Synopsis

The appellant-KSRTC filed an appeal seeking reduction of compensation awarded by the Motor Accident Claims Tribunal in a death case arising out of a motor vehicle accident. The claimants filed a cross-objection seeking enhancement of compensation. The deceased, aged 31 years, was employed as an RSSM with M/s. Rajatha Distributors and was earning Rs.11,000/- per month. He died in an accident caused by the rash and negligent driving of a KSRTC bus driver, just a few days before the birth of his son.

The High Court examined the challenge to the salary certificate and the award of compensation under conventional heads. The Court held that the salary certificate was properly proved through the testimony of the employer and that the MV Act being a beneficial legislation, strict rules of evidence applicable in criminal trials are not applicable in motor accident compensation cases. The Court also held that the amount awarded under 'loss of love and affection' would get subsumed in the award for 'loss of consortium'. The Court modified the award, reducing the compensation by Rs.1,48,936/- and awarding interest at 8% per annum.

1. Heading of the Judgment

In the High Court of Karnataka at Bengaluru

Miscellaneous First Appeal No. 4996 of 2020 (Mv-d)

C/W MFA Cross Objection No. 31 of 2021 (Mv-d)

Karnataka State Road Transport Corporation,
1st Depot, Office, Bejai, Mangaluru, By its Divisional Controller, Represented by its Chief Law Officer.

... Appellant

VERSUS

1. SMT. K.S. PAVITHRA, W/o Late K.J. Sushanth Rai, Aged about 34 years,
2. MASTER UDIT RAI, S/o Late K.J. Sushanth Rai, Aged about 3 years 3 months, Represented by his mother and natural guardian K.S. Pavithra,
Both are residing at C/o Raghunath Rai, Pavithra Nilaya, Boru Gudde, Konchady, Mangaluru-575 008.
3. ARUN KUMAR, S/o S.T. Basavarjappa, R/at Hathiraghondana Halli, Hosadurga Taluk, Karehalli Post, Chitradurga District-577 533.

... Respondents

Coram: Hon'ble Mr. Justice Jayant Banerji and Hon'ble Ms. Justice Tara Vitasta Ganju

Core Law

Motor Vehicles Act, 1988 – Section 166 – Claim for compensation – Motor Accident – Rash and negligent driving – Determination of income – Salary certificate – Standard of proof – Future prospects – Loss of consortium – Loss of love and affection – Conventional heads – Rate of interest.

Court

High Court of Karnataka at Bengaluru

Coram: Hon'ble Mr. Justice Jayant Banerji and Hon'ble Ms. Justice Tara Vitasta Ganju (Division Bench)

Date of Judgment: June 4, 2026

Case No.: Miscellaneous First Appeal No. 4996 of 2020 (MV-D) with MFA Cross Objection No. 31 of 2021 (MV-D)

Date: June 4, 2026

2. Legal Framework

Major Laws and Provisions Involved:

• Motor Vehicles Act, 1988 – Section 166 (Application for compensation in case of accident)

• Motor Vehicles Act, 1988 – Section 173 (Appeals against awards)

• Code of Civil Procedure, 1908 – Order XLI Rule 22 (Cross-objections in appeals)

Subject Matter of the Judgment:

Whether the Motor Accidents Claims Tribunal was justified in awarding compensation of Rs.22,41,200/- based on the salary certificate produced by the claimants; whether the salary certificate ought to have been accepted without proof of the employer's business; whether the award of Rs.2,00,000/- towards 'loss of love and affection' was a duplication of 'loss of consortium'; and whether the rate of interest of 6% per annum awarded by the Tribunal required modification.

Key Legal Principles Applied:

Standard of proof in motor accident cases:

The Motor Vehicles Act is a beneficial legislation. The claimant is not required to prove the case beyond reasonable doubt as is required in criminal trials. The standard of proof to be borne in mind is preponderance of probability and not the strict standard of proof beyond all reasonable doubt. In Rajwati v. United India Insurance Co. Ltd., the Supreme Court held that even if a salary certificate or salary slip is not proved in evidence, the Court is not justified in not awarding compensation on that basis.

Salary certificate must be accepted if duly proved:

Where the claimants produce a salary certificate of the deceased on the letterhead of the employer, duly signed by the employer, and the employer is produced as a witness to depose in relation to the salary being earned by the deceased, the Court cannot reject the same merely on the ground that the employer did not produce documents such as licence to show that he was in fact running a business.

Loss of love and affection gets subsumed in loss of consortium:

The Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi has held that the conventional heads of compensation in

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