- 1 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3864 OF 2023 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 439 OF 2024 (MV-I) IN MFA No. 3864/2023 BETWEEN: THE MANAGING DIRECTOR K.S.R.T.C., REP. BY DIVISIONAL CONTROLLER, CHICKMAGALURU DIVISION, CHIKMAGALURU DISTRICT - 577 101. REP. BY ITS CHIEF LAW OFFICER, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. …APPELLANT (BY SRI. D. VIJAYAKUMAR, ADVOCATE) AND: SMT. NETHRAVATHI K.E. W/O SATHISH R.H., AGED ABOUT 38 YEARS, R/AT RAMANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 121. …RESPONDENT (BY SRI. JAGADEESH H.T., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2022 PASSED IN MVC Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 NO.1060/2019 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN, AWARDING COMPENSATION OF RS.2,93,903/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 439/2024 BETWEEN: SMT. NETHRAVATHI K.E. W/O SATHISH R.H., AGED ABOUT 39 YEARS, R/AT RAMANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 115. ...APPELLANT (BY SRI. JAGADEESH H T., ADVOCATE) AND: THE MANAGING DIRECTOR KSRTC. REPRESENTE BY DIVISIONAL CONTROLLER, CHICKMAGALUR DIVISION, CHICKMAGALUR DISTIRCT - 577 101. ...RESPONDENT (BY SRI. D. VIJAYAKUMAR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.12.2022 PASSED IN MVC NO.1060/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.3864/2023 is filed by the KSRTC (Corporation) challenging the liability and quantum of compensation and MFA No.439/2024 is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 30.12.2022 passed in MVC No.1060/2019 by Senior Civil Judge and MACT, Belur. 2. Even though the matter is listed today for orders/admission, with the consent of both the learned counsels appearing for the parties, the matter is taken up for disposal. 3. The claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 17.04.2019 contending that the accident occurred due to rash and negligent driving by the driver of KSRTC bus bearing registration No.KA-18-F-0622. - 4 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 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 1. Towards Pain and Suffering Rs. 30,000/- 2. Medical expenses Rs. 38,303/- 3. Conveyance, Attendant, Diet Food & Miscellaneous expenses Rs. 10,000/- 4. Loss of income during treatment period Rs. 14,000/- 5. Loss of future income due to disability Rs. 2,01,600/- Total Rs. 2,93,903/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed the Corporation to pay the compensation amount with interest. 6. The appellant/Corporation challenging the liability and the claimant/respondent has sought for enhancement of compensation. - 5 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 7. Heard the learned counsel for appellant/Corporation and learned counsel for respondent. 8. Learned counsel for the appellant/Corporation would contend that, there is a contributory negligence on the part of the claimant and the Tribunal has failed to consider the said aspect. The compensation awarded by the Tribunal is on higher side. With these, he prayed to allow the appeal. 9. Learned counsel for the claimant/respondent would contend that, the Tribunal considering the charge sheet - Ex.P9 filed against the driver of KSRTC bus has rightly saddled the liability on the KSRTC (Corporation) to pay the compensation. He further submits that, the Tribunal has not awarded loss of amenities and prays to enhance the compensation. 10. Having heard the learned counsels appearing for the parties, the Court has perused the Judgment and Award. - 6 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 11. The claimant was proceeding on her Active Honda bearing registration No.KA-13-EN-7406, at that time, the driver of KSRTC bus bearing registration No.KA- 18-F-0622 came in high speed and dashed to the right handle of Active Honda. Due to which, the claimant fell down and sustained injuries. The FIR has been registered against the driver of KSRTC bus. The charge sheet has been filed against the driver of KSRTC bus for rash and negligent driving. Considering the said aspect, the Tribunal has rightly held that the accident occurred due to rash and negligent driving by the driver of KSRTC bus. 12. The Tribunal has not awarded loss of amenities. Considering the injuries sustained and treatment taken, the claimant is entitled to loss of amenities in a sum of Rs.30,000/-. 13. The Tribunal has awarded just and fair compensation under other heads. - 7 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 14. Considering all the above aspects, the claimant is entitled to enhanced compensation of Rs.30,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 15. The KSRTC (Corporation) is liable to pay the said enhanced compensation amount with interest. 16. In view of the above, the following: ORDER i) Miscellaneous First Appeal No.3864/2023 is dismissed. ii) Miscellaneous First Appeal No.439/2024 is allowed-in-part. iii) The claimant is entitled to enhanced compensation of Rs.30,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iv) The claimant is not entitled to interest for the delay period of 288 days in filing the appeal. - 8 - HC-KAR NC: 2026:KHC:32497 MFA No. 3864 of 2023 C/W MFA No. 439 of 2024 v) The KSRTC (Corporation) shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. vi) Registry is directed to transmit the amount in deposit to the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 1