- 1 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 7647 OF 2023 (MV-I) BETWEEN: HAPURAM PATEL, S/O HIRARAMJI, 52 YEARS, OCC: NIL, R/A - 343/216, 7TH MAIN, 7TH CROSS NEAR PRESIDENCY SCHOOL,, ITTAMADU, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …APPELLANT (BY SRI SHARADAMBA A.R., ADVOCATE) AND: THE MANAGING DIRECTOR, K.S.R.T.C., SHANTHINAGAR, K.H.ROAD, BENGALURU - 560 027. …RESPONDENT (BY SRI. D.VIJAYAKUMAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.08.2023 PASSED IN MVC NO.1077/2022 BY XIV ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 ORAL JUDGMENT This appeal is preferred by the claimant challenging the judgment and award dated 05.08.2023 passed by XIV Additional Small Causes Judge and MACT, Bengaluru (for short ‘the Tribunal’) in MVC No.1077/2022. This appeal is founded on the premise of inadequacy of compensation. Hence, the appellant-claimant seeks enhancement of compensation. 2. Parties to the appeal shall be referred to as per their status before the tribunal. 3. Brief facts of the case are as under: That on 26.01.2022 at about 11.00 p.m., the claimant was travelling in a KSRTC bus bearing registration No.KA-42-F-2265, when they reached near Mungilipattu village, Chandragiri mandalam, the driver of the said KSRTC bus drove the bus in a rash and negligent manner, thereby lost control and caused the road traffic accident. Due to the said impact, the claimant sustained grievous injuries. Immediately, he was shifted to - 3 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 Sri Venkateshwara Ramanarayana Ruia Government Hospital, Tirupati and thereafter, to Sri Ramadevi Multi Super Speciality Hospital, Tirupathi, wherein, he took treatment. Further, the claimant came back to Bengaluru and took treatment at Puttur Hospital as an outpatient and later, he was admitted to D.G.Hospital, Bengaluru, wherein, he took treatment as an inpatient from 19.02.2022 to 20.02.2022 and underwent surgery. The claimant spent a huge amount towards hospitalisation, medical treatment, conveyance and other incidental charges. Hence, the claimant filed a claim petition seeking compensation. 3.1 On service of notice, respondent appeared through its counsel and filed written statements, denying the averments made in the claim petition and sought for dismissal of the claim petition. 3.2 On the basis of material evidence, both oral and documentary and on hearing the submissions of learned counsels for both parties, the tribunal awarded - 4 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 compensation of Rs.3,27,320/- with interest @ 6% p.a. and directed respondent-Corporation to deposit the compensation amount within two months. 3.3 Being aggrieved by the inadequate compensation amount awarded by the tribunal, the claimant is before this Court seeking enhancement of compensation. 4. It is the vehement contention of the learned counsel for appellants-claimants that the tribunal has committed an error in awarding meager compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation. 5. Per contra, learned counsel representing the respondent-Corporation contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal. 6. Having heard learned counsel for appellant- claimant and learned counsel for respondent-Corporation, - 5 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 the occurrence of the accident, involvement of the vehicle and injuries sustained by the claimant in the road traffic accident are all established and proved by the production of Exs.P1 to P17. Therefore, the negligence is rightly attributed against the driver of the KSRTC bus. 7. Now coming to the aspect of age, multiplier, avocation, income and disability, it is stated that age of the claimant was 52 years as on the date of occurrence of accident. The tribunal taken the income of Rs.15,500/- per month as notional income and the appropriate multiplier applied by the tribunal is '11', which do not call for interference and the same are retained. The Doctor has been examined as PW.2, he has opined the disability to an extent of 29% and 15% to the whole body. This aspect is not agreed by the tribunal and has taken the disability at 9%. This Court is of the opinion that a marginal increase is required i.e., 10% as against 9%. Therefore, the loss of future income due to disability would be Rs.2,04,600/- - 6 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 (Rs.15,500/- x 12 x 11 x 10%) as against Rs.1,84,140/- awarded by the tribunal. 8. The tribunal awarded Rs.30,000/- towards pain and suffering, Rs.4,000/- towards nourishment, conveyance and attendant charges, Rs.63,680/- towards medical expenses and Rs.10,000/- towards future medical expenses, which do not call for interference and the same are retained. 9. The tribunal awarded Rs.20,000/- towards loss of amenities. However, this Court deems it appropriate to award Rs.30,000/- under this head. 10. The tribunal awarded Rs.15,500/- towards loss of income during laid up period and rest period. In view of the tribunal having assessed the income at Rs.15,500/- per month, the claimant would require atleast three months period to recuperate and to get back to his normal day to day activities. Therefore, claimant would be entitled to Rs.46,500/- (Rs.15,500/- x 3) under this head. - 7 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 11. In view of the above, the claimant would be entitled to a total compensation of Rs.3,88,780/- as against Rs.3,27,320/- as mentioned in the table below: Heads Amount in Rs. Loss of future income due to disability 2,04,600-00 Pain and suffering 30,000-00 Loss of amenities 30,000-00 Nourishment, conveyance and attendant charges 4,000-00 Loss of income during laid up period and rest period 46,500-00 Medical expenses 63,680-00 Future medical expenses 10,000-00 TOTAL 3,88,780-00 12. Accordingly, I pass the following: ORDER i) The appeal is allowed-in-part; ii) The judgment and award dated 05.08.2023 passed in MVC.No.1077/2022 by XIV Additional Small Causes Judge and MACT, Bengaluru, is modified; iii) The claimant is entitled to a total compensation of Rs.3,88,780/- as against Rs.3,27,320/-; - 8 - NC: 2025:KHC:5509 MFA No. 7647 of 2023 iv) The enhanced compensation amount shall be paid with interest @ 6% p.a. by respondent- Corporation within a period of four weeks from the date of receipt of a copy of this judgment; v) The compensation amount shall be released in favour of the appellant-claimant upon proper verification; vi) It is made clear that future medical expenses shall not carry interest. vii) All other terms and conditions stipulated by the tribunal shall stand intact; viii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK