- 1 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3889 OF 2017 (MV-I) BETWEEN: 1. DIVISIONAL MANAGER KSRTC DAVANAGERE DIVISION, DAVANAGERE DISTRICT 2. THE MANAGER KSRTC SAGAR DEPOT SAGAR TALUK SHIVAMOGGA DIST. 3. THE DIVISIONAL MANAGER KSRTC HUBLI, HUBLI DIVISION HUBLI TALUK, DHARWAD DISTRICT NOW THROUGH CHIEF LAW OFICER KSRTC, BANGALORE. …APPELLANTS (BY SRI. NAGARAJA K., ADVOCATE) AND: 1. SRI MOHAN B S S/O SRI SAMPATH KUMAR AGED ABOUT 31 YEARS, VILLAGE ACCOUNTANT SORABA TALUK OFFICE CHIKKASHAKUNA UDRI ROAD SORABA TALUK SHIVAMOGGA DISTRICT-577 429. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 2. SRI DASAPPA DASAR S/O HANUMANTHAPPA AGED ABOUT 32 YEARS, R/AT SIRIVANTE VILLAGE (DRIVER OF KSRTC GOODS VEHICLE RDL NO.3140/2012-13) …RESPONDENTS (BY SRI. CHIDAMBARA G.S, ADVOCATE FOR R1, V/O DTD: 14.12.2021 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED01.03.2017 PASSED IN MVC NO.17/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIII AMACT SORABA, AWARDING COMPENSATION OF RS.4,33,560/- ALONG WITH INTEREST AT THE RATE OF 6% PER ANNUM FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.03.2017 passed in MVC No.17/2015 on the file of the Senior Civil Judge and XIII AMACT Soraba. - 3 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 2. Heard the arguments of the learned counsel for the appellants and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 02.03.2014 and filed claim petition claiming for compensation and the Tribunal considering the entire evidence on record granted Rs.4,33,560/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the said order Insurance Company preferred this appeal. 4. Learned counsel for the appellants stated that the claimant was admittedly working as Village Accountant and drawing a salary. As such, he continued in his job even after sustaining injuries in the accident and he also disputed adding of 50% towards future prospects to his income. Thus, requested this court for modification of the order. - 4 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 5. As per Ex.P13/Wound certificate, petitioner sustained supracondylar open fracture of right femur, segmental fracture of right tibia and fibula, both are grevious in nature. Petitioner also examined doctor as CW1 and he stated that debridement and external fixation was done on 3.03.14, fracture fixation done on 05.03.14 and discharged on 11.03.14. The petitioner was readmitted on 25.03.14 for mobilization exercises and discharged on 29.03.14. CW.1 further stated that petitioner has sustained 0.100 degrees of flexion in his right knee joint, 0-30 degrees of dorsiflextion in his right ankle joint and petitioner has grade IV power in his right quadriceps, hamstrings and ankle dorsiflexors. Hence, the petitioner has 32% disability in his right lower limb function permanently. Further, the doctor assessed the disability as 32% of his right lower limb. He further stated that the petitioner requires another surgery for removal of the implants and he estimated the cost of the surgery as Rs.25,000/-. As per Ex.C1/discharge summary petitioner - 5 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 sustained Right Supracondylar femur open fracture + open fracture +right tibia segmental fracture closed +fibula fracture. Hence, disability was taken by the Tribunal is 1/3rd of 32% as 11% and granted an amount of Rs.2,01,960/- under the head loss of future earning capacity. Admittedly, the petitioner was a Government Employee and he is continuing the same job even after sustaining the injuires, therefore he is not entitled for said amount. Tribunal has taken Rs.6,000/- as salary. He was aged 28 years and he was hospitalized for a period of 12 days. However, considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- for pain and suffering, Rs.50,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. Tribunal already granted Rs.1,77,000/- towards medical expenses and Rs.25,000/- for future medical expenses and it is confirmed. Therefore, this court finds it reasonable to - 6 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 grant an amount of Rs.5,000/- for loss of income during laid up period. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is reduced from Rs.4,33,560/- to Rs.3,62,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 75,000 2 Loss of amenities 50,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Medical expenses by Tribunal 1,77,000 5 Loss of income during laid down period 5,000 5 Future medical expenses 25,000 Total 3,62,000 - 7 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.03.2017 passed in MVC No.17/2015 on the file of the Senior Civil Judge and XIII AMACT Soraba., is modified. iii. The claimants are entitled to a sum of Rs. 3,62,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,33,560/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited 50% the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the balance compensation of Rs.3,62,000/- along with the interest at - 8 - HC-KAR NC: 2026:KHC:8694 MFA No. 3889 of 2017 the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. Amount deposited before this court is to be transferred to MACT. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 91