- 1 - HC-KAR NC: 2025:KHC:22352 MFA No. 7898 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7898 OF 2017 (MV-I) BETWEEN: THE REGIONAL MANAGER ANDHRA PRADESH STATE ROAD TRANSPORTATION, MUSHEERABAD, HYDERABAD, ANDHRA PRADESH STATE, REP. BY ITS MANAGING DIRECTOR, A.P.S.R.T.C., MUSHIRABAD, HYDERABAD. …APPELLANT (BY SRI. D VIJAYAKUMAR, ADVOCATE) AND: 1. SRI. SATISH CHANDRAN M. R. S/O. RAMAIAH M.M., AGED ABOUT 57 YEARS, R/AT NO.63/A, BTS ROAD, WILLSON GARDEN, JAYANAGAR, BANGALORE-560 027. 2. SRI. M. SHANMUGAM S/O. SRI. MANICKAM, MAJOR, R/AT NO.267, PRIYA STREET, BELLIYAPPA NAGAR, WALAJA PET, TAMIL NADU-632 513. (EX-PARTE) 3. M/S. ORIENTAL INSURANCE CO. LTD., NO.17/A, SKS COMPLEX, KRISHNAGIRI ROAD, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22352 MFA No. 7898 of 2017 RANIPET, TAMIL NADU-632 401. …RESPONDENTS (BY SRI. SHRIPAD V SHASTRY, ADVOCATE FOR R1 SRI. C SHANKAR REDDY, ADVOCATE FOR R3 NOTICE TO R2 IS DISPENSED WITH V/O DTD 21.03.2018) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2017 PASSED IN MVC NO.2273/2013 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND MEMBER M.A.C.T., BENGALURU (SCCH-24), AWARDING COMPENSATION OF RS.4,48,850/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION EXCLUDING THE FUTURE MEDICAL EXPENSES OF RS.10,000/- AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed challenging the judgment and award dated 23.06.2017 passed in MVC.No.2273/2013 by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and MACT, Bengaluru (SCCH-24)1. 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 3. The claim proceedings were instituted by the claimant claiming compensation for the injuries suffered in a 1 Hereinafter referred as to ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:22352 MFA No. 7898 of 2017 road traffic accident dated 15.09.2012 wherein when he was traveling as a passenger in a bus, the same hit a lorry. The owner of the bus was arrayed as respondent No.1 before the Tribunal and the owner and insurer of the lorry were arrayed as respondent Nos.2 and 3. The Tribunal by its judgment and award dated 23.06.2017 partly allowed the claim petition and awarded a total compensation of `4,48,850/- together with interest at 8% per annum and held that the owner of the bus is liable to pay the compensation awarded. The claim proceedings against the owner and insurer of the lorry were dismissed. Being aggrieved, the owner of the bus has preferred the present appeal challenging the finding of the Tribunal on negligence as well as on the quantum of compensation. 4. Heard submissions of learned counsel Sri D Vijayakumar appearing for the appellant, learned counsel Sri Shripad V Shastri appearing for the respondent No.1 – claimant and learned counsel Sri C Shankar Reddy appearing for respondent No.3. 5. It is submitted by the learned counsels that a Co- ordinate Bench of this Court vide the judgment dated - 4 - HC-KAR NC: 2025:KHC:22352 MFA No. 7898 of 2017 16.08.2019 passed in MFA No.8640/2014 c/w MFA No.1180/2014 has partly allowed the appeal filed by the owner of the bus and reduced the compensation awarded. This Court has not set aside the findings of the Tribunal on negligence. Hence, learned counsel Sri D Vijayakumar submits that having regard to the judgment dated 16.08.2019 passed in MFA No.8640/2014 c/w MFA No.1180/2014 the question of considering the contention of the appellant regarding negligence in the present appeal does not arise. 6. With regard to the quantum of compensation, it is noticed that the claimant had sustained injuries to the left and right side of the pelvic region, which injury was surgically treated. The claimant was an inpatient from 15.09.2012 to 01.10.2012. The Tribunal noticing the same, has awarded a sum of `3,43,840/- towards medical expenses which are as per the actual medical bills. The Tribunal has further awarded compensation of `30,000/- towards pain and suffering, `35,000/- towards food, nourishment, attendant and conveyance charges, `30,000/- towards loss of amenities and `10,000/- towards future medical expenses which are just and - 5 - HC-KAR NC: 2025:KHC:22352 MFA No. 7898 of 2017 proper. The Tribunal has not awarded any compensation towards disability, since the claimant has continued in employment. 7. Upon re-appreciation of the material available on the record, the quantum of compensation awarded by the Tribunal is just and proper. 8. However, it is noticed that the Tribunal has awarded interest at 8% per annum. Taking judicial notice of interest awarded with respect to fixed deposits, it is just and proper that the interest awarded by the Tribunal be reduced to 7%. 9. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 23.06.2017 passed in MVC.No.2273/2013 by the XXII Additional Small Causes Judge and XX Additional Chief Metropolitan Magistrate and MACT, Bengaluru (SCCH-24), is hereby modified only to the extent ordered herein, in all other respects the judgment and award of the Tribunal remains unaltered; - 6 - HC-KAR NC: 2025:KHC:22352 MFA No. 7898 of 2017 iii) The appellant shall be liable to pay the compensation awarded by the Tribunal together with interest at 7% per annum; iv) The amount deposited by the appellant together with the records be transmitted to the Tribunal for disbursement in terms of the award of the Tribunal; v) The Registry to draw the modified award accordingly; No costs. SD/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 66