- 1 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 2790 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5787 OF 2022 (MV-I) IN MFA No. 2790/2022 BETWEEN: 1. THE MANAGING DIRECTOR /DIVISIONAL CONTROLLER KSRTC, CENTRAL OFFICES, K H ROAD, MANGALURU DIVISION, MANGALORE OWNER OF THE KSRTC, BUS BEARING REG NO.KA-19/F-3378 2. THE CHAIRMAN INTERNAL INSURANCE FUND, KSRTC, SARIGE BHAVAN, BANGALORE BOTH REP. HEREIN BY ITS CHIEF LAW OFFICER, BANGALORE. …APPELLANTS (BY SMT. B P RADHA, ADV.) AND: 1. RUDRANNA S/O VEERANNA, 63 YEARS, AGRICULTURIST AND RETIRED OFFICIAL R/O SOMANAGUDDU VILLAGE CHALLAKERE TALUK, NOW R/O 2ND CROSS, BASAVA LAYOUT, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 HOLALKERE TOWN, HOLALKERE TALUK. 2. ALLA SAB S/O ALI SAB NADAF, MAJOR, R/O RAJOOR VILLAGE, YELABURGA TALUK, KOPPALA DISTRICT, OWNER OF THE VEHICLE BEARING REG NO.KA-27/B-4432 3. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., A M ARCADE NEAR VIDYARTHI BHAVAN, C G HOSPITAL ROAD, DAVANAGERE, POLICY NO.68060231170100001810 VALID FROM 31/12/2017 TO 30/12/2018 …RESPONDENTS (BY SRI. SHIVAKUMARAPPA T C., ADV. FOR R1; SRI. B. C SHIVANNE GOWDA, ADV. FOR R3; V/O DATED 06.01.2025 SERVICE OF NOTICE TO R2 IS HELD SUFFICIENT) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.12.2021 PASSED IN MVC NO.192/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, HOLALKERE, AWARDING COMPENSATION OF RS.4,16,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 5787/2022 BETWEEN: RUDRANNA S/O VEERANNA AGED ABOUT 63 YEARS AGRICULTURIST AND RETIRED OFFICIAL R/O SOMAGUDDU VILLAGE CHALLAKERE TALUK NOW R/O 2ND CROSS BASAVA LAYOUT, HOLALKERE TOWN CHITRADURGA DISTRICT-577522 ...APPELLANT (BY SRI. SHIVAKUMARAPPA T C., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 AND: 1. THE MANAGING DIRECTOR/DIVISIONAL CONTROLLER KSRTC CENTRAL OFFICE, K H ROAD, MANGALURU DIVISION, MANGALURU-575001 OWNER OF KSRTC BUS BEARING NO.KA-19-F-3378 2. THE CHAIRMAN INTERNAL INSURANCE FUND KSRTC, SARIGE BHAVANA BENGALURU-560027 3. ALLA SAB S/O ALI SAB NADAF MAJOR R/O RAJOOR VILLAGE YELABURGA TALUK KOPPALA DISTRICT-583232 OWNER OF THE VEHICLE BEARING NO.KA-27-B-4432 4. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. A M ARCADE, NEAR VIDYARTHI BHAVANA C G HOSPITAL ROAD, DAVANAGRE-577502 ...RESPONDENTS (BY SMT. B. P RADHA, ADV. FOR R1 AND R2; SRI. B. C. SHIVANNE GOWDA, ADV. FOR R4; V/O DATED 06.08.2024 SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.12.2021 PASSED IN MVC NO.192/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.192/2019 dated 03.12.2021 by the Senior Civil Judge and AMACT, Holalkere, whereby the Court had granted compensation of an amount of Rs.4,16,005/- the claimant is before this Court seeking enhancement of the compensation by filing M.F.A.No.5787/2022 and the KSRTC is before this Court by filing M.F.A.No.2790/2022 questioning the entire liability fixed on the KSRTC when there is a negligence on the part of the driver of the lorry. 2. Learned counsel appearing for the KSRTC submits that the accident had taken place in the midnight when the lorry was parked on the road without the parking lights on and because of his negligence, the accident had occurred and with considering this particular aspect, the Tribunal had fastened the liability on the driver of the KSRTC. It is submitted that the KSRTC has also examined the Depot Manager and driver in support of the case and all these aspects are not considered by the Court. - 5 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 3. Learned counsel appearing for the claimant submits that though the claimant had sustained two fracture injuries, the Court under the head of pain and suffering had not granted reasonable compensation. Further, when he had sustained 18% disability, the Court had granted very meagre amount under the head of loss of amenities and on all other heads also, the amount that is awarded by the Tribunal is not just and reasonable. 4. Having heard the learned counsels on either side, perused the material on record. 5. Coming to the negligence and liability, the Tribunal had observed that on perusal of evidence of PW.1, RW.1 and RW.2 and Exs.R1 and R2, it is forthcoming that the manner in which the accident had taken place and involvement of both vehicles especially in Ex.R2 rough sketch, the place of occurrence is shown that the accident had occurred due to the involvement of KSRTC bus itself. At the same time, the place in which insured lorry is shown at a remote point towards western site at the distance of 100 metres from the spot. The Investigating Officer had rightly submitted the charge sheet - 6 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 against the driver of the KSRTC bus. Respondent Nos.3 and 4 are subsequently brought on record and it will not take away the evidence as per Ex.R2, which points out against the driver of the KSRTC bus. Hence, the Tribunal had come to the conclusion that the accident had taken place because of the negligence of the driver of the KSRTC bus and the KSRTC is alone liable to pay the compensation. 6. In the light of the arguments advanced by the learned counsel for the KSRTC, this Court has perused the sketch and the charge sheet, which clearly points out at the negligence of the driver of the KSRTC bus and this Court do not find any reasons to interfere with the said finding of the Tribunal. 7. Then coming to the claimants appeal, he had sustained two injuries. Under the head of ‘pain and suffering’, this Court is inclined to grant an amount of Rs.60,000/-. Towards medical expenses no interference is called for. As the claimant was admitted in the hospital for 8 days and considering 8 days of hospitalization, this Court is granting an amount of Rs.8000/- under the head of ‘attendant charges’. - 7 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 Coming to the loss of income during the laid up period, as the accident had taken place in the year 2018, this Court is taking the income at Rs.12,500/-, ‘loss of income during the laid up period’ would come to an amount of Rs.37,500/- (Rs.12,500/- x 3). Towards loss of future income, the Court had rightly considered the evidence of the doctor and rightly granted the compensation and no interference is called for. Considering 18% of disability, this Court is granting Rs.25,000/- under the head of ‘loss of amenities’. 8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi And Another1, the claimant is entitled for an amount of Rs.10,000/- towards 'Legal Expenses'. 9. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and suffering : Rs. 20,000/- 60,000/- 2. Medical expenses : Rs. 1,17,560/- 1,17,560/- 1 (2014) 11 SCC 178 - 8 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 3. Attendant charges : Rs. 6,000/- 8,000/- 4. Conveyance charges : Rs. 6,000/- 00/- 5. Food, diet and nourishment charges : Rs. 5,000/- 00/- 6. Loss of income during laid up period : Rs. 12,500/- 37,500/- 7. Loss of future earning capacity on account of permanent physical disability : Rs. Rs.2,43,945/- 2,43,945/- 8. Loss of amenities and enjoyment of life Rs. 5,000/- 25,000/- 9. Legal expenses Rs. 00/- Rs.10,000/- TOTAL : Rs. Rs.4,16,005/- Rs.5,02,005/- Enhancement : Rs. 86,000/- 10. All together, the claimant is entitled for an amount of Rs.5,02,005/-. Accordingly, the appeal of the KSRTC in M.F.A.No.2790/2022 is dismissed. 11. The appeal of the claimant in M.F.A.No.5787/2022 is partly allowed enhancing the compensation from Rs.4,16,005/- to Rs.5,02,005/-. - 9 - HC-KAR NC: 2025:KHC:34535 MFA No. 2790 of 2022 C/W MFA No. 5787 of 2022 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. Respondent Nos.1 and 2 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 amount in deposit shall be forthwith transferred to the Tribunal. iv. The apportionment of the compensation shall be as per the order of the Tribunal. v. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB