- 1 - HC-KAR NC: 2026:KHC:28440 MFA No. 7337 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7337 OF 2016 (MV-I) BETWEEN: SMT. MANGALAGOWRAMMA AGED ABOUT 41 YEARS, W/O A. NAGARAJ R/AT ANTHARASANAHALLY, ARAKERE POST, TUMKUR TALUK, TUMKUR DISTRICT - 572 130. …APPELLANT (BY SRI. SUPREETH S. ATHREYAS, ADVOCATE FOR SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) AND: THE MANAGING DIRECTOR K.S.R.T.C. K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. …RESPONDENT (BY SRI. M.K. PRAKASH, ADVOCATE (absent) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.09.2015 PASSED IN MVC NO.488/2011 ON THE FILE OF THE VI ADDITIONAL DISTRICT JUDGE, ADDITIONAL MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28440 MFA No. 7337 of 2016 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is present. The matter is not settled before the Mediation. Learned counsel for the respondent is absent. As the matter is of the year 2016, the same is taken up for final disposal. 2. Heard the learned counsel for the appellant. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. This appeal is filed against the judgment and award dated 22.09.2015 passed in MVC.No.488/2011 on the file of the VI Additional District Judge and AMACT, Tumkur, for enhancing the compensation. 4. The injured claimant met with an accident on 25.01.2011 and filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.10,40,972/- with interest at the rate of 6% per annum from the date of petition till realization. Aggrieved by the said order, the petitioner - 3 - HC-KAR NC: 2026:KHC:28440 MFA No. 7337 of 2016 preferred this appeal mainly contending that she sustained grievous injuries and was admitted in the Apollo Hospital as an inpatient from 25.01.2011 to 05.02.2011 for a period of 12 days and was admitted at Global Hospital from 05.02.2011 to 21.03.2011 for a period of 45 days. Therefore, in total 57 days she was inpatient and spent huge medical expenses, but the Tribunal granted meager amount. Ex.C5 is the Disability Certificate and the amount granted by the Tribunal under the head 'loss of amenities' and 'loss of income during laid up period' is on the lower side. The Tribunal ought to have granted interest at the rate of 12% per annum instead of 6% per annum and thus requested for enhancement of the compensation. 5. The petitioner was working as a Teacher in a private school and earning a sum of Rs.10,702/- per month as per Ex.P51-Salary Certificate and Authorization Letter at Ex.P53. The Tribunal considering the said documents, has taken her income as Rs.10,702/- per month and this Court finds no reason to interfere with the said finding. The petitioner was aged about 36 years as on the date of accident and the relevant multiplier is '15'. She filed Ex.P5-wound certificate - 4 - HC-KAR NC: 2026:KHC:28440 MFA No. 7337 of 2016 and medical prescriptions and also examined CW.1. She produced the documents under Ex.C1 to Ex.C5. Hence, as per the medical evidence she sustained the following injuries: 1. Traumatic Brain injury-SAH parietal lobe. 2. Traumatic Vicer ® Foot and Fracture proximal phalaynx great toe ® Avulsion fracture distal phalaynx great toe + Middle phalaynx 3rd toe. 3. 15X10 cms. Wound (+) darso lateral aspect. Thus, the Doctor assessed the disability as 65% to the whole body. The Tribunal observed that the petitioner is continuing her service even after the accident and therefore not granted any amount under the head 'loss of future income'. So this Court finds no reason to interfere with the said finding. But she applied for leave for a period of 142 days and also filed Ex.P52 in support of her contention. 6. Considering the nature of injuries, period of hospitalization and the leave taken by the petitioner, this Court finds that it is just and reasonable to grant an amount of Rs.1,00,000/- for 'pain and sufferings' and Rs.50,000/- for 'loss of amenities' and Rs.40,000/- for 'attendant charges, food and nourishment and transportation' and as leave period is 142 - 5 - HC-KAR NC: 2026:KHC:28440 MFA No. 7337 of 2016 days, the petitioner was getting a salary of Rs.10,702/- per month i.e., Rs.357/- per day for 142 days. As such she is entitled for Rs.50,694/- (357x142=50,694) towards the 'loss of income during leave period'. She also incurred Rs.8,48,737/- towards medical expenses and the Tribunal has already granted said amount and it is confirmed. Thus in all, compensation awarded by this Court is as below: Sl. Nos. Particulars Amount in Rs. 1 Pain and sufferings 1,00,000/- 2 Medical Expenditure 8,48,737/- 3 Attendants' charge, Food and nourishment, transport charges 40,000/- 4 Loss of amenities 50,000/- 5 Loss of income during laid up period 50,694/- Total 10,89,431/- 7. Thus, the compensation is enhanced from Rs.10,40,972/- to Rs.10,89,431/-. Hence, the appellant- claimant is entitled for enhanced compensation of Rs.48,459/- along with interest at the rate of 6% per annum. - 6 - HC-KAR NC: 2026:KHC:28440 MFA No. 7337 of 2016 8. In the result, the following order is passed: ORDER (i) Appeal is allowed in part. (ii) The judgment and award dated 22.09.2015 in MVC.No.488/2011 on the file of the VI Additional District Judge and AMACT, Tumkur, is modified. (iii) The appellant-claimant is entitled for enhanced compensation of Rs.48,459/- along with interest at the rate of 6% per annum. (iv) Respondent-KSRTC is directed to deposit an enhanced amount of Rs.48,459/- with interest at the rate of 6% p.a. within one month from the date of this order and on such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE SMJ List No.: 1 Sl No.: 53