Enhancement of Compensation Awarded to Deceased's Dependents and Rejection of Transport Corporation's Appeal
Court / Authority
Karnataka High Court
Update / Judgement Date
02 Nov 2026
Date of Publication
05 Nov 2026
Case No.
MFA No. 6187 of 2026 C/W MFA No. 1752 of 2026
Source
WCP News Bulletin
Author
Soumya Gupta — WCP Legal Desk
Reading Time
4 min read
View Count
1
Background / Synopsis
● On 17.10.2023 at 4:30 PM, the deceased, Mohammed Amjad, aged 36 years, was traveling in an Autorickshaw (KA-05-AE-7075).
● A KSRTC bus (KA-40-F-1123) collided with the autorickshaw on the right side of the road (as per spot sketch Ex.P.4), causing fatal injuries to Mohammed Amjad.
● A charge sheet (Ex.P.10) was filed against the bus driver under Sections 279, 338, and 304-A of the IPC.
● Claimants (wife and three minor children) filed MVC No. 1569/2023 before the I Additional Senior Civil Judge & MACT, Tumakuru.
● The Tribunal awarded Rs. 22,45,000/- with 6% p.a. interest, holding KSRTC liable.
● KSRTC filed MFA No. 1752/2026 challenging liability, while claimants filed MFA No. 6187/2026 seeking enhancement of compensation.
Issues For Consideration
1. Whether the Tribunal is justified in fastening the liability on the KSRTC?
2. Whether there are any grounds for enhancement of the compensation awarded by the Tribunal?
Submissions Of Parties
Appellant (KSRTC)
● The autorickshaw driver lacked a valid driving license and violated permit conditions by driving in Gowribidanuru.
● As per the sketch (Ex.P.4), the accident occurred in the middle of the road, showing negligence by the autorickshaw driver.
● The Tribunal ought to have dismissed the claim petition against KSRTC.
Respondents / Claimants
● The charge sheet was filed solely against the bus driver for rash and negligent driving.
● The spot sketch shows the collision occurred on the bus's right side and autorickshaw's correct left side.
● The Tribunal took lower notional income (Rs. 15,000/- instead of Rs. 16,250/- for 2023), failed to add 40% future prospects, and omitted 20% escalation on conventional heads.
Court's Observations & Analysis
Re: Issue 1: Justification of liability on KSRTC
● The spot sketch (Ex.P.4) establishes that the KSRTC bus came to its wrong (right) side and hit the autorickshaw moving on its proper (left) side.
● The charge sheet (Ex.P.10) was filed against the bus driver under IPC Sections 279, 338, and 304-A.
● As the claimants are third parties, alleged permit or driving license violations regarding the autorickshaw have no bearing on KSRTC's liability.
● Held: The accident occurred due to the sole rash and negligent driving of the bus driver; the Tribunal rightly fastened liability on KSRTC. (Para 10)
Re: Issue 2: Grounds for enhancement of compensation
● Notional income for 2023 is fixed at Rs. 16,250/- per month instead of Rs. 15,000/- taken by the Tribunal.
● Applying National Insurance Co. Ltd. v. Pranay Sethi (AIR 2017 SC 5157), 40% future prospects must be added for the 36-year-old deceased (multiplier 15, 1/4th deduction for personal expenses), making loss of dependency Rs. 30,71,370/-.
● Claimants are entitled to loss of consortium with 20% escalation (Rs. 48,000 x 4 = Rs. 1,92,000/-).
● Loss of estate and funeral expenses enhanced with 20% escalation to Rs. 18,000/- each.
● Held: Total compensation enhanced to Rs. 32,99,370/-. (Paras 11-16)
Notable Observations: None
Decision & Directions
● MFA No. 1752/2026 (filed by KSRTC) is dismissed.
● MFA No. 6187/2026 (filed by claimants) is allowed in part.
● Enhanced compensation of Rs. 10,54,370/- awarded with 6% p.a. interest from the petition date until realization.
● KSRTC directed to deposit the enhanced amount before the Tribunal within six weeks.
● Claimants disentitled to interest for the delay period of 249 days in filing the appeal.
● Enhanced compensation split in the ratio of 70:10:10:10 among wife and three minor children.
● 50% of wife's share released and 50% placed in FD for 3 years; entire shares of minor children placed in FD until majority
Full Judgement / Attachment
Full Judgement
Frequently asked questions about Karnataka High Court
- Where does the Karnataka High Court sit and which areas does it cover?
- The Karnataka High Court has its principal seat in Bengaluru, with permanent benches at Dharwad and Kalaburagi. It has jurisdiction over the State of Karnataka. Its history goes back to 1884 as the High Court of Mysore; it was renamed the Karnataka High Court in 1973.
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- It hears writs, civil and criminal appeals for Karnataka, and a significant volume of tax and technology-sector litigation, including income-tax and transfer-pricing appeals arising from the ITAT Bengaluru Bench.
- What is a Writ Appeal in the Karnataka High Court?
- Under Section 4 of the Karnataka High Court Act, 1961, an order of a single judge in a writ petition can be appealed to a Division Bench as a Writ Appeal. A final judgement can be taken to the Supreme Court by a Special Leave Petition under Article 136, ordinarily within 90 days.
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