- 1 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4880 OF 2025 (MV-I) BETWEEN: SMT. LAKSHMI NARASAMMA K. @ LAKSHMI K., W/O YALLAPPA H., AGED ABOUT 39 YEARS, R/AT NO.134, DEVANAHALLI TALUK, NEAR BANK OF BARODA, ARADESHAHALLI, BENGALURU RURAL - 562 110. …APPELLANT (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: THE MANAGING DIRECTOR BMTC, 4TH FLOOR, K.H. ROAD, BENGALURU - 560 027. …RESPONDENT (BY SRI. D. VIJAY KUMAR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 27.02.2024 PASSED IN MVC NO.3823/2021 ON THE FILE OF THE JUDGE, ACJ, ACMM & MACT, BENGALURU, (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of the compensation awarded in the Judgment and Award dated 27.02.2024 passed in MVC No.3823/2021 by the Motor Accident Claims Tribunal, Bengaluru (SCCH-9). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and the learned counsel for respondent - BMTC, the matter is taken up for disposal. 3. The appellant/claimant filed a claim petition seeking compensation for the injuries sustained by him in a road traffic accident that occurred on 01.03.2021, contending that the accident occurred due to rash and negligent driving by the driver of BMTC bus bearing registration No.KA-01-FA-1170. - 3 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount a. Towards injury pain and suffering 30,000/- b. Towards medical expenses 1,36,530/- c. Towards food and extra nourishment and medical attendant 9,000/- d. Towards conveyance 10,000/- e. Towards loss of income during laid up period 30,000/- f. Towards loss of future earning 2,16,000/- g. Deprivation of future amenities 8,000/- Total compensation 4,39,530/- 5. The Tribunal has also awarded interest at the rate of 6% per annum from the date of the petition till realization and directed the respondent - BMTC to pay the compensation amount along with interest. - 4 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 6. Aggrieved by the quantum of compensation awarded by the Tribunal, the claimant has preferred the present appeal seeking enhancement. 7. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent - BMTC. 8. Learned counsel for the appellant contended that the claimant sustained grievous injuries, namely, (i) right temporo-parietal extradural hematoma (EDH) and (ii) diffuse cerebral edema, and was hospitalized for a period of nine days. It is submitted that P.W.3, the doctor who assessed the disability, has opined that the claimant suffered 10% permanent disability to the whole body. However, the Tribunal has erred in assessing the functional disability at only 8%. It is further submitted that the claimant was working as a tailor and that the injuries sustained by him have adversely affected his ability to carry on his work as a tailor. Learned counsel also contended that the compensation awarded under the - 5 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 heads of pain and suffering, loss of income during the laid- up period, and loss of amenities is on the lower side and requires enhancement. On these grounds, he prayed for allowing the appeal. 9. Per contra, learned counsel appearing for the respondent - BMTC contended that the compensation awarded by the Tribunal under all heads is just, reasonable and proper and there are no grounds for enhancement. Accordingly, he prayed for dismissal of the appeal. 10. Having heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent and perused of the Judgment and Award. 11. P.W.3, the doctor who assessed the disability, has deposed that the claimant suffered permanent disability to the extent of 10% to the whole body. Having regard to the nature of the injuries sustained and the evidence of P.W.3, this Court is of the view that the whole- - 6 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 body disability ought to be taken at 10% as against 8% assessed by the Tribunal. 12. The Tribunal has rightly assessed the monthly income of the claimant at Rs.15,000/- and applied the multiplier of '15'. Accordingly, the loss of future income is calculated as follows: 15,000/- X 12 X 15 X 10% = 2,70,000/- 13. Considering the injury sustained, the claimant is entitled to a sum of Rs.50,000/- towards pain and sufferings as against Rs.30,000/- awarded by the Tribunal. The claimant is entitled to a sum of Rs.30,000/- towards loss of amenities as against Rs.8,000/- awarded by the Tribunal. The Tribunal has awarded loss of income during laid-up period only for two months. Considering the injury sustained, the claimant is entitled to loss of income during laid-up period for three months in a sum of Rs.45,000/- (15,000 X 3). The Tribunal has awarded conveyance charges in a sum of Rs.10,000/- and towards food, - 7 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 nourishment and attendant charges in a sum of Rs.9,000/-. The claimant has been admitted in the hospital for nine days. Considering the same, the claimant is entitled to attendant charges, food, nourishment and attendant charges in a sum of Rs.9,000/- as against Rs.19,000/- awarded by the Tribunal. 14. Considering all the above aspects, the claimant is entitled to total compensation under different heads as under: Sl. No. Particulars Amount 1 Pain and sufferings Rs. 50,000.00 2 Medical expenses Rs. 1,36,530.00 3 Loss of income during laid-up period Rs. 45,000.00 4 Attendant and conveyance charges Rs. 9,000.00 5 Loss of amenities Rs. 30,000.00 6 Loss of future income Rs. 2,70,000.00 Total Rs. 5,40,530.00 15. The claimant is entitled to total compensation of Rs.5,40,530/- as against Rs.4,39,530/- as awarded by the - 8 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 Tribunal with interest at the rate of 6% per annum from the date of the petition till realization. 16. Therefore the claimant is entitled to enhanced compensation of Rs.1,01,000/- (5,40,530 - 4,39,530) with interest at the rate of 6% per annum from the date of petition till realization. 17. The Respondent - BMTC is liable to pay enhanced compensation amount with interest. 18. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The claimant is entitled to enhanced compensation of Rs.1,01,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent - BMTC shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it - 9 - HC-KAR NC: 2026:KHC:30175 MFA No. 4880 of 2025 is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The claimant is entitled to release of entire enhanced compensation amount. v) The claimant is not entitled to the interest for delay period of 378 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 46