Bengaluru: The high court has upheld the relief awarded to the family of a man who died in an accident involving a Karnataka State Road Transport Corporation (KSRTC) bus, observing that compensation claims under Motor Vehicles Act should not be assessed using the strict standards of proof followed in criminal cases.A division bench of Justices Jayant Banerji and Tara Vitasta Ganju made the observation while partly allowing an appeal filed by KSRTC against an award passed by Motor Accident Claims Tribunal (MACT), Mangaluru. “The MV Act is a beneficial legislation and the claimant is not required to prove beyond reasonable doubt as to his employment,” the court said, citing a Supreme Court ruling that tribunals must focus on awarding just and fair compensation rather than applying criminal-law standards of evidence.The case relates to an accident that took place on April 4, 2016. KJ Sushanth Rai, 31, was riding his motorcycle from Bantwal Cross Road towards Belthangady when he reached Jakribettu. According to the claim petition, a KSRTC bus coming from the opposite direction attempted to overtake another vehicle, moved onto the wrong side of the road and collided with Rai’s motorcycle. Rai sustained serious injuries and died while being shifted to hospital.His wife and minor sons later approached MACT seeking compensation. They stated that Rai was employed with a private company and earned Rs 18,000 a month. On March 3, 2020, the tribunal awarded a compensation of Rs 22.4 lakh with 6% annual interest, relying on a salary certificate and testimony of Gangadhara Shetty, a partner in the company where Rai worked.KSRTC challenged the award, arguing that salary certificate shouldn’t have been accepted because the employer had failed to produce documents proving he was running the business. It also contended that the tribunal had granted compensation under both “loss of love and affection” and “loss of consortium” categories, resulting in duplication.The high court rejected KSRTC’s objections regarding proof of income. It noted that salary certificate was issued on the company’s letterhead and signed by Shetty, who also appeared before the tribunal and testified about Rai’s salary. “Under these circumstances, this court finds no reason to interfere with the findings of the tribunal,” the bench observed.However, the court agreed with KSRTC that compensation was awarded twice for overlapping claims. It held that the amount awarded under “loss of love and affection” should be included within compensation granted for “loss of consortium”. As a result, the relief was reduced from Rs 22.4 lakh to Rs 20.9 lakh.At the same time, noting that the accident occurred in 2016 and considering the rise in cost of living since then, the high court increased the interest rate on the compensation from 6% to 8% per annum. The deceased’s family will now receive Rs 20.9 lakh with 8% interest.
