- 1 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5137 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3048 OF 2021 (MV-I) IN MFA No. 5137/2021 BETWEEN: THE MANAGING DIRECTOR KSRTC RURAL DIVISION BANNIMANTAP MYSORE AND NOW REP BY KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE BY ITS CHIEF LAW OFFICER BENGALURU. …APPELLANT (BY SRI. S NIRMMALA.,ADVOCATE) AND: ADIL S/O SYED KUNVEER AGED 22 YEARS, R/AT NARASIMHASWAMY EXTENSION HUNSUR TOWN MYSURU DISTRICT - 571 105 …RESPONDENT (BY SRI. SYED ABDUL SABOOR.,ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.03.2021 PASSED IN MVC NO.892/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, MYSURU, AWARDING COMPENSATION OF RS.4,35,562/- WITH INTEREST AT 6 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 3048/2021 BETWEEN: ADIL S/O SYED KUNVEER AGED 22 YEARS, R A/T NARASIMHASWAMY EXTENSION, HUNSUR TOWN-571105 MYSURU DISTRICT ...APPELLANT (BY SRI. SYED ABDUL SABOOR.,ADVOCATE) AND: MANAGING DIRECTOR KSRTC RURAL DIVISION, BANNIMANTAP MYSURU-570015 ...RESPONDENT (BY SRI. S NIRMMALA.,ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2021 PASSED IN MVC NO.892/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, ARE COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR - 3 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 ORAL JUDGMENT These two appeals – MFA No.5137/2021 and 3048/2021 are preferred by the Karnataka State Road Corporation (‘KSRTC’ for short) and the claimant respectively questioning the common judgment & award dated 30th March 2021 passed in MVC No.892/2019 by the VII Addl. District Judge and Member, MACT, Mysuru. 2. MFA No.5037/2021 is preferred by the KSRTC for reduction of compensation on the ground that the judgment & award passed by the Tribunal is perverse, arbitrary and illegal and the compensation awarded by the Tribunal is exhorbitant. Whereas, MFA No.3048/2021 is preferred by the claimant on the premise of inadequate and meager compensation awarded by the Tribunal. 3. Parties shall be referred to as per their status before the Tribunal. 4. The case of the claimant in brief is as under: - 4 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 On 6.4.2019 while the claimant was riding a motorcycle bearing registration No.KA-16/L-2967 near Arasu Kallahalli gate on Hunsur – Periyapatna main road, KSRTC bus bearing registration No.KA-19/F-3444 came in a rash and negligent manner and dashed against his motorcycle, due to which he sustained injuries on his right thigh, knee, head and other parts of the body. He sustained permanent disability due to the injuries sustained in the accident and he was not able to do work as he was doing earlier. Prior to the accident, he was hale and healthy and working as Mechanic in HKJ Motors and earning Rs.20,000/- per month. Due to the injuries suffered and the expenses incurred, claimant filed claim petition seeking compensation. 4.1 The KSRTC filed the written statement denying the averments made in the claim petition including age, avocation and income and pleaded that the accident occurred solely due to the negligence of the claimant. - 5 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 4.2 On the basis of the material evidence, both oral and documentary, the Tribunal awarded total compensation of Rs.4,35,562/- alongwith interest at 6% per annum and directed the KSRTC to deposit the compensation amount within 30 days from the date of the judgment. 4.3 Being aggrieved by the impugned judgment and award, the KSRTC as well as the claimant are before this Court questioning the same. 5. It is the vehement contention of learned counsel for the KSRTC that the Tribunal has committed an error in attributing negligence on the driver of the bus, whereas the bus was driving on the left side of the road carefully, cautiously and slowly and the accident occurred due to the negligence of the claimant himself. Further, it is contended that the claimant has not undergone any surgery and no implant has been put to him and therefore, the Tribunal has committed an error in assessing the functional disability at 10% without considering the oral - 6 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 and documentary evidence in the proper perspective. It is also contended that there is no justification for the Tribunal to assess the income of the claimant at Rs.12,000/- per month and it is on the higher side. It is also contended that compensation awarded by the Tribunal under the other heads is also on the higher side, which requires to be reduced. On these grounds, he seeks for reduction of compensation awarded by the Tribunal. 6. Per contra, learned counsel representing the claimant vehemently contends that the compensation awarded by the Tribunal is on the lower side and the Tribunal has committed an error in not taking into consideration the materials placed on record in the proper perspective. Further, it is the case of the claimant that he was working as a Mechanic and earning Rs.20,000/- per month and the Tribunal erroneously taken the income to be Rs.12,000/- per month. Even the Karnataka State Legal Services Authority chart prescribes the notional income of Rs.14,000/- per month for the accident of the - 7 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 year 2019 and therefore, the income requires to be enhanced. On these grounds, he seeks to allow this appeal and enhance the compensation awarded by the Tribunal and consequently dismiss the appeal preferred by the KSRTC. 7. Having heard learned counsels for the parties and on perusal of the material on record, it is seen that occurrence of the accident, involvement of the vehicle, injuries suffered by the claimant in the road traffic accident are all established by production of Ex.P1 to Ex.P14. Therefore, negligence is rightly established against the driver of the KSRTC bus. 8. Now coming to the aspect of age, avocation, income, disability for computation of compensation, the claimant was aged 20 years as on the date of accident and the appropriate multiplier would be ‘18’, which is correctly taken by the Tribunal and the same does not call for interference. Coming to the aspect of assessment of income, though the claimant has stated that he was - 8 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 working as Mechanic and earning Rs.20,000/- per month, no material is placed before the Court with regard to proof of income. In the absence of the same, the Tribunal has taken the income of the claimant to be Rs.12,000/- per month, whereas the Legal Services Authority Chart prescribes the notional income of Rs.14,000/- per month for the accident of the year 2019. Therefore, income requires to be taken as Rs.14,000/- per month in the present case on hand. 9. The doctor has been examined as PW.3. He has stated that the claimant suffered disability to an extent of 30%. It is further stated by the doctor that there is 40% reduction in movement of right knee and muscles weakened by 40% and the hip movement reduced by 20% and on the basis of the evidence of the doctor, the Tribunal has taken the disability at 10%. I am in agreement with the learned counsel for the KSRTC that the functional disability assessed by the Tribunal is on the higher side. On perusal of the wound certificate, it is seen - 9 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 that the claimant suffered four simple injuries. Further, the claimant has not undergone any surgery and no implant has been put to him. Considering the age, avocation and nature of injuries suffered by the claimant, this Court deems it appropriate to reduce the functional disability of the claimant to 5%. 10. In view of the above, loss of income due to disability would be Rs.1,51,200/- (Rs.14,000 x 12 x 18 x 5%) as against Rs.2,59,200/- awarded by the Tribunal. 11. The Tribunal awarded Rs.20,000/- towards loss of amenities. The same is on the lower side and this Court deems it appropriate to enhance the same to Rs.25,000/-. 12. The compensation awarded by the Tribunal under the other heads viz., pain and suffering; medical expenses; attendant charges, food and nourishment; conveyance charges; and loss of income during treatment period, at Rs.60,000/-, Rs. 30,362/-, Rs.13,000/-, - 10 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 Rs.5,000/- and Rs.48,000/- respectively, are just and proper and the same does not call for interference. Accordingly, the same are retained. 13. In view of the above discussion, the claimant would be entitled to total compensation of Rs.3,32,562/- as against Rs.4,33,562/- awarded by the Tribunal, as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Pain and suffering Rs. 60,000-00 2 Medical expenses Rs. 30,362-00 3 Attendant charges food and nourishment Rs. 13,000-00 4 Conveyance charges Rs. 5,000-00 5 Loss of income during treatment period Rs. 48,000-00 6 Disability Rs.1,51,200-00 7 Loss of amenities Rs. 25,000-00 Total Rs.3,32,562-00 Accordingly, I pass the following: - 11 - NC: 2025:KHC:1803 MFA No. 5137 of 2021 C/W MFA No. 3048 of 2021 O R D E R i) These two appeals are disposed of modifying the impugned judgment and award dated 30th March 2021 passed by the Tribunal in MVC No.892/2019. ii) The claimant would be entitled to total compensation of Rs.3,32,652/- alongwith interest at 6% per annum from the date of petition till realization. iii) The amount, if any deposited by the KSRTC shall be transferred to the jurisdictional Tribunal. iv) Balance compensation, if any shall be deposited by the KSRTC within a period of four weeks from the date of receipt of copy of this judgment. v) The compensation amount shall be released in favour of the claimant as per the terms of the Tribunal upon proper identification. vi) All other terms and conditions stipulated by the Tribunal shall stand intact. vii) If any excess amount is paid/deposited by KSRTC, the same shall be refunded to KSRTC. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 48