- 1 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 8624 OF 2023 (MV-I) BETWEEN: MR. VINOD A, S/O ACHUTHA RAO, AGED ABOUT 42 YEARS, R/AT NO.5, R.R.NILAYA, 12TH CROSS, KRISHNAPPA LAYOUT, NEAR GEETHANJALI STORES, KENGERI UPANAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560 060. …APPELLANT (BY SRI LOHITH M, ADVOCATE) AND: 1. KSRTC, REPRESENTED BY ITS MANAGING DIRECTOR, OFFICE AT TRANSPORT HOUSE, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU - 560 027. ALSO HAVING OFFICE AT: DAVANAGERE KSRTC BUS STATION, DAVANAGERE DIPO-1, SH-76, KB EXTENSION, DAVANAGERE - 577 002. 2. MR. PARAMESHWARAPPA, S/O VEERAPPA, AGED ABOUT 41 YEARS, W/AT: DAVANAGERE KSRTC BUS STATION, DAVANAGERE DIPO-1, SH-76, KB EXTENSION, DAVANAGERE - 577 002. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 R/AT B. DURGA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 526. …RESPONDENTS (BY SRI D. VIJAYA KUMAR, ADVOCATE FOR R1; R2 - SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.11.2023 PASSED IN MVC NO.2344/2021 BY THE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU CITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is preferred by the appellant-claimant challenging the judgment and award dated 04.11.2023 passed in MVC.No.2344/2021 by the Motor Vehicles Accident Claims Tribunal, Benglauru City (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal. 2. Parties to the appeal shall be referred to as per their status before the tribunal. - 3 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 3. Brief facts of the case are as under: On 11.11.2019 at about 11.00 a.m., the claimant was travelling in the first respondent's bus bearing registration No.KA-17-F-1606 from Bengaluru to Davanagere, at that time, the driver of the bus drove the bus in a rash and negligent manner with high speed and dashed against the moving lorry from behind. Due to the said impact, the inmates in the bus sustained grievous injuries, the claimant is one of the inmate, who also suffered injuries. Immediately, the claimant was shifted to Chitradurga District Government Hospital, wherein, first aid treatment was given and thereafter, to Shreya Hospital, wherein, he took treatment as an inpatient. The claimant spent huge amount towards medicine, nourishment, transportation and conveyance etc. Hence, the claimant filed claim petition seeking compensation. 3.1 On service of notice, respondent No.1- Corporation appeared and filed written statement denying the averments made in the claim petition and hence, - 4 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 sought for dismissal of the claim petition. However, respondent No.2 did not make his appearance and was placed ex parte. 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 global compensation of Rs.2,50,000/- along with interest @ 6% p.a. and directed respondent No.1-Corporation to deposit the compensation within a period of 60 days. 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 appellant-claimant that the tribunal has awarded meager compensation and has not taken into consideration the magnitude of injuries, surgery undergone and removal of implants. The tribunal also failed to award compensation under actual medical - 5 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 expenses met, as well as loss of amenities of life. On these grounds, he seeks enhancement of compensation. 5. Per contra, Sri D.Vijayakumar, learned counsel representing the respondent-Corporation vehemently objects the submissions and arguments of the learned counsel for appellant-claimant and contends that just and reasonable compensation has been awarded by the tribunal. He also contends that though certain injuries are suffered, it is not severe and serious in nature from the fracture of the clavicle bone and does not affect the earning capacity of the appellant-claimant, who is working as a Marketing Executive in a private Company. It is also contended by the learned counsel that there is no reduction of salary, he has continued to work in the Company and has produced salary slips after six months from the date of occurrence of the accident, which itself established and proved the fact that there is no reduction in the earning capacity or losing of the job. Accordingly, he seeks dismissal of the appeal. - 6 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 6. Having perused the impugned judgment and award and submissions made by the learned counsels appearing for both parties, it is apparently seen that there is no reduction of salary in the appellant-claimant, he is continuing to work in the same Organisation. Exs.Ps.14 and 15 are produced to show the pay slip and Bank statement. No material has been placed before the Court to show any lack of earning capacity or for the matter of losing a job or reduction in the salary. The tribunal has taken into consideration all these aspects and having considered 7.8% of the disability, the global compensation of Rs.2,50,000/- is awarded. I do not find any good ground or cogent reason to interfere with the judgment and award passed by the tribunal, as no material is placed by the appellant to show any reduction in salary or losing of a job. Therefore, the global compensation awarded by the tribunal is justifiable and the same is reasonable as well. It is also relevant to note that the actual medical bills produced at Ex.P9 is Rs.1,365/-. No other material is - 7 - NC: 2025:KHC:1425 MFA No. 8624 of 2023 placed to have incurred expenditure through the road traffic accident and injuries sustained in the accident. 7. Accordingly, I pass the following: ORDER i) The appeal is dismissed; ii) I do not find any need to interfere with the judgment and award passed by the tribunal; iii) The amount, if not already paid, shall be paid within four weeks from the date of receipt of copy of this judgment; iv) Order accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK