- 1 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 6137 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5573 OF 2017 (MV-I) IN MFA No. 6137/2017 BETWEEN: RAJU S/O LATE CHIKKANDAIAH, AGED ABOUT 36 YEARS, R/O BOKKAHAHALLI, VILLAGE, CHIKKIANACHATRA HOBLI, NANJANGUD TALUK …APPELLANT (BY SMT. B N MANJULA, ADVOCATE FOR SRI. NAGARAJ R C, ADVOCATE) AND: 1. RAVI KUMAR B D S/O DASAIAH, AGED ABOUT 32 YEARS, R/O BANNIKUPPE VILLAGE, HUNSUR TALUK, MYSURU DISTRICT 2. THE DIVISIONAL CONTROLLER KSRTC, CHAMARAJANAGAR DEPOT, CHAMARAJANAGAR …RESPONDENTS (BY SRI. F S DABALI, ADVOCATE FOR R2 R1 IS SERVED) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2017 PASSED IN MVC NO.730/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AT NANJANGUD. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. IN MFA NO. 5573/2017 BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, CHAMARAJANAGARA DEPOT, CHAMARAJANAGARA 571313 NOW BY THE MANAGING DIRECTOR, K S R T C ., CENTRAL OFFICE, K H ROAD, SHANTHINAGAR, BANGALORE 560027 REPRESENTED BY ITS CHIEF LAW OFFICER ...APPELLANT (BY SRI. F S DABALI, ADVOCATE) AND: 1. RAJU S/O LATE CHIKKANDAIAH AGED ABOUT 36 YEARS, BOOKKAHALLI VILLAGE CHIKKIANACHATRA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT 571301 2. RAVIKUMAR B D S/O DASAIAH AGED ABOUT 32 YEARS, BANNIKUPPE VILLAGE , HUNSUR TALUK MYSURU DISTRICT 571313 DRIVER OF KSRTC BUS BEARING REGISTRATION NO.KA-10-F-0152 ...RESPONDENTS (BY SMT B N MANJULA, ADVOCATE FOR SRI. R C NAGARAJ, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O DTD 20.2.2018) - 3 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2017 PASSED IN MVC NO.730/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AND MOTOR ACCIDENT COMPENSATION TRIBUNAL, NANJANGUD, AWARDING COMPENSATION OF RS.3,65,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITIONS TILL ITS DEPOSIT AND ETC. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeals are filed under Section 173(1) of the Motor Vehicles Act, 19881 challenging the judgment and award dated 25.01.2017 passed in MVC No.730/2015 by the Senior Civil Judge and JMFC., and Motor Accident Compensation Tribunal, Nanjangud2 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 25.01.2017 partly allowed the claim petition and awarded a total compensation of `3,65,000/- together with interest 6% per annum. Being aggrieved, the claimant has preferred MFA No.6137/2017 seeking for enhancement of compensation and the owner of the bus/Karnataka State Road Transport 1 Hereinafter referred as to ‘Act’ 2 Hereinafter referred to as the ‘Tribunal’ - 4 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 Corporation3 has preferred MFA No.5573/2017 contending that the compensation awarded is excessive. 3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 4. Heard the submissions of learned counsel Smt. B.N. Manjula, appearing for Sri Nagaraj R.C., for the appellant/ claimant and learned counsel Sri F.S. Dabali, appearing for the respondent No.2. Perused the records including the records of the Tribunal. 5. The claimant was aged 34 years as on the date of the accident i.e., on 04.05.2015. The claimant is stated to have been employed in Reid and Taylor Factory and was earning a monthly income of `18,000/-. The Tribunal noticing the salary slip (Ex.P8) has noticed the total income stipulated therein as `16,500/- and the net payment as `13,560/-, has assessed the monthly income at `13,500/-. 3 Hereinafter referred to as the ‘KSRTC’ - 5 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 6. It is forthcoming from the wound certificate (Ex.P6), inpatient documents (Ex.P58) and OPD records (Ex.P57), the claimant has sustained fracture of left tibia. The Doctor (PW.2) has deposed that a surgery has been done and ORID with inter locking nail as also bone grafting has been done. PW.2 assessed the disability to the left lower limb at 60% and further deposed that implant to the left leg needs to be removed which costs about `30,000/-. The Tribunal has re-assessed the disability at 10%, applied the multiplier of ‘16’ and calculated the loss of future earning capacity. 7. It is the vehement contention of the KSRTC that the claimant having been employed, as averred in the claim petition, the question of awarding towards future earning /disability does not arise. 8. Per contra, learned counsel for the claimant contended that PW.1 has deposed that he is not working, having regard to the injuries sustained in the accident. 9. In this context, it is pertinent to note here that the claimant has produced his salary slip (Ex.P8) to prove his income. The claimant has not produced any document from his - 6 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 employer to place on record that his employment has been terminated due to the injuries caused in the accident. Having regard to the same, the Tribunal erred in awarding compensation towards loss of earning due to disability in a sum of `2,59,200/-. 10. Hence, the compensation is re-assessed as follows: 10.1 Having regard to the nature of injuries sustained and the period of treatment, the compensation towards pain and suffering is re-assessed as `60,00/- as against `50,000/- awarded by the Tribunal; 10.2 The Tribunal has noticed that the claimant has produced medical bills (Ex.P9 to P17) to a sum of `4,266/-. It is noticed that on the inpatient file (Ex.P58), the word ‘ESI’ has been mentioned. The Tribunal has awarded a total sum of `10,000/- towards medical expenses including diet, nourishment, attendant charges etc. Upon a re-appreciation of the material on record, it is just and proper that the said compensation towards medical expenses including diet nourishment, attendant charges be re-assessed as `20,000/-; - 7 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 10.3 Although a finding has been recorded that the compensation awarded by the Tribunal towards loss of earning due to disability is required to be set aside, admittedly, the claimant has sustained grievous injuries and the Doctor has assessed the disability to the lower limb to the extent of 60%. Having regard to the nature of injuries and the resultant disability, it is just and proper to re-assess the compensation towards loss of amenities as `75,000/- as against `20,000/- awarded by the Tribunal; 10.4 The Doctor has deposed that the claimant will require one more surgery for removal of implant which will cost `30,000/-. Hence, loss of future medical expenses is re- assessed as `30,000/- as against `25,000/- awarded by the Tribunal. 11. Taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 12. In view of the aforementioned, the compensation is re- assessed as follows: - 8 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 Sl.No Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Pain and sufferings 50,000.00 60,000.00 2 Medical expenses (including diet, nourishment, attendant charges etc., 10,000.00 20,000.00 3 Future medical expenses 25,000.00 30,000.00 4 Loss of earning due to disability 2,59,200.00 00 5 Loss of amenities 20,000.00 75,000.00 Total 3,65,000.00 1,85,000.00 13. Accordingly, the claimant is entitled to total compensation of `1,85,000/-. 14. In view of the aforementioned, the following: ORDER i) The appeals are allowed in part; ii) The judgment and award dated 25.01.2017 passed in MVC No.730/2015 by the Senior Civil Judge and JMFC., and Motor Accident Compensation Tribunal, Nanjangud is hereby modified to the extent of holding that the claimant shall be entitled to a total compensation of `1,85,000/- together with interest @ 7% per annum. iii) In all other respects, the judgment and award of the Tribunal remains unaltered; - 9 - HC-KAR NC: 2025:KHC:27300 MFA No. 6137 of 2017 C/W MFA No. 5573 of 2017 iv) The amount deposited by the appellant in MFA No.5573/2017 together with records be transmitted to the Tribunal; v) The appellant in MFA No.5573/2017 (Respondent No.2 before the Tribunal) shall deposit the balance amount together with accrued interest before the Tribunal within six weeks. In the event, the amount deposed is in excess of the compensation re-assessed, the excess amount, if any, be refunded to the appellant in MFA No.5573/2017 (respondent No.2 before the Tribunal); vi) Upon such deposit, the entire compensation together with interest accrued thereupon be disbursed to the claimant; vii) The Registry to draw the modified award accordingly; No costs. Sd/- (C.M. POONACHA) JUDGE BS- List No.: 1 Sl No.: 17