- 1 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 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. 5851 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5852 OF 2016 (MV-I) IN MFA No. 5851/2016: BETWEEN: MR ELIYAS P C S/O LATE CHERIYAN AGED ABOUT 50 YEARS, R/O PALLIKUNNEL HOUSE, NELLYADI POST & VILLAGE, PUTTUR TALUK-574 229 PRESENTLY RESIDENT OF JESUS COMPOUND VALENCIA CHURCH VALENCIA, MANGALURU TALUK. …APPELLANT (BY SRI. NATARAJA BALLAL., ADVOCATE) AND: THE MANAGING DIRECTOR, K.S.R.T.C. 575 001, MANGALURU DIVISION. …RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED14.07.2016 PASSED IN MVC NO.148/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 IN MFA NO. 5852/2016: BETWEEN: SMT SUSANNA V P W/O ELIYAS P.C. AGED ABOUT 45 YEARS, R/O PALLIKUNNEL HOSUE NELLYADI POST & VILLAGE, PUTTUR TALUK-574 229 PRESENTELY RESIDENT OF JESUS COMPOUND NEAR VALENCIA CHURCH, VALENCIA, MANGALURU TALUK. ...APPELLANT (BY SRI. NATARAJA BALLAL., ADVOCATE) AND: THE MANAGING DIRECTOR, K.S.R.T.C. 575 001, MANGALURU DIVISION. ...RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA.,ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.07.2016 PASSED IN MVC NO.149/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, & JMFC, MANGALURU, D.K., 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 - 3 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 ORAL JUDGMENT A common order was passed by III Additional Senior Civil Judge, & JMFC, Mangaluru, D.K, (hereinafter referred as Tribunal) dated 14.07.2016 passed in MVC Nos.148/2013 and 149/2013. 2. MFA No.5851/2016 is filed by the appellant/husband against MVC No.148/2013 and MFA No.5852/2016 is filed by the appellant/wife against MVC No.149/2013 under Section 173(1) of Motor Vehicles Act, 1988. In MFA No.5851/2016 3. The injured claimant met with an accident on 23.08.2012 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considered the entire evidence on record and granted Rs.2,62,557/- along with interest at the rate of 9% p.a., from the date of petition till realization. - 4 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 4. Aggrieved by the said order petitioner preferred an appeal and mainly contended that the petitioners sustained multiple injuries which are grievous in nature. Injuries are 9 in numbers and the petitioner/husband was operated and implant was conducted. He was treated as an inpatient from 23.08.2012 to 30.08.2012 and took treatment as an outpatient for 6 months. But the tribunal granted meager amounts under the other heads. He was doing canteen business and thus requested the court for enhancement of the compensation. Though the petitioner stated that he was aged 47 years and running canteen business and earning Rs.12,000/- per month he has not filed any income proof. As he met with an accident in the year 2012, this court finds that it is just and reasonable to take his notional income as Rs.7,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 47 years and the relevant multiplier is ‘13’. Petitioner sustained Multiple injuries and also filed Exs.P4/wound certificate and Ex.P5/disability - 5 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 certificate. Exs.P6 and P7 are discharge summaries. He examined the doctor as PW3 and as per the doctor, the petitioner sustained the following injuries, (I) Lacerated wound 3 cm x 0.5 cm x bone deep, over right side of the forehead (II) Lacerated wound, 2 cm x 0.5 cm x bone deep over upper and outer aspect of right cheek (III) Lacerated wound 1.5 cm x 0.5 cm x muscle deep, over right upper lip (IV) Abrasion 3 cm x 3 cm over left cheek (V) Abrasion 3 cm x 3 cm over right side of the face, just away from the eye (VI) Abrasion 4 cm x 3 cm over left shoulder (VII) Abrasion 3 cm x 2 cm over outer aspect of right forearm 3 cm below the elbow (VIII) Abrasion 3 cm x 2 cm over outer aspect of left forearm 5 cm above the wrist (IX) Diffused swelling around left ankle joint with underlying fracture of lower ends of both (bimalleolar fracture) tibia and fibula (X-ray of left ankle joint). The injuries Nos.1 to 8 are simple and injury No.9 is grevious in nature. It is a fracture of tibia and fibula and thus he assessed the disability as 12%. The court finds that it is just and reasonable to take 1/3rd of the same as 4%. Hence, the loss of future earning capacity comes to Rs.7000 X 12 X 13 X 4% = Rs.43,680/. He was - 6 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 admitted in the hospital for a period of 8 days. Considering the nature of injuries, period of hospitalisation, this court finds that it is reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amentias and Rs.30,000/- is granted towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work for a period of 4 months, therefore, Rs.28,000/- is to be granted under the head loss of income during laid up period. Tribunal already granted an amount of Rs.1,06,707/- towards medical expenses and the said amount is confirmed. 5. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 43,680 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 Transportation, extra nourishment and attendant charges. 30,000 - 7 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 Hence, the compensation granted by tribunal is enhanced from Rs.2,62,557/- to Rs.2,83,387/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award passed by III Additional Senior Civil Judge, & JMFC, Mangaluru, D.K, dated 14.07.2016 passed in MVC No.148/2013, is modified. iii. The claimant is entitled to a sum of Rs.2,83,387/- along with interest at 6% p.a., from the date of petition till the date 5 Loss of income during laid up period 28,000 6 Medical expenses 1,06,707 Total 2,83,387 - 8 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 of realization, instead of Rs.2,62,557/- granted by the tribunal. iv. Respondent/KSRTC has already deposited the awarded amount before the tribunal. Therefore, respondent/KSRTC is directed to deposit the enhanced compensation of Rs.20,830/- along with the interest at the rate of 6% within one month from the date of this order. In MFA No.5852/2016 7. The injured claimant met with an accident on 23.08.2012 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considered the entire evidence on record and granted Rs.4,87,641/- along with interest at the rate of 9% p.a. from date of petition till realization. 8. Aggrieved by the said order petitioner aged 42 years and she is wife of the claimant in MVC No.148/2013. - 9 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 It is stated that she was assisting her husband in running the canteen. But they have not filed any income proof. As such, she also met with an accident in the year 201. This court finds that it is just and reasonable to take her notional income as Rs.7000/- per month as per the chart prepared by Karnataka State Legal Services Authority. The relevant multiplier to be taken as ‘14’. The petitioner filed Ex.P11/Wound Certificate, Ex.P15/Disability Certificate, Ex.P16 to Ex.P18/Discharge Summary and also examined PW3. She examined the doctor and the doctor assessed the disability of 45% in the lower limbs, shoulder, wrist and hand. So 1/3rd of the same comes to 15%. As per the doctor, the petitioner sustained the following injuries, (I) Abrasion 6 cm x 4 cm over right side of the forehead (II) Contusion 5 cm x 5 cm over left side of the forehead (III) Abrasion 10 cm x 6 cm over right side of the face IV) Abrasion 6 cm x 4 cm over outer aspect of left forearm just below the elbow (V) Lacerated wound 5 cm x 1 cm x muscle deep, over back aspect of left lower forearm, wrist and hand (VI) Abrasion 6 cm x 6 cm over outer aspect of left side of the chest - 10 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 (VII) Abrasion 5 cm x 4 cm over left shoulder (VIII) Abrasion 8 cm x 5 cm over outer aspect of leftarm at middle one third with diffused swelling and deformity along with underlying fracture of humerus with radial palsy (IX) Abrasion 40 cm x 15 cm over left flank, hip and over outer aspect of upper thigh with internal degloving giving rise to haematoma formation in that spact along with underlying fracture of superior and inferior pubi rami of right hipbone 9. Therefore, loss of future earning capacity comes to Rs.7,000 x 12 x 14 x 15% = Rs.1,76,400/- . She was admitted in the hospital for a period of 59 days on different spells. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds that it is reasonable to grant an amount of Rs.70,000/- for pain and suffering, Rs.35,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. The tribunal had already granted Rs.2,69,791/- towards medical expenses. The said amount is confirmed by this court and petitioner might not have attended any other work at least for a period of 5 months. Therefore, Rs.35,000/- (Rs.7000 x 5) is to be granted under the head loss of income during laid up period. - 11 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 10. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.4,87,641/- to Rs.6,16,191/- along with interest at the rate of 6% p.a. 11. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,76,400 2 Pain and suffering 70,000 3 Loss of amenities 35,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid up period 35,000 6 Medical expenses 2,69,791 Total 6,16,191 - 12 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 ii. The judgment and award passed by III Additional Senior Civil Judge, & JMFC, Mangaluru, D.K, dated 14.07.2016 passed in MVC No.149/2013, is modified. iii. The claimant is entitled to a sum of Rs.6,16,191/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,87,641/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,28,550/- along with the interest at the rate of 6% within one month from the date of this order. - 13 - HC-KAR NC: 2026:KHC:28414 MFA No. 5851 of 2016 C/W MFA No. 5852 of 2016 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 25.10.2025, the delay of 226 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 52