- 1 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.6727 OF 2013(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 6677 OF 2012(MV) MISCELLANEOUS FIRST APPEAL NO. 6678 OF 2012 (MV) MISCELLANEOUS FIRST APPEAL NO. 10300 OF 2012(MV) IN MFA No. 6727/2013: BETWEEN: THE MANAGING DIRECTOR, TAMILNADU STATE TRANSPORT, CORPORATION (SALEM) LTD., NO.12, RAMAKRISHNA ROAD, SALEM-7. ADDRESS IS WRONGLY MENTIONED AS (BRANCH OFFICE, KEMPEGOWDA BUS STOP BANGALORE) …APPELLANT (BY SRI. SATHEESH H. K.,ADVOCATE) AND: ARUN KUMAR, S/O. RAMASWAMY, AGED ABOUT 23 YEARS, RESIDING AT NO.113, MAHADESHWARANAGAR, MAGADI ROAD, BENGALURU- 560023. …RESPONDENT (V/O. DATED 22.01.2018, NOTICE TO RESPONDENT HELD-SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.04.2012 PASSED IN MVC NO.1495/2010 ON THE FILE OF THE JUDGE AND MEMBER Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 MACT (SCCH-09), BANGALORE, AWARDING THE COMPENSATION OF RS.1,65,065/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITIONS TILL DEPOSIT. IN MFA NO. 6677/2012: BETWEEN: SRI. ARUN KUMAR S/O RAMASWAMY,AGED ABOUT 22 YEARS, OCC-NIL (CENTERING WORK MESTRI) RESI: 113, MAHDESHWARNAGAR, MAGADI ROAD, BANGALORE-85 ...APPELLANT (BY SMT. M.C. UMADEVAMMA, ADVOCATE) AND: MANAGING DIRECTOR, TAMILNADU TRANSPORT CORPRATION(M.D.T.N.ST.C.LTD), NO.12, RAMAKRISHNA ROAD,SALEM-7, (BRANCH OFFICE-KEMPEGOWDA BUS STOP, BANGALORE) ...RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS MFA FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.04.2012 PASSED IN MVC NO. 1495/2010 ON THE FILE OF THE JUDGE, MEMBER MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 6678/2012: BETWEEN: SRINIVASA @ SEENAPPA S/O MEDURAPPA AGED ABOUT 23 YEARS, OCC:NIL (CENTERING WORK MESTRI) RESI: 113, MAHDESHWARNAGAR, MAGADI ROAD, BANGALORE-85. ...APPELLANT (BY SMT. M. C. UMADEVAMMA, ADVOCATE) - 3 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 AND: MANAGING DIRECTOR, TAMILNADU TRANSPORT, CORPORATION (M.D.T.N.ST.C.LTD.) NO.12, RAMAKRISHNA ROAD, SALEM-7(BRANCH OFFICE-KEMPEGOWDA BUS STOP, BANGALORE-85) ...RESPONDENT (BY SRI. B. PURANDARA, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.04.2012 PASSED IN MVC NO.2357/2010 ON THE FILE OF JUDGE AND MEMBER-MACT, (SCCH-09), BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 10300/2012: BETWEEN: THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION (SALEM) LTD, NO.-12, RAMAKRISHNA ROAD, SALEM-7 ADDRESS IS WRONGLY MENTIONED AS (BRANCH OFFICE, KEMPEGOWDA BUS STOP BANGALORE) ...APPELLANT (BY SRI. B. PURANDARA, ADVOCATE) AND: SRINIVASA @ SEENAPPA S/O MEDURAPPA, AGED ABOUT 23 YEARS, RESIDING AT NO.113, MAHADESHWARANAGAR, MAGADI ROAD,BENGALURU. (PH-9845265558) ...RESPONDENT (BY SMT. M.C. UMADEVAMMA, ADVOCATE V/O. DATED 20.02.2017) - 4 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.4.2012 PASSED IN MVC NO.2357/2010 ON THE FILE OF JUDGE, MEMBER, MACT, (SCCH-09), BANGALORE, AWARDING A COMPENSATION OF RS.1,37,805/- WITH INTEREST @ 8% P.A FROM THE DATE OF THE PETITIONS TILL THE DATE OF DEPOSIT. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC Nos.1495/2000 & 2357/2010 both the claimants as well as the TNSTC Ltd., are before this Court. The appeal of the Corporation is MFA No.6727/2013 against the award passed in MVC No.1495/2000 and the claimant's appeal is MFA No.6677/2012 and the Corporation appeal against MVC No.2357/2010 is MFA No.10300/2012 and the claimant's appeal is MFA No.6678/2012. 2. It is the case of the claimants that on 03.12.2009 at about 16:30 hours they had gone to their native at Tamilnadu in a bike and they have stopped the vehicle on the side of the road with indication to go to nature call and at that time, all of a sudden Salem bus came with high speed in a rash and - 5 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 negligent manner and dashed to both of them and caused the accident. Immediately, both of them were shifted to the local hospital and went to NIMHANS, Sanjay Gandhi hospital, Victoria Hospital, Puttur hospital and they have spent huge amount for treatment. As per the evidence of the doctor, both the claimants have sustained 22% disability. However, the tribunal had taken 10% as disability. Coming to the income, it is the case of the claimants that they are earning an amount of Rs.500/- per month but the tribunal had taken Rs.3,000/- and granted the compensation as per the table given below: In MVC No.1495/2010 Heads Compensation Awarded 1. Pain, injuries and Suffering : Rs. 30,000/- 2. Medical and incidental Expenses : Rs. Rs. 28,965/- 5,000/- 3. Loss of earning during laid up period : Rs. 10,500/- 4. Loss of future earning capacity : Rs. 75,600/- 5. Loss of amenities in future life : Rs. 15,000/- TOTAL : Rs. 1,65,065/- - 6 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 In MVC No.2357/2010 Heads Compensation Awarded 1. Pain, injuries and Suffering : Rs. 30,000/- 2. Medical and incidental Expenses : Rs. Rs. 1,705/- 5,000/- 3. Loss of earning during laid up period : Rs. 10,500/- 4. Loss of future earning capacity : Rs. 75,600/- 5. Loss of amenities in future life : Rs. 15,000/- TOTAL : Rs. 1,37,805/- 3. The Corporation is before this Court on the ground that the accident occured because of the contributory negligence on the part of the claimants. It is submitted that the claimants were not having a valid Driving Licence and the bus was damaged on the left part which shows that it is the negligence on the part of the claimants. Learned counsel appearing for the Corporation submits that the tribunal has failed to appreciate the evidence placed before it, which shows that because of the negligence, the accident had taken place. He submits that they have examined the driver and he has also - 7 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 stated that they came on the wrong side and dashed to the bus. It is submitted that because of the negligence on the part of the claimants, accident has happened and the tribunal without looking into any of these aspects has fastened the liability on the Insurance Company. It is further submitted that interest is awarded at 8% which is on the higher side. On this learned counsel for the claimants submits that the tribunal had rightly considered the evidence on record and the charge sheet, FIR and all the documents point out at the negligence of the driver of the bus and the tribunal had rightly held that the accident has happened because of the negligence of the driver of the bus. It is submitted that no interferences is called for on that aspect. 4. Coming to the compensation that is awarded in MVC No.1495/2010, learned counsel submits that he has sustained 2 injuries and under the head of pain and suffering the amount that was granted is not reasonable compensation. He was in the hospital for a period of 90 days but the tribunal had granted a meagre amount under the head of attendant nourishment and transportation. Further, the tribunal had taken - 8 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 income at Rs.3,000/- which is on the lower side. Further, it is submitted that when the doctor had deposed that claimant has sustained 22% disability to the limb, the tribunal without any basis and any discretion had taken the disability at 10%. Further, even under the head of loss of amenities also the amount that is granted is on the lower side . 5. Further, coming to MVC No.2357/2010, it is submitted that even in this case also, the disability taken by the tribunal is on the lower side and compensation granted is not just and reasonable. 6. In response to that, learned counsel for the Corporation submits that the tribunal had rightly granted the compensation and there are no grounds to enhance the compensation. 7. Having heard learned counsels on either side and perused material on record, first coming to the aspect of liability the evidence on record i.e., the FIR, the charge sheet and as per the police records, it is because of the negligence on the part of the driver of the Corporation offending vehicle, the - 9 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 accident happened. Except examining the doctor, no other evidence is placed on record by the claimants and by placing the police records and other documents they have discharged their burden, whereas the Corporation had failed to discharge the burden cast on it and in that view of the matter, this Court is of the view that the finding of the Court with regard to the negligence on the part of the driver of the Corporation needs no interference. 8. Then coming to the interest part, the tribunal had granted 8% interest, which is on the higher side. Hence, the appeal of the Corporation i.e., MFA No.6727/2013 and MFA 10300/2012 are partly allowed by reducing the rate of interest from 8% to 6%. 9. Then coming to the appeals filed by the claimants seeking enhancement of the compensation in MVC.No.1495/2010, considering the two injuries sustained by the claimant, this Court is granting an amount of Rs.60,000/- towards pain and suffering. The tribunal had rightly granted an amount of Rs.28,965/- towards medical expenses and there are no grounds to interfere with the same. Coming to the - 10 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 attendant, nourishment and transport, considering the hospitalization, this Court is granting an amount of Rs.60,000/-. Then coming to the income, though it is stated that he is earning Rs.5,500/- per day, no evidence is adduced and hence, considering the chart of the Legal Services Authority for the accident of the year 2009, this Court is taking the notional income at Rs.5,000/- and is granting an amount of Rs.25,000/- under income during laid up period. Then coming to the loss of future income, the income is taken as Rs.5,000/- and coming to the disability, doctor has deposed that it is 22% disability to the whole body and without there being any discussion, the tribunal ought not have taken 10% and this Court is taking 22% as disability. Hence, Rs.2,37,600/- (Rs.5,000/- X 12 X 18 X 22%) is awarded under loss of future income. 10. Considering 22% disability, towards loss of amenities, this Court is granting Rs.30,000/- and in the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER1, the claimants 1 (2014) 11 SCC 178 - 11 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 are entitled for an amount of Rs.10,000/- towards legal expenses. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 30,000/- 60,000/- 2. Medical Expenses : Rs. Rs. 28,965/- 5,000/- 28,965/- 3. Loss of earnings during laid up period : Rs. 10,500/- 25,000/- 4. Loss of future income : Rs. 75,600/- 2,37,600/- 5. Loss of amenities : Rs. 15,000/- 30,000/- 6. Attendant, nourishment and transportation charges : Rs. 00/- 60,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,65,065/- 4,51,565/- 11. Altogether the claimant is entitled for an amount of Rs.4,51,565/-. 12. Coming to MVC No.2357/2010, considering the two injuries under the head of pain and suffering, Rs.60,000/- is awarded. As he was in hospital for 70 days towards attendant and nourishment, Rs.17,000/- is awarded. The compensation awarded under medical expenses does not call - 12 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 for interference. Coming to the loss of income during the laid up period, for 3 months, this Court is awarding Rs.15,000/-. Then coming to the loss of future income, the income is taken as Rs.5,000/- and coming to the disability, doctor has deposed that it is 22% disability to the whole body and without there being any discussion, the tribunal ought not have taken 10% and this Court is taking 22% as disability. Hence, Rs.2,37,600/- (Rs.5,000x12x18x22/100) is awarded towards loss of future income. Considering 22% disability, towards loss of amenities, this Court is granting Rs.30,000/-. 13. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER2, the claimants are entitled for an amount of Rs.10,000/- towards legal expenses. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Suffering : Rs. 30,000/- 60,000/- 2. Medical expenses : Rs. Rs. 1,705/- 5,000/- 1,705/- 2 (2014) 11 SCC 178 - 13 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 3. Loss of Income during laid up period : Rs. 10,500/- 15,000/- 4. Loss of future earnings : Rs. 75,600/- 2,37,600/- 5. Loss of amenities : Rs. 15,000/- 30,000/- 6. Attendant, nourishment and transportation charges : Rs. 00/- 17,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,37,805/- 3,71,305/- 14. Altogether, the claimant is entitled for an amount of Rs.3,71,305/-. 15. Accordingly, MFA.No.*6678/2012 filed by the claimant is partly allowed enhancing the compensation from Rs.1,37,805/- to Rs.3,71,305/-. The Corporation is liable to pay the compensation. 16. MFA.No.*6677/2012 is partly allowed by enhancing the compensation from an amount of Rs.1,65,065/- to Rs.4,51,565/-. The Corporation is liable to pay the compensation. ii) The enhanced amount shall carry interest at the rate of 6% per annum from the date of order till the date of realisation. * Corrected vide chamber order dated: 25/07/2025. - 14 - NC: 2025:KHC:13421 MFA No. 6727 of 2013 C/W MFA No. 6677 of 2012 MFA No. 6678 of 2012 MFA No. 10300 of 2012 iii) The Corporation 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) Registry is directed to return the trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. v) No costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DS CT:TSM List No.: 3 Sl No.: 20