- 1 - HC-KAR NC: 2026:KHC:35352 MFA No. 3424 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 3424 OF 2020 (MV-I) BETWEEN: MANAGING DIRECTOR, KSRTC CENTRAL OFICE, K.H.ROAD, BENGALURU 27, REPRESENTD BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. ASHOK KUMAR M., ADVOCATE) AND: HEMANTH KUMAR S/O. VENKATESHAPPA, AGEDABOUT 40 YEARS, R/AT SALUR VILLAGE, VANAKAHALLI POST, KASABA HOBLI, ANEKAL TALUK …RESPONDENT (BY SRI. GANESH N., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.07.2019 PASSED IN MVC NO.112/2015 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, M.A.C.T., BENGALURU RURAL DISTRICT, SITTING AT ANEKAL. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35352 MFA No. 3424 of 2020 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The appellant-KSRTC, being aggrieved by the award of compensation of Rs.6,31,800/- by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle - the bus, belonged to appellant Corporation is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards pain, shock and suffering along with discomfort and inconvenience 1,00,000 2. Medical Expenses 1,10,000 3. Future Medical Expenses 40,000 4. Towards food nourishment attendant, conveyance 10,000 5. Loss of earning during convalescent period 45,000 - 3 - HC-KAR NC: 2026:KHC:35352 MFA No. 3424 of 2020 6. Loss of amenities 10,000 7. Permanent disability 3,16,800 Total 6,31,800 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 11%. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate at Ex.P5. The same depicts that the claimant has suffered fracture of both bones of left leg. 6. Since the Doctor has assessed the disability at 11% to the whole body, having regard to the nature of the injuries sustained by the claimant, I deem it just and appropriate to consider the same as proper. 7. The Tribunal has determined the monthly income, notionally at Rs.15,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services - 4 - HC-KAR NC: 2026:KHC:35352 MFA No. 3424 of 2020 Authority, which, for the accident of the year 2013, would be Rs.8,000/-. 8. As the claimant was aged 34 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,68,960/- (8,000 x 12 x 16 x 11%) towards 'loss of future income'. 9. In view of the nature of the injuries suffered by the claimant, I am of the opinion that the sums awarded under other heads by the Tribunal are just and proper. 10. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Towards pain, shock and suffering along with discomfort and inconvenience 1,00,000 1,00,000 2. Medical Expenses 1,10,000 1,10,000 3. Future Medical Expenses 40,000 40,000 4. Towards food nourishment 10,000 10,000 - 5 - HC-KAR NC: 2026:KHC:35352 MFA No. 3424 of 2020 attendant, conveyance 6. Loss of earning during convalescent period 45,000 24,000 7. Loss of amenities 10,000 25,000 8. Loss of future income/permanent disability 3,16,800 1,68,960 Total 6,31,800 4,77,900 11. The Tribunal has erred while awarding interest to the compensation. As per the law laid down by Division Bench of this Court in MFA No.5896/2018 the rate of interest to be awarded shall be 6%. Hence the same is reduced to 6% as against 9% awarded by the Tribunal. 12. Thus, the claimant is held entitled to the total compensation of Rs.4,77,900/- as against Rs.6,31,800/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The Insurance Company is directed to deposit the amount of compensation, if not already deposited, within six weeks from the date of receipt of a certified copy of this judgment. - 6 - HC-KAR NC: 2026:KHC:35352 MFA No. 3424 of 2020 14. The amount in deposit shall be transmitted to the Tribunal for disbursement in terms of the award. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 20