- 1 - HC-KAR NC: 2025:KHC:35147 MFA No. 4017 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4017 OF 2024(MV-I) BETWEEN: THE DIVISIONAL MANAGER, K.S.R.T.C. SIRSI UTTARAKANNADA DISTRICT OWNER OF THE VEHICLE KSRTC BUS NO KA-31-F-1475. THE VEHICLE BELONGS TO NWKRTC HUBLI. HENCE NOW THROUGH THE CHIEF LAW OFFICER NWKRTC HUBLI. …APPELLANT (BY SRI. NAGARAJA K., ADVOCATE (VC)) AND: 1. SRI.B.A. VISHWANATHA, S/O. AMARANATHA, AGED ABOUT 54 YEARS, AGRICULTURIST AND STONE, IDOL MAKER, R/O. SUNKADEVARA KOPPA, SHIRAVANTHE, SAGAR TALUK, SHIMOGA DISTRICT - 577 401. 2. SRI. M.N.AMARAVATHI @ MANJUNATHA N. AMARAVATHI S/O. NINGAPPA, AGED ABOUT 34 YEARS, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35147 MFA No. 4017 of 2024 KSRTC DRIVER, SIRSI DEPOT, R/O. HAGEDALU VILLAGE, RAMAVADIGE POST, HUNAGUNDA TALUK, BAGALKOT DISTRICT. DRIVER OF KSRTC BUS NO. KA-31-F-1475 …RESPONDENTS (R1 - SERVED BUT UNREPRESENTED; V/O. DATED 02.08.2024, NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.09.2023 PASSED IN MVC NO.488/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, SAGAR, C/c. ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGAR, AWARDING COMPENSATION OF RS.9,27,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF FILING PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:35147 MFA No. 4017 of 2024 ORAL JUDGMENT Heard Sri.Nagaraja K., learned counsel for the appellant who appears through video conference. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Sagar, in MVC No.488/2020 dated 12.09.2023. 3. On the ground that the Tribunal awarded exorbitant sum as compensation, the present appeal is mainly filed. Though the aspect of negligence is raised in the grounds of appeal, as the manner in which the accident occurred was established before the Tribunal by the claimant by all the documents produced, as no convincing evidence is produced by the appellant contradicting the version that was projected by the claimant, this Court is of the view that the findings given by the Tribunal on the aspect of negligence needs no interference. 4. So far as the quantum is concerned, the Tribunal awarded a sum of R.9,27,000/- as compensation divided under the following heads: - 4 - HC-KAR NC: 2025:KHC:35147 MFA No. 4017 of 2024 Sl. No Heads of compensation Amount in Rs. 1 Treatment charges 2,30,000.00 2 Pain and suffering and loss of amenities in life 75,000.00 3 Special diet and conveyance 30,000.00 4 Attendant charges 20,000.00 5 Loss of income during treatment period 48,000.00 6 Compensation on account of disability 5,24,000.00 Total 9,27,000.00 5. Learned counsel for the appellant states that the compensation granted under each head is excessive and exorbitant. It is not in dispute that the claimant sustained fracture of skull and he took treatment as inpatient by spending more than Rs.2,00,000/-. Considering the evidence of PW2 and the documents produced, the Tribunal has rightly assessed the functional disability as 21.5%. In the light of nature of injury sustained and the treatment taken, this Court is of the view that the compensation granted under each head is highly justifiable. Also the Tribunal has given cogent and convincing reasons as to why it came to a conclusion of awarding such an amount under each head. Therefore, this Court is of the view - 5 - HC-KAR NC: 2025:KHC:35147 MFA No. 4017 of 2024 that, the compensation granted by the Tribunal needs no interference. 6. So far as the award of interest is concerned, the Tribunal directed the appellant to pay the compensation awarded with interest at the rate of 9% per annum from the date of petition till the date of deposit. As rightly submitted by learned counsel for the appellant, for the relevant period, the rate of interest that is awarded by the banking sector on the deposits is 6%. Therefore, this Court is of the view that, the compensation awarded should carry interest at the rate of 6% per annum and not 9% per annum. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 6 - HC-KAR NC: 2025:KHC:35147 MFA No. 4017 of 2024 iii) The amount, if any, in deposit be transmitted to the concerned Tribunal immediately. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 97