- 1 - NC: 2025:KHC:17571 MFA No. 2467 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2467 OF 2020 (MV-I) BETWEEN: NASREEN TAJ, W/O. SALEEMULA, AGED ABOUT 49 YEARS, R/O ANAGODU VILLAGE, DAVANGERE TALUK AND DISTRICT - 577 002. …APPELLANT (BY SRI. SREE HARSHA A K., ADVOCATE) AND: 1. VEERAIAH N. BINNALA, S/O. NAGAIAH, AGED ABOUT 38 YEARS, DRIVER OF KSRTC BUS BEARING, REG NO. KA17/F1287, R/O. NEAR CHAMUNDESHWARI TALIKES, ANJANEYA BADAVANE, NITUVALLI, DAVANAGERE - 577 002. 2. DIVISIONAL CONTROLLER, OWNER OF KSRTC BUS BEARING REG NO. KA17/F1287, K.S.R.T.C. DAVANAGERE DIVISION, DAVANAGERE - 577 002. …RESPONDENTS (BY SMT. H. R. RENUKA, ADVOCATE FOR R2; VIDE ORDER DATED:28.04.2025 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2018 PASSED IN MVC NO. 693/2017 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND VII ADDITIONAL MACT, DAVANGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17571 MFA No. 2467 of 2020 THIS APPEAL, COMING ON FOR PART HEARD, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.693/2017 dated 01.09.2018 by the III Addl. Senior Civil Judge and VII Motor Accident Claims Tribunal, Davangere, the appellant/ claimant is before this Court seeking enhancement of the compensation. The claim petition was filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road traffic accident. 2. It is the case of the claimant that on 08.05.2014 the claimant boarded KSRTC bus at Anagodu village and proceeded towards Chitradurga. At about 2.50 p.m., the bus was reached and stopped near Azad flour mill bus stop, Chitradurga. While the claimant get down from the bus, at that time the driver driven the said bus in rash and negligent manner without signal. Hence, the claimant fell down from the bus and sustained injuries. Immediately, the claimant was admitted to District Government hospital, Davanagere. Due to impact of injuries the claimant had sustained commuted fracture over - 3 - NC: 2025:KHC:17571 MFA No. 2467 of 2020 lower right knee and because of that the claimant had sustained huge amount towards medical expenses. The Tribunal had granted the global compensation of an amount of Rs.10,000/-. Aggrieved thereby the appellant is before this Court seeking enhancement of the compensation. 3. Learned counsel appearing for the appellant/ claimant submits that without considering the injuries sustained by the claimant and the amount that he has spent towards the medical expenses, the Tribunal had granted only an amount of Rs.10,000/- which needs to be enhanced. 4. Learned counsel appearing for respondent No.2/ KSRTC submits that the Tribunal had rightly considered and granted the reasonable compensation and there are no grounds seeking interference with the well considered order passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the entire material on record. Though the evidence of doctor does not support the case of the claimant/appellant that there is a disability, however, the fact remains that as per the wound certificate, the claimant had sustained a grievous injury. - 4 - NC: 2025:KHC:17571 MFA No. 2467 of 2020 Considering the same, this Court is inclined to grant an amount of Rs.25,000/- against the compensation of an amount of Rs.10,000/- that is awarded by the Tribunal. 6. Altogether, the claimant is entitled for compensation of an amount of Rs.25,000/-. 7. Accordingly, the appeal of the claimant is partly allowed enhancing the compensation from an amount of Rs.10,000/- to Rs.25,000/-. The KSRTC is liable to pay the compensation. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The apportionment of the amount shall be as per the order passed by the Tribunal. iii. Respondent No.2-KSRTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. On 28.04.2025, the delay of 409 days is condoned by this court, on the condition that the claimant will not be entitled for the interest, in - 5 - NC: 2025:KHC:17571 MFA No. 2467 of 2020 case of enhancement. Hence, KSRTC is not liable to pay the interest for the delay period. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 4 Sl No.: 2 CT:SK