- 1 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5049 OF 2015 (MV-I) C/W MFA CROSS OBJECTION NO. 115 OF 2015 (MV-I) IN MFA No. 5049/2015 BETWEEN: THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, K.H. ROAD, BENGALURU - 560 027, ATTACHED TO MANGALORE DIVISION, MANGALORE, D.K - 575 001 (RC OWNER OF KSRTC BUS NO. KA-19-F-2466) REPRESENTED BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. F.S. DABALI, ADVOCATE) AND: 1. SMT. PADMALATHA W/O YADAVA SHETTY AGED ABOUT 40 YEARS, R/O MATHRUSHREE NILAYA, RAMANAGARA, NELLYADI VILLAGE PUTTUR TALUK, DK - 574 201. 2. SANJAYA GAVDE @ Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 SANJAYA KALLAPPA GAVDE (DRIVER) S/O KALLAPPA GAVDE AGED ABOUT 34 YEARS R/O AMBALADHARI HOUSE PATTANA GUDI POST, CHIKKODI TALUK BELGAUM DISTRICT - 591 201. (DRIVER OF KSRTC BUS NO. KA-19-F-2466) 3. MONAPPA K (CONDUCTOR) S/O LATE KORAGA AGED ABOUT 32 YEARS R/O KUMBRA HOUSE, VOLAMOGRU VILLAGE, PUTTUR TALUK, D.K - 574 201, DISTRICT MANGALORE (CONDUCTOR OF KSRTC BUS NO KA-19-F-2466) …RESPONDENTS (BY SRI. MAHESH KAJE, ADVOCATE FOR R1; VIDE ORDER DATED 10.02.2020, NOTICE TO R2 AND R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.03.2015 PASSED IN MVC NO.481/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & ACJM, MEMBER, MACT, PUTTUR, AWARDING COMPENSATION OF RS.2,40,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA.CROB NO. 115/2015 BETWEEN: SMT. PADMALATHA W/O YADHAVA SHETTY, AGED ABOUT 40 YEARS R/O MATHRUSHREE NILAYA, - 3 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 RAMANAGARA, NELLYADI VILLAGE, PUTTUR TALUK, D.K DISTRICT - 574 229. ...CROSS OBJECTOR (BY SRI. MAHESHKAJE, ADVOCATE) AND: 1. THE SANJAYA GAVADE ALIAS SANJAYA KALLAPPA GAVDE (DRIVER) S/O KALLAPPA GAVDE, AGED ABOUT 34 YEARS R/O AMBALADHARI HOUSE, PATTANNA GUDI POST, CHIKKODI TALUK, BELGAUM DISTRICT - 591 201. 2. MONAPPA K (CONDUCTOR) S/O LATE KORAGA, AGED ABOUT 32 YEARS R/O KUMBRA HOUSE, VOLAMOGRU VILLAGE, PUTTUR TALUK, D.K - 574 201. 3. THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, K.H. ROAD, BANGALORE ATTACHED TO MANGALORE DIVISION, MANGALORE, D.K - 575 001. ...RESPONDENTS (BY SRI. F.S. DABALI, ADVOCATE FOR R3; R1 AND R2 ARE SERVED AND UNREPRESENTED) THIS MFA.CROB IN MFA NO.5049/15 IS FILED U/O.41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD - 4 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 DATED 02.03.2015 IN MVC NO.481/13 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ACJM, MEMBER, MACT, PUTTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. MFA.No.5049/2015 is filed by the appellant/Managing Director of KSRTC (hereinafter referred to as ‘the Corporation’ for short) under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 02.03.2015 passed in MVC.No.481/2013 on the file of the Principal Senior Civil Judge and A.C.J.M. and Member, M.A.C.T, Puttur. 3. The petitioner/injured claimant met with an accident on 20.04.2011 and filed a claim petition claiming - 5 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 compensation of Rs.15,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.2,40,000/- with interest at the rate of 6% per annum from the date of filing the petition till the date of realization. Aggrieved by the said award, the Corporation has preferred this appeal and mainly contended that it examined RW.1-Conductor of the bus. In fact PW.1 intended to travel from Uppinangady to her house at Nellyadi Village, whereas the bus bearing registration No.KA-19/F-2466 was proceeding from Uppinangady to Subramanya. The conductor informed her that the bus would not go to Nellyadi. As such, she wanted to get down from the bus. The conductor gave a whistle to stop the bus in the meantime, she tried to get down from the moving bus. In Ex.P7-Wound Certificate and Ex.P8- Discharge Summary it was mentioned that she had jumped from the moving bus. 4. The Corporation also examined RW.1-Conductor to support their version and filed Ex.P7-Wound Certificate - 6 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 and Ex.P8-Discharge Summary. It is contended that the Tribunal ought to have held that the accident occurred only due to the negligence of the petitioner, but the Tribunal granted an amount of Rs.75,000/- towards pain and suffering and also granted amounts under other heads, which are excessive. Therefore, the Corporation requested to set aside the impugned order. 5. MFA.Crob.No.115/2015 is filed by the claimant for enhancement of compensation. Learned counsel for the claimant stated that the injured claimant sustained a head injury, bleeding from the right ear, a fracture of the skull and multiple lacerated wounds on the head. But the Tribunal has granted meager compensation. 6. It is further contended that the claimant was admitted in the hospital from 20.04.2011 to 30.04.2011 and was advised bed rest for a period of six months. The amounts granted by the Tribunal under the other heads are meager. The claimant incurred expenses of Rs.200/- - 7 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 per day towards attendant charges for a period of six months. It is also submitted that she was rolling beedis and doing coolie work and earning Rs.9,000/- per month. The Tribunal ought to have taken her monthly income as Rs.8,000/-, as the accident is of the year 2011 and thus requested for enhancement of the compensation. 7. The manner of the accident shows that on 20.04.2011, the petitioner along with her relative Sri. Raviprasad Shetty was waiting for a bus at the Gandhi Park bus stop at Uppinangady. A KSRTC bus bearing registration No.KA-19/F-2466 came from Uppinangady side. On the signal given by Raviprasad Shetty by raising his hands, the bus was stopped. When the petitioner boarded the bus from the front door, the conductor carelessly gave a signal, and the driver suddenly started the bus without taking any precautions. As a result, she fell down and sustained injuries. - 8 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 8. Learned counsel for the Corporation stated that, as per the evidence of RW.1-conductor of the bus, the claimant had already boarded the bus, and when he asked her to take a ticket, she stated that she has to go to Nellyadi. But he stated that the bus will not go to that place and also gave a whistle to the driver to stop the bus. In the meantime, she jumped from the bus and fell down and sustained injuries. 9. Learned counsel for the Corporation also relied upon Ex.P7-Wound Certificate and Ex.P8-Discharge Summary, in which it was clearly mentioned that she jumped from the moving bus, and thus requested this Court to fix contributory negligence on the claimant, as she contributed to the accident. 10. In the cross-examination of PW.1/claimant, she herself admitted that when she tried to get down from the bus without waiting for the whistle of the conductor, the accident occurred. She also stated that she is not suffering - 9 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 from BP or fits disease. Therefore, this Court finds that it is just and reasonable to fix 20% contributory negligence on the part of the petitioner, as she did not wait for the bus to stop, to get down from it and thereby contributed to the accident. 11. Though the petitioner stated that she was earning Rs.9,000/- per month, she has not filed any income proof. As she met with an accident in the year 2011, her notional income is to be taken as Rs.6,500/- per month. She was aged 38 years, and the relevant multiplier applicable is ‘13’. 12. As per Ex.P7 – Wound Certificate, the claimant sustained the following injuries: “Head injury, bleeding from the right ear and fracture of the skull bone (base of the skull) Normal. CT scan of the brain shows small extra-axial subdural haemorrhage in the parietal region on the right side. - 10 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 Multiple lacerated wound on the head with bleeding.” 13. In Ex.P7, it was stated that she sustained grievous injuries. Ex.P8 is the Discharge Summary. But she has not examined the doctor, and thus the question of granting any compensation towards future loss of income does not arise. 14. The claimant was admitted in the hospital for a period of ten days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities. The Tribunal has already granted Rs.50,000/- towards medical expenses and the said amount is confirmed. This Court also finds it reasonable to grant an amount of Rs.30,000/- towards transportation, extra nourishment and attendant charges. The claimant might not have attended any other work atleast for a period of three months due to the injuries - 11 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 sustained in the accident. Therefore, Rs.19,500/- (6,500/- x 3) is to be granted under the head 'loss of income during laid up period'. 15. Thus in all, compensation awarded by this Court is as below: 16. Compensation is reduced from Rs.2,40,000/- to Rs.1,74,500/-. 17. In the result, the following order is passed: Particulars Amount in Rs. Pain and suffering 50,000 Loss of amenities 25,000 Transportation, extra nourishment and attendant charges 30,000 Loss of income during laid up period 19,500 Medical Expenses 50,000 Total 1,74,500 - 12 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 ORDER i. The appeal filed by the Corporation in MFA.5049/2015 is allowed in part and the cross-objection filed by the claimant in MFA.CROB.115/2015 for enhancement is dismissed. ii. The judgment and award dated 02.03.2015 passed in MVC.No.481/2013, by Principal Senior Civil Judge and ACJM and Member, MACT, Puttur, is modified; iii. The claimant is entitled to a sum of Rs.1,74,500/- along with interest at 6% p.a., as from the date of petition till the date of realization, instead of Rs.2,40,000/- granted by the tribunal. iv. The appellant-Corporation has already deposited 50% of the compensation amount before the Tribunal. Therefore, the - 13 - HC-KAR NC: 2026:KHC:27220 MFA No. 5049 of 2015 C/W MFA.CROB No. 115 of 2015 Corporation is directed to deposit the balance compensation amount within one month from the date of this order. v. The claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. As the contributory negligence to the extent of 20% is fixed on the petitioner, the Corporation is liable to deposit only 80% of the compensation. Accordingly, if any balance amount remains payable, the Corporation shall deposit the same; otherwise, it shall be entitled to refund of the excess amount. vii. The amount in deposit shall be transferred to the MACT concerned. Sd/- (P SREE SUDHA) JUDGE SHS/List No.: 1 Sl No.: 48