- 1 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 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.6180 OF 2022(MV-I) BETWEEN: N.S KAMALAMMA AGED ABOUT 52 YEARS W/O N.T SHEKARAPPA R/O MURUGAN COLONY KADUR-577 548 CHIKMAGALUR DISTRICT …APPELLANT (BY SRI. PRAKASHA H.C, ADVOCATE) AND: 1. BHASKARCHARI N.J S/O JAYACHARI AGED ABOUT 39 YEARS KSRTC DRIVER R/O NIMBEGONDI VILLAGE S.K HALLI POST BHADRAVATHI TALUK SHIVMOGGA DISTRICT 577 301 2. DIVISIONAL CONTROLLER KSRTC PUTTUR DRIVER MUKRAMPADI, PUTTUR TALUK DAKSHINA KANNADA DISTRICT 574201 3. MANAGING DIRECTOR KSRTC, CENTRAL OFFICE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 SHANTHI NAGAR BANGALURU-560 001 (RC OWNER OF THE KSRTC BUS) …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2 & R3, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.02.2022 PASSED IN MVC NO538/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, KADUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.16,38,400/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred is not in dispute. - 3 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 2. Medical expenses 8,49,900 3. Conveyance 30,000 4. Loss of income during laid up period 62,500 5. Food and Nourishment 25,000 6. Future medical expenses 60,000 7. Loss of future income 5,61,000 Total 16,38,400 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 34% to the whole body. Having regard to the medical evidence, I am of the view that 34% disability is just and proper. 5. The Tribunal has rightly determined the monthly income, notionally at Rs.12,500/- per month. - 4 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 6. Since the claimant has suffered 34% disability and is aged about 53 years, 10% future prospects requires to be added to the said income, which would be Rs.13,750/- (12,500/- + 10%). Thus, the income of the claimant would be Rs.13,750/-. 7. As the claimant was aged 53 years, the Tribunal has rightly applied a multiplier of '11'. Consequently, the claimant would be entitled to a sum of Rs.6,17,100/- (Rs.13,750/- x 12 x 11 x 34%) towards 'loss of future income' as against the sum of Rs.5,61,000/-. 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. 9. Having regard to the length of stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.30,000/- towards 'food and nourishment' as against Rs.25,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'loss of amenities'. 11. The sum awarded as medical expenses at Rs.8,49,900/- being based on the documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 13. 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 50,000 1,00,000 2. Medical expenses 8,49,900 8,49,900 3. Conveyance 30,000 30,000 4. Loss of income during laid up period 62,500 62,500 - 6 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 5. Food and Nourishment 25,000 30,000 6. Future medical expenses 60,000 60,000 7. Loss of future income 5,61,000 6,17,100 8. Loss of amenities --- 50,000 Total 16,38,400 17,99,500 14. However, the Tribunal awarded 7% interest for the compensation awarded, in view of the judgment of the Division Bench 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. Accordingly, the interest is reduced to 6% instead of 7%. 15. Thus, the claimant is held entitled to the total compensation of Rs.17,99,500/- as against Rs.16,38,400/-, along with interest at the rate of 6% per annum except the sum of the Rs.60,000/- awarded under the head of future medical expenses from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010404162022 NC: 2026:KHC:37514 MFA No. 6180 of 2022 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.: 19