- 1 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7131 OF 2016 (MV-I) BETWEEN: PRAVEEN T THIMMAPPA AGED ABOUT 27 YEARS R/O BADENAHAL VILLAGE BANDIGUDDA POST BHADRAVATHI-577301. APPELLANT (BY SRI. K.V SATEESHCHANDRA.,ADVOCATE) AND: 1. THIRUPATHI PULLA REDDY S/O SUBBA REDDY AGED ABOUT 51 YEARS BADGE NO 1881 K S R T C BUS DRIVER BEARING REGN NO.KA 17 F 833 R/O I D K 92/A, NEW TOWN VIDY MANDIR BHADRAVATHI TALUK-577301 SHIMOGA DISTRICT. 2. DEPOT MANAGER K S R T C BHADRAVATHI DEPOT. BHADRAVATHI TALUK-577301. 3. MOHAMMED FAZIL S/O MOHAMED ALI MAJOR R/O NEAR BUS STAND BOMMANKATTE, HIRIYUR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 BHADRAVATHI TALUK-577301. 4. NATIONAL INSURANCE COMP LTD S S COMPLEX(HARSH) OPP:CHURCH B H ROAD, SHIVAMOGGA-577201. 5. THE MANAGING DIRECTOR OF K S R T C BANGALORE DEPOT, BANGALORE. RESPONDENTS (BY SRI. H.R RENUKA.,ADVOCATE FOR R4; V/O DTD 05.11.2024 NOTICE TO R1 DISPENSED WITH; R1 AND R3 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.7.2016 PASSED IN MVC NO.141/2012 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL MACT-4, SHIMOGA, SITTING AT BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. 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/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 13.07.2016 passed in - 3 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 MVC.No.141/2012 on the file of the learned IV Additional District and Sessions Judge, Shimoga, sitting at Bhadravathi and Additional MACT (IV), seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.5. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 05.06.2011 and filed the claim petition claiming compensation of Rs.15,50,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,44,691/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner took treatment as inpatient for a period of 15 days. He examined the doctor and the disability of 20% to the right knee muscles and 9% of the right lower limb and also stated that he requires removal of implant. But the Tribunal has granted meager amounts on the - 4 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 other heads and thus requested for enhancement of compensation. 4. The petitioner was first year BBM student and he met with an accident in the year 2011, this Court finds it reasonable to take the notional income of the claimant at Rs.6,500/- as per the chart preferred by Karnataka State Legal Services Authority. He was aged 22 years and the relevant multiplier is '18'. The petitioner filed Ex.P8 wound certificate, Ex.P11 disability certificate, Ex.P12 treatment certificate and Ex.P14 discharge summary. He has also examined Associate Professor of orthopedics as CW.1 and he stated that petitioner sustained 3 X 1 cm wound to right leg, abrasion over left side of face over cheek, 4 X 1 cm sutured wound parieto occipital region of scalp, closed head injury, right tibia, fibula fracture and ZMC fracture. On 07.06.2011 interlocking nailing was done. Radiologically, the fracture has healed with implant in situ, there is a pain in right leg and there is loss of 20% of power in the right knee muscles. He has difficulty in running, walking fast, squatting, kneeling and carrying heavy objects. The claimant has permanent disability of 9% to his right lower limb function. He suffered with factures of right tibia and fibula - 5 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 and he was undergone surgery. He required one more surgery for removal of implant. As the doctor assessed the permanent right lower limb disability as 9%, this Court finds it reasonable to take 1/3rd of the same as 3%. The loss of future earning capacity comes to Rs.6,500/- X 12 X 18 X 3% =Rs.42,120/-. The claimant was admitted in the hospital for a period of 15 days as an inpatient. Learned counsel for the appellant stated that the claimant also sustained closed head injury apart from fractures. Considering the nature of injuries, his occupation, period of hospitalization and other facts, this Court finds that it is reasonable to grant an amount of Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities, Rs.30,000/- towards food, nutrition, attendant charges and transportation. The petitioner might not have attended any of the work at least for a period of 4 months due to the injuries sustained in the accident. Therefore, Rs.26,000/- is to be granted under the head loss of income during laid up period. The Tribunal has granted an amounts of Rs.10,000/- towards future medical expenses and Rs.82,771/- towards medical expenses and the said amount is confirmed. - 6 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,80,891/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 13.07.2016 passed in MVC.No.141/2012 on the file of the learned IV Additional District and Sessions Judge, Shimoga, Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2. Medical expenses 82,771/- 3. Future medical expenses 10,000/- 4. Towards loss of amenities 30,000/- 5. Towards food, nourishment, attendant charges and transportation. 30,000/- 6. Towards loss of income during laid up period 26,000/- 7. Towards future earning capacity 42,120/- Total 2,80,891/- - 7 - HC-KAR NC: 2026:KHC:28703 MFA No. 7131 of 2016 sitting at Bhadravathi and Additional MACT. (IV), is modified. iii. The claimant is entitled to a sum of Rs.2,80,891/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,44,691/- granted by the tribunal. iv. Respondent No.5/ Managing director of KSRTC, Bengaluru has already deposited the award amount before the Tribunal. Therefore, respondent No.5/ Managing director of KSRTC, Bengaluru is directed to deposit the enhanced compensation of Rs.1,36,200/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV - List No.: 1 Sl No.: 54