- 1 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 3833 OF 2025 (MV-I) BETWEEN: SRI. MUNIYAPPA NAIK S/O GANGA NAIK AGED ABOUT 45 YEARS, R/AT GOLLARAPALYA BACHENAHATTI POST MAGADI TALUK RAMANAGAR DISTRICT …APPELLANT (BY SRI. N.R.RANGEGOWDA, ADVOCATE) AND: THE MANAGING DIRECTOR OF K.S.R.T.C. CENTRAL OFFICE K.H.ROAD/DOUBLE ROAD Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 SHANTHINAGAR BANGALORE – 560 027 …RESPONDENT (BY SRI. F.S.DABALI, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2024 PASSED IN MVC NO.1192/2023 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH- 24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.1192/2023 dated 04.11.2024 by the XXII Additional SCJ & ACJM, Member - MACT, Bengaluru, whereby the Tribunal had granted compensation of an amount of Rs.5,88,591/-, the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and suffering : Rs. 60,000/- 2. Conveyance, Attendant charges and nourishing food : Rs. 20,000/- 3. Loss of income during the laid up period : Rs. 31,000/- 4. Loss of future income : Rs. 4,68,720/- 5. Medical expenses : Rs. 8,871/- TOTAL : Rs. 5,88,591/- 3. The evidence of the doctor i.e., PW.2 is that he examined the claimant clinically, radiologically and assessment of disability was done. He further deposed that the claimant had suffered physical disability of the right upper limb at 35.68% and whole body at 11% and 42.38% to the right lower - 4 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 limb and 21.19% to the whole body and altogether claimant had suffered 32.19% disability on the whole body. Considering the judgment in case of Vijaya Kumar Alias Babu Rao Vs. The Secretary, Agricultural Produce Marketing Committee Balki, Taluk1, the Tribunal held that normal rule would be disability in the lower limb would be 1/3rd of the particular limb. Hence, permanent disability to the whole body would come to 26% but not 32.19%. But taking into consideration the improvements found in the physical condition of the claimant which is evident from the evidence of PW.2, the Tribunal had taken the disability at 18%. 4. Learned counsel appearing for the appellant/claimant submits that when the doctor’s evidence was considered and the Tribunal came to the conclusion that the disability to the whole body would come to 26%, the Tribunal had assessed the disability at 18% without any basis. He submits that whatever is the present condition of the claimant, basing on that the Tribunal cannot take the disability at 18%. Further, it is submitted that towards loss of income during the laid up period reasonable amount was not granted and no amount is granted 1 2014 (4) Kar.L.J 157 - 5 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 under the head of loss of amenities. It is submitted that on all counts, the compensation needs to be enhanced. 5. Learned counsel appearing for the respondent/KSRTC submits that the Tribunal looking at the injuries that are sustained by the claimant and also assessing the evidence of the doctor had rightly taken the disability at 18% and there are no grounds to interfere. On all other counts, the compensation that is awarded is just and reasonable and no enhancement is called for. 6. Having heard the learned counsels on either side, perused the material on record. According to the doctor, the disability to the right upper limb is 35.68% and 11% to the whole body and this Court is taking 1/4th as the whole body disability i.e., 9%. The disability to the right lower limb is 42.38% and 1/3rd of it is 14%. Hence, this Court is taking whole body disability at 23% (9+14). Having considered the evidence of the doctor, the Tribunal just like that had taken the disability at 18% without any basis. In the considered opinion of this Court, there is no reason for the Tribunal to take the disability at 18%, hence this Court is taking the disability at 23%. As the accident had occurred in the year 2022, this Court - 6 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 is taking the income of the claimant at Rs.15,500/-. Considering the age of the claimant i.e., 42 years, 25% future prospects would come to Rs.3,875/- and his income would come to an amount of Rs.19,375/- (Rs.15,500+Rs.3,875). Hence, towards loss of future income, this Court is granting an amount of Rs.7,48,650/- (Rs.19,375x12x14x23/100). Towards loss of income during laid up period, for three months, this Court is granting an amount of Rs.46,500/- (Rs.15,500x3). Towards loss of amenities, this Court is granting an amount of Rs.40,000/-. 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 Another, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 8. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 60,000/- 60,000/- 2. Conveyance, Attendant charges and nourishing food : Rs. 20,000/- 20,000/- - 7 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 3. Loss of income during the laid up period : Rs. 31,000/- 46,500/- 4. Loss of future income : Rs. 4,68,720/- 7,48,650/- 5. Medical expenses : Rs. 8,871/- 8,871/- 6. Loss of amenities : Rs. 00/- 40,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 5,88,591/- 9,34,021/- 9. Altogether, the claimant is entitled for compensation of an amount of Rs.9,34,021/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.5,88,591/- to Rs.9,34,021/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent - KSRTC shall deposit the amount 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. iii. The Registry is directed to send the certified copy of the order passed by this Court forthwith without any delay. - 8 - HC-KAR NC: 2025:KHC:45624 MFA No. 3833 of 2025 iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 18