Managing Director Ksrtc Vs Premkumar — Motor Accident Claims | Karnataka HC (2026)

Managing Director Ksrtc Vs Premkumar — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

MFA No.2045/2023 partly allowed: contributory negligence re-fixed at 40% (KSRTC bus) and 60% (lorry); Divisional Manager KSRTC to deposit 40% and National Insurance Co. 60% of Rs.20,64,032/- within one month; Managing Director KSRTC exonerated from interest prior to 06.08.2021 (liable thereafter till realisation); third claimant denied any share; claimants/parents to withdraw equally; deposits already made to be transferred to MACT. MFA No.284/2015 dismissed, confirming the Tribunal's award of Rs.23,50,000/- with 6% interest; Respondent Nos.1 to 3 permitted to withdraw per the Tribunal's apportionment; the deceased parents' 10% share transferred to Respondent No.1 (widow); amount in deposit to be transferred to MACT.

Issue for consideration

In MVC No.403/2012, whether the Tribunal's apportionment of contributory negligence equally (50:50) between the driver of the parked KSRTC bus and the driver of the lorry was correct. +3 more

Court's answer

In MVC No.403/2012, the contributory negligence of the KSRTC bus is fixed at 40% and that of the lorry driver at 60%, replacing the Tribunal's 50:50 apportionment.

Ratio / Principle

The Managing Director of KSRTC is exonerated from paying interest prior to the date of his impleadment (till 06.08.2021), following MFA No.5578/2014; he is liable to pay interest from 06.08.2021 till realisation.

Key takeaways

The Divisional Manager of KSRTC is directed to deposit 40% of the awarded amount of Rs.20,64,032/- and the Insurance Company 60% of the said amount, both within one month from the date of the order.ratio¶93
The third claimant, being the daughter of the first claimant and dependent on him and not on the deceased, is not entitled to any amount.ratio¶95
On deposit, both claimants/parents are permitted to withdraw the entire amount along with accrued interest equally, and the amount already deposited is to be transferred to the MACT.

Detailed headnote1 paragraphs

High Court of Karnataka (P Sree Sudha, J.), common judgment dated 06.02.2026 in MFA No.2045/2023 c/w MFA No.284/2015 (MV-D), both under S.173(1) MV Act arising out of the same fatal accident of 03.12.2011 near Manchakalkuppe, where a KSRTC bus (Reg.No.KA-17-F-652) halted with a burst tyre was dashed from behind by a lorry. (i) MFA No.2045/2023 (death of B.P.Santhosh; MVC No.403/2012, award Rs.20,64,032/- @ 6% p.a.): the Tribunal's 50:50 contributory negligence was modified to 40% (bus) : 60% (lorry); the Divisional Manager KSRTC was directed to deposit 40% and the insurer 60% within one month; relying on MFA No.5578/2014 dated 06.08.2021, the Managing Director of KSRTC was exonerated from interest prior to his impleadment (till 06.08.2021) but remains liable for interest thereafter till realisation; the third claimant (daughter of the first claimant, dependent on her parent and not on the deceased) was held not entitled to any amount. Appeal partly allowed. (ii) MFA No.284/2015 (death of M.K.Girish; MVC No.1180/2012, award Rs.23,50,000/- @ 6% p.a.): the Tribunal's apportionment of 60% (lorry) : 40% (bus) was upheld as just and proper notwithstanding the charge sheet against the lorry driver; appeal dismissed and award confirmed; the 10% share of the deceased parents (Respondent Nos.4 and 5, who expired during pendency) was transferred to the widow (Respondent No.1); amounts in deposit to be transferred to the MACT.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2045 OF 2023 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 284 OF 2015 (MV-D)

IN MFA No. 2045/2023:

BETWEEN:

MANAGING DIRECTOR KSRTC ”SARIGE BHAVANA”, K.H. ROAD BENGALURU-560 027 REPRESENTED BY IT’S CHIEF LAW OFFICER.

…APPELLANT

(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)

AND:

Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka

PREMKUMAR S/O LATE M.B. SHIVALINGAPPA SINCE DEAD BY HIS LEGAL REPRESENTATIVES

SMT. ASHA PREMKUMAR W/O PREMKUMAR AGED ABOUT 61 YEARS

MS. B.P. SUNITHA D/O PREMKUMAR AGED ABOUT 40 YEARS

RESPONDENT NOS.1 AND 2

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ARE R/AT NO.167, 8^TH MAN ORAD 4^TH CROSS, GOKUL 1^ST STAGE BENGALURU-560 054.

MR. R. JAYARAJ S/O RAMASWAMY AGED MAJOR R./AT NO.26/28 KANDIPALYAM WARD ELUR POST, NAMAKKAL DISTRICT NAMAKAL TAMIL NADU-637 018.

THE MANAGER NATIONAL INSURANCE COMPANYLTD NO 74-A, PARAMATHY ROAD NAMAKKAL TAMIL NADU-637 001 (POLICY NO.651300/31/10/6300003320)

…RESPONDENTS

(BY SRI. ANGADI S.V., ADVOCATE FOR R1 & R2; SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R4; V/O DATED 12.09.2024 NOTICE TO R3 IS D/W)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.09.2022 PASSED IN MVC NO.403/2012 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MACT, BENGALURU, (SCCH-22), AWARDING COMPENSATION OF RS.20,64,032/WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF AMOUNT AND FIXING THE LIABILITY OF 50 PERCENT TO THE APPELLANT HEREIN.

IN MFA NO. 284/2015

BETWEEN:

THE DIVISIONAL MANAGER K.S.R.T.C. SHIMOGA DISTRICT SHIMOGA-577 201,

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NOW BY THE MANAGING DIRECTOR K.S.R.T.C., CENTRAL OFFICES, K.H. ROAD, BANGALORE-570 027, REPRESENTED BY ITS CHIEF LAW OFFICER.

...APPELLANT

(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)

AND:

N. RADHA AGED ABOUT 29 YEARS, W/O LATE GIRISH M.K.

DEEKSHITHA G AGED ABOUT 10 YEARS, D/O LATE GIRISH M.K.

RAKSHITHA AGED ABOUT 6 YEARS, D/O LATE GIRISH M.K.

SINCE RESPONDENTS NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR MINOR GUARDIAN RESPONDENT NO.1, SMT. N. RADHA

KARI GOWDA AGED ABOUT 93 YEARS, S/O LATE SONNEGOWDA, SINCE DEAD THE RESPONDENT NOS.1 TO 3 ARE THE LEGAL REPRESENTATIVES

NINGAMMA AGED ABOUT 82 YEARS, W/O KARIGOWDA, SINCE DEAD THE RESPONDENT NOS.1 TO 3 ARE

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THE LEGAL REPRESENTATIVES

ALL THE RESPONDENTS NO.1 TO 5 ARE RESIDENTS OF MARUTHI NILAYA, 7TH CROSS, SANJEEVINI NAGAR, NEAR OM SHAKTHI TEMPLE HEGGANAHALLI CROSS, BANGALORE-560 091.

THE MANAGER NATIONAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, NO.144, SUBRAM COMPLEX, M.G. ROAD, BANGALORE-560 001. (POLICY NO.651300/31/10/63008320) ISSUED BY NAMKKAL DIVISION, TAMILANDU

R JAYARAJ S/O RAMASWAMY, AGED MAJOR, R/AT NO.26-28, KANDIPALYAM WARD, ELUR POST, NAMAKKAL DISTRICT, TAMILANDU-637018, (THE R.C. OWNER OF LORRY NO.T.N.-28-AC-4649.)

...RESPONDENTS

(BY SRI. ANGADI S.V., ADVOCATE FOR R1 & R2, SRI. A N KRISHNA SWAMY FOR R6, ADV., FOR R6; SRI. LOKESH K., ADVOCATE FOR R1 TO R3; V/O DATED 09.04.2021 NOTICE TO R7 IS D/W; V/O DATED 2.1.2023, R1 TO R3 ARE TREATED AS LEGAL REPRESENTATIVES’S OF DECEASED R4 AND R5)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2014 PASSED IN MVC

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NO.1180/2012 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES & XXVI ACMM, MACT, BANGALORE, AWARDING COMPENSATION OF RS.23,50,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

MFA No.2045/2023 is filed by the Managing

Director/KSRTC against the award and judgment passed in MVC 403/2012 by XX Additional Small Causes Judge and Additional Chief Metropolitan Magistrate and MACT, Bengaluru on 29.09.2022 and MFA No.284/2015 is filed by the Divisional Manager, KSRTC against the award and judgment passed in MVC No.1180/2012 by the Court of Small Causes & XXVI ACMM, Benglauru on 15.10.2014.

MFA No.2045/2023

One B.P.Santhosh met with an accident on 03.12.2011 and died subsequently. His legal heirs are parents and sister filed claim petition claiming

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compensation of Rs.45 lakhs. Tribunal considering the entire evidence on record granted an amount of Rs.20,64,032/- with interest at the rate of 6% p.a. But the Tribunal held that there was contributory negligence of the driver of the lorry and driver of the bus in equal ratio of 50:50. Accordingly directed the respondent Nos.1 and 2 to deposit 50% of the compensation in one month.

Aggrieved by the said award Managing Director of

KSRTC preferred this appeal and he mainly contended that they have examined the driver of the bus as RW5. Bus was parked with parking lights on the side of the road and there were lights inside the bus and headlights and parking rear lights were on and there were passengers and the driver of the bus was in the process of replacing the burst front left wheel of the bus. Most of the passengers were standing on the left side of the road. But the driver of the lorry did not notice the parked bus from the long distance, though road was straight. Accident took place on the NH near Manchakalkuppe. It was a two way road with

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road median and no other vehicles were coming in the opposite direction in one way road, but the lorry driver dashed the rear side of the bus which was parked on the left side of the road with high speed and due to the forcible impact, bus moved on to B.P.Santhosh who was standing by the side of the road. As such, the accident occurred only due to the rash and negligence of the driver of the lorry. As per the spot mahazar and sketch Exs.P4 and P5, bus was found on the southern side of mud road and dead body of the BP Santosh was found in the front of left wheel of the lorry near south edge of the tar road and another dead body of Girish was also found near rear left wheel of the bus on the mud road. They were standing on the left side of the parked bus. As the lorry dashed the bus from back side, bus moved and ran over them. Police filed charge sheet against the driver of the lorry. Though there was sufficient space on the right side of the bus to proceed further, the driver of the lorry came in a rash and negligent manner and dashed the rear side of the bus. As

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per the spot mahazar and sketch there was 29 feet wide

tar road which is one way road and the spot of the accident is on the left side edge of the tar road. The accident occurred only due to the rash and negligence of the driver of the lorry and there is no negligence on the part of the driver of the bus, which was parked on the left side edge of the tar road. Income of the claimant was taken at Rs.13,368/- per month as per the oral evidence of PW3 and Ex.P24 is the bank statement. Professional tax

and income tax were not deducted. He was working as a goods processor in First American (India Pvt. Ltd. ) and his age was considered based on the PM report under Ex.P7. Therefore, 40% is added towards future prospects. Multiplier taken is 17 and 50% was deducted towards personal expenses and thus requested for modification of the order.

Learned counsel for respondent No.2 for National

Insurance Company stated that the bus was parked without any parking lights by the side of NH instead of

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taking inside on the mud road. Further, accident occurred at about 03.30 a.m. As such, the lorry driver could not notice the bus. The Tribunal rightly considered all the aspects and assessed the contributory negligence as 50% to each of them and it needs no interference.

Heard the arguments of learned counsel for both sides.

Admittedly, accident occurred in the early hours of the morning. The bus driver was examined to show that they have taken all the precautionary measures like putting on the parking lights and the lights inside the bus and some of the passengers were standing by the side of the bus. It was also observed that there was no mud road on the left side as per the sketch, bus was not on the extreme left side of the road. The manner of accident shows while bus bearing Reg.No.KA-17-F-652 was going from Bangalore to Shivamoga and reached near Manchakalkuppe at Asha Pallavi house, the tyre got burst. As such, it was stopped on the left side of the road and

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they were trying to replace the tyre. At that time, the driver of the lorry came and dashed the bus from behind. Therefore, this Court finds that the contributory negligence of the bus is to be fixed as 40% and that of the driver of

the lorry as 60% instead of 50% by each of them.

Learned counsel for the appellant relied upon a citation reported in MFA No.5578/2014 dated 06.08.2021, in which there was direction to implead the Manager of KSRTC, as he was not impleaded prior to that and he further stated that only from the date of impleading he is liable to pay interest. Admittedly, the accident occurred due to the collision of both the vehicles. The claimants might have added all the necessary parties to the petition at the time of filing this petition itself. But they failed to add the KSRTC till there was direction from the court. Therefore, this Court finds it reasonable to exonerate the Managing Director of the KSRTC from paying interest prior to the date of impleading him till 06.08.2021. However,

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he has to pay interest from 06.08.2021 to till the date of

realisation.

Accordingly, this appeal is hereby partly allowed.

Divisional Manager of KSRTC is directed to deposit 40% of the awarded amount i.e. Rs.20,64,032/- and the Insurance Company is directed to deposit 60% of the said amount. Both of them are directed to deposit within one month from the date of this order.

On such deposit, both the claimants/parents are permitted to withdraw the entire amount along with interest accrued on it equally.

Third claimant is daughter of first claimant and she is depending on him, not on the deceased, as such she is not entitled for any amount.

Amount already deposited is to be transferred to MACT.

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IN MFA NO.284/2015

The brief facts of the case are that, one M. K. Girish, met with an accident on 03.12.2011. His wife, children and parents filed claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.23,50,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. The Tribunal further held that there was contributory negligence on the part of both vehicles, apportioning the negligence at 60% to the driver of the lorry and 40% to the driver of the KSRTC bus. Accordingly, the Managing Director of KSRTC was directed to deposit 40% of the compensation amount. Being aggrieved by the said award Managing Director of KSRTC preferred this appeal.

It is mainly contended that, since the charge sheet has been filed against the driver of the lorry, the entire liability is to be fixed against the lorry driver and not on the KSRTC bus driver. But in view of the reasoning

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given by this Court in MFA No.5578/2014 dated 06.08.2021, this Court finds it reasonable that the finding of contributory negligence fixed by the Tribunal, apportioning 40% negligence to the driver of the KSRTC bus and 60% to the driver of the lorry, is just and proper and it needs no interference. Accordingly, the appeal is dismissed, confirming the award of the Tribunal.

The amount already in deposit shall be

transferred to the MACT.

During the pendency of the appeal, the parents of the deceased expired and the wife and children i.e., respondent Nos.1 to 3, are already on record. Therefore, respondent Nos.1 to 3 are permitted to withdraw the compensation amount in terms of the apportionment made by the Tribunal.

The Tribunal had allotted 5% share each to respondent Nos.4 and 5 (parents of the deceased). Since they have expired and only the wife and children are on

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record, the said 10% share shall also be transferred to the respondent No.1–wife of the deceased. Accordingly, respondent No.1 is permitted to withdraw the said 10%

share apportioned in favour of respondent Nos.4 and 5.

On such deposit, except the minor petitioners,

others are permitted to withdraw the entire amount.

Sd/(P SREE SUDHA) JUDGE

AKV,AMA CT:NR List No.: 1 Sl No.: 57

Procedural history

How this case reached the court

AI extract

Order under challenge
Two tribunal awards under challenge: (1) judgment and award dated 29.09.2022 in MVC No.403/2012 by the XX Additional Small Causes Judge and Additional Chief Metropolitan Magistrate and MACT, Bengaluru (SCCH-22), awarding Rs.20,64,032/- with 6% interest and fixing 50% liability on KSRTC (challenged in MFA No.2045/2023); (2) judgment and award dated 15.10.2014 in MVC No.1180/2012 by the Judge, Court of Small Causes & XXVI ACMM, MACT, Bangalore, awarding Rs.23,50,000/- with 6% interest (challenged in MFA No.284/2015).¶27
XX Additional Small Causes Judge and Additional Chief Metropolitan Magistrate and MACT, Bengaluru (SCCH-22); Judge, Court of Small Causes & XXVI ACMM, MACT, Bangalore · 29.09.2022 (MVC No.403/2012); 15.10.2014 (MVC No.1180/2012)
Prior proceeding
Death of B.P.Santhosh in a road accident on 03.12.2011; his legal heirs (parents and sister) filed a claim petition claiming Rs.45 lakhs.¶61
Prior proceeding
Tribunal in MVC No.403/2012 awarded Rs.20,64,032/- with interest at 6% p.a.¶64
Prior proceeding
Tribunal in MVC No.403/2012 held contributory negligence in equal ratio of 50:50 between the lorry driver and the bus driver and directed respondent Nos.1 and 2 to deposit 50% of the compensation.¶64
Prior proceeding
Police filed charge sheet against the driver of the lorry.¶69
Prior proceeding
By direction in MFA No.5578/2014 (decided 06.08.2021), the Manager of KSRTC was impleaded, he not having been impleaded earlier; KSRTC claims interest liability only from the date of impleading.¶86
Prior proceeding
Death of M.K.Girish in the same accident on 03.12.2011; his wife, children and parents filed a claim petition claiming Rs.50,00,000/-.¶100
Prior proceeding
Tribunal in MVC No.1180/2012 awarded Rs.23,50,000/- with 6% interest and apportioned negligence 60% to the lorry driver and 40% to the KSRTC bus driver, directing the Managing Director of KSRTC to deposit 40%.¶100
Prior proceeding
During pendency of MFA No.284/2015, the parents of the deceased (Respondent Nos.4 and 5) expired; Respondent Nos.1 to 3 were treated as their legal representatives vide order dated 2.1.2023.¶107