- 1 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2993 OF 2021 (MV-I) BETWEEN: MR ARJUN H.P., S/O PUTTEGOWDA H K AGED ABOUT 24 YEARS R/AT HEGGADAHALLI MAKAVALLI KRISHNARAJPET MANDYA – 571 426 …APPELLANT (BY SRI. K.T.GURUDEVA PRASAD, ADVOCATE) AND: THE MANAGING DIRECTOR (KSRTC) MOTOR CLAIMS HUB DOUBLE ROAD SHANTHINAGAR BENGALURU – 560 027 …RESPONDENT (BY SRI. HAREESH BHANDARY T., ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2019 PASSED IN MVC NO. 2697/2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-21), 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 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.2697/2018 dated 03.08.2019 by the XVII Additional Judge, Court of Small Causes& Member, MACT, Mayo Hall Unit, Bengaluru, whereby the Tribunal had fixed 25% contributory negligence on the part of the claimant and 75% on the driver of the BMTC bus and further questioning the quantum of compensation, the claimant is before this Court. 2. The claim petition is filed seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained by the claimant in the road traffic accident. The facts of the case are that on 04.03.2018 at about 7:00 a.m., while the claimant was proceeding in the motor cycle on Hassan-Mysuru road, near Chikkavaddaragudi Village, K.R.Nagara Taluk, Mysuru, the driver of the KSRTC bus by driving it in a rash and negligent manner dashed against the motor cycle caused the accident and as a result, the claimant sustained injuries. 3. The Tribunal had granted the compensation as per the table given below: - 3 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 SL. No. Heads Compensation Awarded 1. Loss of future earnings on account of disability and loss of amenities in life/life comforts and expectancy of life : Rs. 1,00,000/- 2. Pain and sufferings : Rs. 30,000/- 3. Medical expenses : Rs. 26,540/- 4. Future medical expenses : Rs. 25,000/- 5. Conveyance, food and nourishment, attendant charges and other incidental expenses : Rs. 5,000/- 6. Loss of income during laid up period : Rs. 24,000/- TOTAL : Rs. 2,10,540/- Less: 25% contributory negligence of claimant : Rs. 52,635/- Total compensation payable to the claimant (Rs.2,10,540-52,635) : Rs. 1,57,905/- 4. Learned counsel appearing for the claimant submits that though there is no contributory negligence on the part of the claimant, the Tribunal had fixed the contributory negligence at 25% on the claimant without any basis. It is submitted that as per the doctor, when the claimant had sustained 28% disability to the limb, the Tribunal had not at all granted any amount. Further, under the head of loss of amenities, pain and - 4 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 suffering, conveyance, food and nourishment, attendant charges and other incidental expenses and towards loss of income during laid up period, the Tribunal had not granted just and reasonable compensation. 5. Learned counsel appearing for the respondent/KSRTC submits that the Tribunal had rightly held that there is 25% contributory negligence on the part of the claimant. In fact, the contributory negligence that is fixed at 25% on the claimant is on the lower side. It is submitted that considering the evidence on record, the Tribunal had rightly considered and granted the compensation and there are no grounds to interfere with the well considered order passed by the Tribunal. 6. Having heard the learned counsels on either side, perused the entire material on record. Considering the fracture injuries sustained by the claimant, this Court is granting an amount Rs.60,000/- under the head of pain and suffering. Towards medical expenses, the Tribunal had rightly granted an amount of Rs.26,540/- and no interference is called for. The doctor had deposed that an amount of Rs.65,000/- is required for another surgery and the Tribunal had granted an amount of - 5 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 Rs.25,000/- towards future medical expenses and this Court is granting an amount Rs.35,000/- under the head of future medical expenses. As the claimant was in hospital for six days, this Court is granting an amount of Rs.6,000/- towards conveyance, food and nourishment, attendant charges and other incidental expenses. Coming to the loss of future earnings, as per the doctor's evidence, the claimant had sustained 28% disability to the limb. Hence, this Court is taking 1/3rd i.e., 9% as the disability to whole body and there is no basis for the Court not to grant loss of future income. Hence, towards loss of future income, this Court is granting an amount of Rs.2,33,280/- (Rs.12,000x12x18x9/100). Coming to the loss of income during laid up period, for 4 months, this Court is granting an amount of Rs.48,000/- (Rs.12,000x4). Considering the disability of 9% that is sustained by the claimant, towards loss of amenities, this Court is granting an amount of Rs.30,000/-. 7. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and - 6 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. Altogether, the claimant is entitled for compensation of an amount of Rs.4,48,820/-. 8. The claimant is therefore, entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Loss of future earnings on account of disability and loss of amenities in life/life comforts and expectancy of life : Rs. 1,00,000/- 00/- 2. Pain and sufferings : Rs. 30,000/- 60,000/- 3. Medical expenses : Rs. 26,540/- 26,540/- 4. Future medical expenses : Rs. 25,000/- 35,000/- 5. Conveyance, food and nourishment, attendant charges and other incidental expenses : Rs. 5,000/- 6,000/- 6. Loss of future earning : Rs. 00/- 2,33,280/- 7. Loss of income during laid up period : Rs. 24,000/- 48,000/- 1 (2014) 11 SCC 178 - 7 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 8. Loss of amenities : Rs. 00/- 30,000/- 9. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 2,10,540/- 4,48,820/- 9. This Court has perused the reasoning given by the Tribunal for fixing the contributory negligence on the claimant. Considering that the accident had taken place in the middle of the road, the Tribunal had rightly fixed 25% contributory negligence on the part of the claimant and this Court finds no reason to interfere and the claimant is entitled for 75% of the compensation. Hence, the claimant is entitled for total compensation of an amount of Rs.3,36,615/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.1,57,905/- to Rs.3,36,615/-. 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 respondent - KSRTC shall deposit the amount within a period of eight weeks from the date of - 8 - HC-KAR NC: 2025:KHC:38274 MFA No. 2993 of 2021 receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. The delay of 105 days is condoned by this Court, on the condition that the claimant will not be entitled for the interest for the delayed period. Hence, the KSRTC is not liable to pay the interest for the delayed period. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 9