- 1 - HC-KAR CNR: KAHC010065512020 NC: 2026:KHC:36167 MFA No. 2084 of 2020 C/W MFA No. 5123 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2084 OF 2020(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.5123 OF 2020(MV-I) IN MFA No. 2084/2020 BETWEEN: THE MANAGING DIRECTOR K.S.R.T.C., K.H ROAD, BANGALORE. REPRESENTED THROUGH DIVISIONAL CONTROLLER, KSRTC, DAVANAGERE DIVISION, DAVANAGERE. (KSRTC BUS NO.KA-17-F-1277) NOW THROUGH CHIEF LAW OFFICER, K.S.R.T.C. BANGALORE. …APPELLANT (BY SRI. NAGARAJA K, ADVOCATE) AND: 1. SRI. REVANAPPA @ REVANAPPA GONEPPANAVAR S/O BASAPPA AGED ABOUT 37 YEARS R/O KSRTC HARIHARA DEPOT, HARIHARA (AS PER EVIDENCE NOW WORKING AT DAVANAGERE DEPOT, DAVANAGERE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010065512020 NC: 2026:KHC:36167 MFA No. 2084 of 2020 C/W MFA No. 5123 of 2020 2. SRI. NAGARAJAPPA S/O SHIVALINGAPPA AGED ABOUT 55 YEARS, DRIVER OF KSRTC BUS NO.KA-17-F-1277 R/O MAJJIGE SHANTHAVEERAPPA BADAVANE, GUTHUR COLONY, HARIHAR. …RESPONDENTS (BY SRI. SREE HARSHA A.K, ADVOCATE FOR R1, VIDE ORDER DATED 04.03.2020, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.30.09.2019, PASSED IN MVC NO.290/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND ADDITIONAL MACT, HARIHARA, AWARDING COMPENSATION OF RS.3,00,000/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE PETITION TILL ITS DEPOSIT. IN MFA NO. 5123/2020 BETWEEN: REVANAPPA @REVANAPPA GONEPPANAVAR S/O BASAPPA AGED ABOUT 37 YEARS R/AT KSRTC, HARIHAR DEPOT HARIHAR ...APPELLANT (BY SRI. SREE HARSHA A.K, ADVOCATE) AND: 1. NAGARAJAPPA S/O SHIVALINGAPPA AGED ABOUT 55 YEARS - 3 - HC-KAR CNR: KAHC010065512020 NC: 2026:KHC:36167 MFA No. 2084 of 2020 C/W MFA No. 5123 of 2020 DRIVER OF KSRTC BUS BEARINFG REG NO. KA17/F-277 R/AT MAJJIGE SHANTHAVEERAPPA BADAVANE, GUTHUR COLONY HARIHAR 2. THE MANAGING DIRECTOR K.S.R.T.C, K.H ROAD BANGALORE REP THROUGH DIVISIONAL CONTROLLER K.S.R.T.C, DAVANGERE DIVISION DAVANGERE-577 001 (KSRTC BUS BEARING REG. NO. KA17/F-1277) ...RESPONDENTS (BY SRI. NAGARAJA K, ADVOCATE FOR R12, VIDE ORDER DATED 04.03.2020, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 30.09.2019, PASSED IN MVC NO.290/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AND ADDITIONAL MACT, HARIHARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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. While MFA.No.5123/2020 is by the claimant i.e., conductor of the KSRTC bus seeking enhancement of compensation, MFA.No.2084/2020 is by the KSRTC seeking to - 4 - HC-KAR CNR: KAHC010065512020 NC: 2026:KHC:36167 MFA No. 2084 of 2020 C/W MFA No. 5123 of 2020 set aside the judgment and award dated 30.09.2010 passed in MVC.No.290/2015 filed by the claimant. 2. The facts of the case are that, on 07.11.2013, when the claimant was proceeding as Conductor in KSRTC Bus bearing registration No.KA-17 F 1277 at about 5.30 a.m. near Nidigal of Kalmanja Village of Belthangadi Taluk, the driver of the bus drove the same in a rash and negligent manner and having lost control, dashed the road side tree. As a result of which, the claimant suffered grievous injuries. Accordingly, he filed claim petition in MVC.No.290/2015 claiming compensation. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 1,00,000 2. Loss of future income 1,00,000 3. Loss of expectation of life 25,000 4. Conveyance, food, nourishment, attendant charges 25,000 5. Loss of amenities in life 50,000 Total 3,00,000 - 5 - HC-KAR CNR: KAHC010065512020 NC: 2026:KHC:36167 MFA No. 2084 of 2020 C/W MFA No. 5123 of 2020 4. Aggrieved by the same, both the KSRTC and the claimant are before this Court. 5. Heard Sri Sree Harsha A.K., learned counsel for the claimant and Sri Nagaraja K., learned counsel for the KSRTC. 6. Apart from urging several contentions, learned counsel for the KSRTC would vehemently contend that the Tribunal has awarded exorbitant compensation under various heads and that the Tribunal has also lost sight of the fact that the claimant is being paid the constant and regular income, as such, he has not suffered any loss of future income. Thus, he would pray for dismissal of the appeal of the claimant and for setting aside the impugned judgment of the Tribunal. 7. Per contra, learned counsel for the claimant would contend that the Tribunal has awarded meager sum under all the heads and that it has not properly appreciated the medical evidence and other related documents while assessing the compensation. Accordingly, he would pray for enhancement of compensation by allowing the appeal of the claimant and for dismissal of the appeal of the KSRTC. - 6 - HC-KAR CNR: KAHC010065512020 NC: 2026:KHC:36167 MFA No. 2084 of 2020 C/W MFA No. 5123 of 2020 8. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. The Tribunal, on an analysis of the medical evidence and on assessment of oral and documentary evidence, so also considering the avocation of the claimant, has awarded the aforesaid compensation. However, having regard to the nature of injuries suffered, in my opinion, it would be just and appropriate to award a sum of Rs.50,000/- globally in addition to what has been awarded by the Tribunal, without any interest on the said additional sum. Accordingly, the KSRTC is directed to deposit the said amount within a period of six weeks from the date of receipt of a copy of this judgment. The amount in deposit, if any, shall be transferred to the Tribunal. 9. In the result, the appeal of the KSRTC is dismissed and the appeal of the claimant is allowed in part. SD/- (RAJESH RAI K) JUDGE PKS/List No.: 1 Sl No.: 36