- 1 - HC-KAR CNR: KAHC010254092021 NC: 2026:KHC:37196 MFA No. 3352 of 2021 C/W MFA No. 358 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3352 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.358 OF 2022(MV-I) IN MFA No. 3352/2021 BETWEEN: SRI SHIVANNA S/O KEMPAIAH AGED ABOUT 45 YEARS R/AT NO.63/2 NEAR ANJANEYASWAMY TEMPLE THADIKAVAGILU VILLAGE KUTAGAL HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT …APPELLANT (BY SRI. RAJU S, ADVOCATE) AND: THE MANAGING DIRECTOR, M/S KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD BANGALORE - 27 …RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010254092021 NC: 2026:KHC:37196 MFA No. 3352 of 2021 C/W MFA No. 358 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2020 PASSED IN MVC NO.173/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 358/2022 BETWEEN: THE MANAGING DIRECTOR KSRTC, BANGALORE-560 027 NOW REP BY CHIEF LAW OFFICER KSRTC, SARIGE BHAVANA KH RD, SHANTHINAGARA BANGALORE-560 027 ...APPELLANT (BY SRI. F.S. DABALI, ADVOCATE) AND: SHIVANNA S/O KEMPAYYA AGE 44 YEARS R/A #63/2 NEAR ANJINEYA SWAMY TEMPLE THADIKAVAGILU VILLAGE KUTAGAL HOBLI RAMANAGARA TQ AND DIST.-562 159 ...RESPONDENT (BY SRI. RAJU S, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2020 PASSED IN MVC NO. 173/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT, RAMANAGARA, AWARDING COMPENSATION OF RS.67,000/- WITH INTEREST AT 6 - 3 - HC-KAR CNR: KAHC010254092021 NC: 2026:KHC:37196 MFA No. 3352 of 2021 C/W MFA No. 358 of 2022 PERCENT P.A WITH COST. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. These two appeals are directed against the common judgment and award dated 14.10.2020 passed in MVC No.173/2016 on the file of Addl. Motor Accidents Claims Tribunal and III Addl. District and Sessions Judge at Ramanagara (for short 'the Tribunal), whereby the Tribunal partly allowed the claim petition filed by the claimant. Being dissatisfied with the compensation awarded by the Tribunal, the claimant preferred MFA No.3352/2021 and the Insurance Company preferred MFA No.358/2022 challenging the liability and compensation. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 4 - HC-KAR CNR: KAHC010254092021 NC: 2026:KHC:37196 MFA No. 3352 of 2021 C/W MFA No. 358 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Towards pain and agony 35,000 2. Towards nominal medical expenses, attendant charges, food and nourishment 10,000 3. Towards loss of income during the course of treatment (for 2 months) (Rs.6,000 X 2) 12,000 4. Towards conveyance 5,000 5. Towards future unhappiness 5,000 Total 67,000 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant and placing reliance on evidence of PW.2-Doctor and Ex.P4-wound certificate, which depicts that the claimant has sustained 'optical region with fracture and left temporal region contusion with intracranial bleed', I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.35,000/- as global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.67,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,02,000/- as against Rs.67,000/-. However, no interest is awarded in respect of global compensation of Rs.35,000/-. - 5 - HC-KAR CNR: KAHC010254092021 NC: 2026:KHC:37196 MFA No. 3352 of 2021 C/W MFA No. 358 of 2022 5. The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 6. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal filed by the claimant in MFA No.3352/2021 is partly allowed. 7. In view of the above, the appeal by the Insurance Company in MFA No.358/2022 is dismissed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 45