- 1 - HC-KAR NC: 2025:KHC:35629 MFA No. 6732 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6732/2015 (MV-I) BETWEEN: SANDYA W/O UMESH , AGED ABOUT 25 YEARS, R/O KALLIPURA VILLAGE, KASABA HOBLI, SHILENGERE POST, KOLAR TALUK. &APPELLANT (BY SMT. SWATI G. HEGDE, ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE) AND: DIVISIONAL CONTROLLER, KSRTC DEPOT , KOLAR. &RESPONDENT (BY SRI. S RAJA SHEKAR., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:27.7.2015 PASSED IN MVC NO.176/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JDUGE, MACT, KOLAR, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:35629 MFA No. 6732 of 2015 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the common judgment and award dated 27.07.2015 passed by the MACT and I Additional Senior Civil Judge, Kolar, in MVC Nos.174 of 2014 and 176 of 2014. 3. The facts of the cases are that on 23.02.2014, the deceased Veerabadrappa, his grand son Khoshith and daughter in law - Sandya while returning to their native place after attending marriage at Mugabala, by motorcycle bearing registration No.KA.07-Q-5486, in a slow and cautious manner, a KSRTC bus bearing registration No.KA.07-F-1689 came in rash and negligent manner and dashed against the two wheeler. The injured claimant-Sandya in this appeal sustained grievous injuries. The deceased Veerabadrappa while shifting to hospital succumbed to injuries. 4. M.F.A No.6734 of 2015 was filed for death of Veerabadrappa in MVC No.174 of 2014. The said appeal was already disposed of by the Division Bench of this Court, and by - 3 - HC-KAR NC: 2025:KHC:35629 MFA No. 6732 of 2015 order dated 10.09.2020, it was held that KSRTC was liable to pay the compensation. But in the judgment of the Tribunal, it was held that KSRTC was not liable and thus, no amount was granted in both the cases. As the negligence of the driver of the KSRTC bus is already decided by the Division Bench of this Court in MFA No.6734 of 2015, this Court finds it reasonable to adopt the same in the present appeal filed against MVC No.176 of 2014, wherein this claim application is filed by the injured claimant claiming compensation of Rs.10,00,000/- with interest at the rate of 12%. The tribunal, considering the entire evidence on record, dismissed the claim petition. 5. Aggrieved by the said judgment of the Tribunal, the injured claimant has preferred this appeal, wherein it is contended that she has sustained 1 simple injury and 2 grievous injuries. She was working as a pharmacist in a Medical College and earning Rs.15,000/- per month. She was inpatient for 3 days and spent more than Rs.20,000/- for medical expenses. Exhibit P.23 is the MRI report and she paid Rs.4,000/- to the hospital. The claimant spent Rs.10,000/- for - 4 - HC-KAR NC: 2025:KHC:35629 MFA No. 6732 of 2015 incidental charges. She took bed rest for 6 months and thus, requested for ascertaining the compensation in her favour. 6. The learned counsel of the respondent-KSRTC submitted that the claimant has not examined any doctor and disability is not ascertained. However, she filed Exhibits P.20- wound certificate, P.21-discharge summary, P.22-discharge bill and P.23-MRI report in support of her contention. As per the wound certificate, the claimant has sustained the following injuries: 1. 3 x 0.5 cm cut lacerated wound present over right frontotermporal region of scalp. 2. Undisplaced fracture in lateral aspect of ilepubic ramus and middle 1/3rd of ischiopubic ramus on right side. 3. Fracture of symphysis pubis on right side. 7. She was admitted in the hospital for three days and it is stated that she could not attend any work at least for a period of 6 months. Therefore, this Court finds it reasonable to grant an amount of Rs.45,000/- for injuries, Rs.25,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.10,000/- for medical expenses and Rs.30,000/- for transportation, extra nourishment and attendant charges. - 5 - HC-KAR NC: 2025:KHC:35629 MFA No. 6732 of 2015 8. Though the claimant filed salary certificate, she has not examined the employer to prove the salary. As she met with the accident in the year 2014, notional income of Rs.8,500/- per month is to be taken and therefore, she is entitled for the loss of income for the laid up period for 6 months, which comes to Rs.51,000/- (8,500 x 6). 9. In all, the total compensation comes to Rs.1,86,000/- with interest at 6% per annum from the date of petition till the date of realisation. 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Injuries 45,000/- 2. Pain and suffering 25,000/- 3. Loss of amenities 25,000/- 4. Medical expenses 10,000/- 5.Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period for 6 months 51,000/- Total 1,86,000/- - 6 - HC-KAR NC: 2025:KHC:35629 MFA No. 6732 of 2015 11. In the result, the following order is passed: (i) Appeal is allowed. (ii) The claimant is entitled for the total compensation of Rs.1,86,000/- with interest at 6% per annum from the date of petition till the date of realisation . (iii) The respondent-KSRTC is directed to deposit the aforesaid compensation amount within one month from the date of order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 36