an employee Group Insurance Scheme provided by the employer, And the tribunal awarded compensation of ₹53,04,878 with interest at 7.5% per annum to the claimants. Aggrieved thereby, both the parties preferred their respective appeals before the High Court. Wherein, the High Court modified the award of the tribunal and fixed the compensation at ₹ 59,95,944-/ without any deductions under the employee group insurance. Aggrieved by the same, the present appeal is Preferred by the appellant/insurance company.

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