- 1 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6753 OF 2021 (MV-I) BETWEEN: SRI Y P NARAYANASWAMY S/O LATE POTHALAPPA AGED ABOUT 58 YEARS R/AT FARM HOUSE R V GARDEN P C HALLI KOLAR CITY KOLAR PINCODE- 563101. …APPELLANT (BY SMT. SUGUNAMMA AND SUGUNA R REDDY., ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER K.S.R.T.C. KOLAR DIVISION KOLAR PIN CODE-563101. 2. ISRAR KHAN S/O SARDAR KHAN MAJOR IN AGE R/AT NO.28, BYLANARASAPURA HOSKOTE TALUK BANGALORE RURAL DISTRICT PIN CODE-562114. 3. THE BRANCH MANAGER SHRIRAM GENERAL INSURANCE COMPANY LTD., NEAR AKSHARA EYE HOSPITAL D C HALLI ROAD IIM POST BILAKAHALLI, BANNERGHATTA ROAD BANGALORE PIN CODE- …RESPONDENTS (BY SMT. RENUKA H R., ADVOCATE FOR R1; Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 B.PRADEEP FOR R3; V/O DATED 23.09.2025, NOTICE TO R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.24.09.2021 IN MVC NO.226/2018 ON THE FILE OF THE COURT OF THE PRL. SENIOR CIVIL JUDGE, CJM, MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.226/2018 dated 24.09.2021 by the Principal Senior Civil Judge and MACT, Kolar whereby the Tribunal had granted compensation of an amount of Rs.1,65,400/-, the claimant is before this Court seeking enhancement of compensation. 2. The claim petition was filed under Section 166 of Motor Vehicles Act, seeking compensation of an amount Rs.20,00,000/- for the injuries sustained in the accident. 3. The brief facts of the case is that on 30.03.2018 when the claimant was traveling in a KSRTC bus at about 11.00 a.m. - 3 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 when the bus reached near BIMAL car showroom, NH-75 on Kolar Bangalore road, Hosakote the driver of the KSRTC bus drove the bus in a rash and negligent manner and dashed to the rear side of lorry which was parked in the road divider without any signal. As a result of which, 15-20 inmates of the bus along with the claimant sustained multiple and grievous injuries all over the body. The Tribunal has held that there is contributory negligence on part of the driver of the lorry as well as on the driver of the KSRTC bus and directed both of them to pay 50% of the compensation and awarded the compensation as per the table given below: Heads Compensation Awarded 1. Food, nourishment, conveyance and attendant charges Rs. 10,000/- 2. Pain and suffering Rs. 1,00,000/- 3. Medical expenses Rs. 25,400/- 4. Loss of amenities Rs. 30,000/- TOTAL Rs. 1,65,400/- 4. Learned counsel appearing for the claimant submits that he was in hospital for 23 days, under the head of incidental expenses only an amount of Rs.10,000/- is granted - 4 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 by the Tribunal which is not a reasonable amount. It is submitted that he had sustained 18% disability, the amount that is awarded under the head of loss of amenities is not just and reasonable compensation. No amount is awarded towards loss of income during the laid up period. It is submitted that he has taken leave for 3 months and his salary is an amount of Rs.72000/- and he is entitled for loss of income during laid up period. It is submitted that the compensation that is awarded by the Tribunal is not a just and reasonable and needs to be enhanced. 5. Learned counsel appearing for the respondent/Insurance company submits that the Tribunal had rightly granted compensation and no interference is called for. 6. Learned counsel appearing for the KSRTC submits that they have not preferred any appeal and they are satisfied with the compensation that is awarded by the Tribunal. 7. Having heard the learned counsels on either side, perused the material on record. Considering the injuries sustained by the claimant, the Tribunal had granted an amount - 5 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 of Rs.1,00,000/- towards pain and suffering, this Court do not find any reason to interfere. Towards food, nourishment, conveyance and attendant charges, as he was there in hospital for 23 days, this Court is granting an amount of Rs.23,000/-. Towards medical expenses, the Tribunal had rightly granted compensation and no enhancement is required. Towards loss of amenities, the Tribunal had granted an amount of Rs.30,000/, considering the disability, this Court is granting an amount of Rs.60,000/-. Towards the loss of income during the laid up period, the claimant's salary is Rs.72,000/- and no evidence is adduced in that regard. The accident had occurred in the year 2018, taking income at Rs.12,500/-, this Court is granting an amount of Rs.37,500/- (Rs.12,500x3). 8. 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 claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 9. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Food, nourishment, conveyance and attendant charges Rs. 10,000/- 23,000/- 2. Pain and suffering Rs. 1,00,000/- 1,00,000/- 3. Medical expenses Rs. 25,400/- 25,400/- 4. Loss of amenities Rs. 30,000/- 60,000/- 5. Loss of income during the laid up period Rs. 00/- 37,500/- 6. Legal expenses Rs. 00/- 10,000/- TOTAL Rs. 1,65,400/- 2,55,900/- Enhancement Rs. 90,500/- 10. Altogether, the claimant is entitled for compensation of an amount of Rs.2,55,900/-. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,65,400/- to Rs.2,55,900/-. - 7 - HC-KAR NC: 2025:KHC:38691 MFA No. 6753 of 2021 i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The apportionment of the amount shall be as per the order passed by the Tribunal. iii) The amount shall be deposited 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. vi) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 3