- 1 - HC-KAR CNR: KAHC010117492022 NC: 2026:KHC:38587 MFA No. 2395 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2395 OF 2022(MV-I) BETWEEN: SMT. GEETHA W/O SIDDAPPA AGED ABOUT 53 YEARS, RESIDING AT NO.104, KRISHNA COMPOUND FLOOR MILL ROAD, IIMB POST, BILEKAHALLI, BENGALURU-560 076 …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: THE MANAGING DIRECTOR KSRTC DIVISION CENTRAL OFFICE K.H.ROAD, SHANTHINAGAR, BENGALURU-560 002. …RESPONDENT (BY SRI. NAGARAJA K, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.12.2021 PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010117492022 NC: 2026:KHC:38587 MFA No. 2395 of 2022 NO. 8008/2019 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,08,200/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred 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. Pain and sufferings 20,000 2. Medical bills 22,400 3. Food, nourishment and Attendant charges 15,000 4. Future medical expenses 15,000 5. Loss of income during laid up period and rest period 13,000 6. Loss of amenities 20,000 - 3 - HC-KAR CNR: KAHC010117492022 NC: 2026:KHC:38587 MFA No. 2395 of 2022 7. Loss of future earnings 2,02,800 Total 3,08,200 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered compression fracture of D12 Vertebra with the compression is more than 50% without neurological manifestation amounts to 20% to the spine. 6. Though the Doctor has assessed the disability to the spine at 20%, he has not assessed the functional disability to the whole body, considering the medical records of the claimant, I deem it just and appropriate to assess the disability at 18%. Accordingly, the disability suffered by the claimant would be at 18% 7. The Tribunal has determined the monthly income, notionally at Rs.13,000/- per month. Since there is no credible documentary evidence to ascertain the actual monthly income, - 4 - HC-KAR CNR: KAHC010117492022 NC: 2026:KHC:38587 MFA No. 2395 of 2022 it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2019, would be Rs.14,000/- 8. As the claimant was aged 50 years, the Tribunal has rightly applied a multiplier of '13'. Consequently, the claimant would be entitled to a sum of Rs.3,93,120/- (14,000 x 12 x 13 x 18%) towards 'loss of future income' as against the sum of Rs.2,02,800/-. 9. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.42,000/- (14,000 X 3 months) towards 'loss of income during the laid up period' as against the sum of Rs.13,000/-. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR CNR: KAHC010117492022 NC: 2026:KHC:38587 MFA No. 2395 of 2022 Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.22,400/- being based on the documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 14. 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. Pain and sufferings 20,000 50,000 2. Medical bills 22,400 22,400 3. Food, nourishment and Attendant charges 15,000 15,000 4. Future medical expenses 15,000 15,000 5. Loss of income during laid up period and rest period 13,000 42,000 6. Loss of amenities 20,000 30,000 - 6 - HC-KAR CNR: KAHC010117492022 NC: 2026:KHC:38587 MFA No. 2395 of 2022 7. Loss of future earnings 2,02,800 3,93,120 Total 3,08,200 5,67,520 15. Thus, the claimant is held entitled to the total compensation of Rs.5,67,520/- as against Rs.3,08,200/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The KSRTC is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 12