- 1 - HC-KAR CNR: KAHC010193752020 NC: 2026:KHC:37663 MFA No. 3991 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3991 OF 2020(MV-I) BETWEEN: 1. MANAGING DIRECTOR, KSRTC DAVANAGERE DIVISION, DAVANAGERE MYSORE-570 015 (OWNER OF KSRTC BUS BEARING REG. NO KA17/F-1384) 2. THE CHAIRMAN KSRTC INTERNAL SECUTIRY FUND SARIGE BHAVAN, SHANTHINAGAR K.H.ROAD, BANGALORE-560 027 NOW REPRESENTED BY ITS CHIEF LAW OFFICER KARNATAKA ROAD TRANSPORT CORPORATION CENTRAL OFFICE, SHANTHINAGAR, BEGNALURU-560 027. …APPELLANTS (BY SRI. VIJAYA KUMAR D, ADVOCATE) AND: 1. NARAYANA A AGED ABOUT 66 YEARS S/O ADVANAPPA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010193752020 NC: 2026:KHC:37663 MFA No. 3991 of 2020 RETIRED AGRICULTURAL DIRECTOR, RESIDING AT DOOR NO.459, MATRU NILAYA, 13TH MAIN, 5TH CROSS, S.NIJALINGAPPA EXTENSION DAVANAGERE. 2. NAGARAJ P M AGED ABOUT 42 YEARS S/O P.M. CHANNABASAIAH DRIVER OF KSRTC BUS-KA 17/F/1384 HARIHAR DEPOT, RESIDING AT HAGARI GAJAPUR VILLAGE, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT. …RESPONDENTS (BY SRI. C.R. VENKATESH, ADVOCATE FOR C/R1 IN CP 2773/2020 VIDE ORDER DATED 24/06/2022, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 07.01.2020, PASSED IN MVC NO.234/2019, ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE AND V-ADDITIONAL MACT, DAVANGERE, AWARDING COMPENSATION OF RS.2,81,200/- TOGETHER WITH INTEREST AT THE RATE OF 8 PERCENT P.A., FROM THE DATE OF THE CLAIM PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The KSRTC is in appeal challenging the judgment and award dated 07.01.2020 passed in MVC.No.234/2019 by the Tribunal. - 3 - HC-KAR CNR: KAHC010193752020 NC: 2026:KHC:37663 MFA No. 3991 of 2020 2. The fact that the accident occurred and the further fact that the claimant suffered injuries in the said accident are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation along with interest at 8% p.a.: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 40,000 2. Medical bills 61,800 3. Loss of income during laid up period 36,000 4. Loss of future earning due to disability 1,13,400 5. Loss of amenities conveyance food and nourishment and attendant charges 30,000 Total 2,81,200 4. Learned counsel for the KSRTC would contend that the amounts awarded as compensation under all the heads are exorbitant and hence, the same requires to be reduced by this Court. He would further contend that the Tribunal has erred in - 4 - HC-KAR CNR: KAHC010193752020 NC: 2026:KHC:37663 MFA No. 3991 of 2020 awarding 8% interest on the compensation. Accordingly, he would pray for allowing of the appeal. 5. On the other hand, learned counsel for the claimant would contend that the Tribunal, upon appreciation of evidence on record, both oral and documentary, has rightly awarded the compensation, which requires no interference at the hands of this Court. Accordingly, he would pray for dismissal of the appeal. 6. The Tribunal, on an analysis of both oral and documentary evidence, has concluded that the claimant has suffered permanent disability to the extent of 15% to the whole body. Having regard to the evidence of the Doctor and the wound certificate and disability certificate, I am of the considered view that the Tribunal has rightly assessed the disability, which does not call for any interference at the hands of this Court. Further, having considered the avocation and other aspects, the Tribunal has rightly assessed the compensation and has rightly awarded the same. As such, as far as compensation awarded under all the heads is concerned, the same requires no interference by this Court. - 5 - HC-KAR CNR: KAHC010193752020 NC: 2026:KHC:37663 MFA No. 3991 of 2020 7. However, having regard to the interest awarded by the Tribunal at 8% p.a. on the compensation, in view of the judgment of this Court in the case of Ms. Joyeeta Bose and others vs. Venkateshan V., and others in M.F.A.No.5896/2018, wherein it is held that 6% interest has to be awarded for the compensation in the Motor Accident Claims, the interest awarded in the instant case is reduced to 6% p.a. Accordingly, the interest awarded by the Tribunal is modified. Accordingly, the appeal of the KSRTC is allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 54