- 1 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 778 OF 2025 (MV-I) BETWEEN: SMT. SAVITRAMMA W/O CHANDRAPPA SHETTY @ CHANDRAPPA NOW AGED ABOUT 65 YEARS RESIDING AT NEAR WATER TANK DESHINGPETE, BUDHIKOTE VILLAGE AND POST, BANGARAPET TALUK KOLAR DISTRICT. …APPELLANT (BY SMT. SUSHMITHA G, ADVOCATE) AND: THE MANAGING DIRECTOR KSRTC CENTRAL OFFICE, K.H.ROAD SHANTHI NAGAR BENGALURU-560 027. …RESPONDENT (BY SRI B PURANDARA & SATHEESH H K, ADVOCATE FOR R2 V/O DTD. 27.04.2026 NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.06.2023 PASSED IN MVC No.7692/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, C/c X Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-16), 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant challenging the judgment and award dated 28.06.2023 passed in MVC No. 7692/2019 by the VIII Additional Small Causes Judge and Member, MACT, Bengaluru, (SCCH-16). 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned appearing for respondent – Karnataka State Road Transport Corporation (for short `the Corporation’) it is taken up for disposal. 3. Appellant - claimant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident that occurred on 03.11.2019 contending that the accident occurred due to - 3 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 the rash and negligent driving by the driver of the bus bearing registration No. KA-07-F-1391. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Loss of future income Rs.1,17,600/- 2 Pain and sufferings Rs.15,000/- 3 Conveyance, nourishment and attendant charges Rs.15,000/- 4 Medical expenses Rs.2,77,700/- 5 Loss of amenities in life Rs.15,000/- 6 Loss of income during laid up period Rs.28,000/- Total Rs.4,68,300/- 4. The Tribunal has held that the claimant has also contributed to the accident to the extent of 30% and deducted Rs.1,40,490/- i.e. 30% of total compensation awarded in a sum of Rs.4,68,300/- and awarded Rs.3,27,810 with interest at the rate of 6% p.a. from date of petition till the date of realization. Claimant, challenging - 4 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 contributory negligence and also seeking enhancement of the compensation awarded, has filed the present appeal. 5. Heard learned counsel for appellant - claimant and learned counsel for respondent – Corporation. 6. Learned counsel for appellant would contend that the accident occurred in the Kolar bus stand when he claimant was getting down from the bus. At that time, driver of the bus suddenly moved the bus in reverse direction due to which the claimant fell down and sustained injuries. Considering the said aspect there is no negligence on the part of the claimant and she has not contributed to the accident. The Tribunal has erred in holding that the claimant has contributed to the extent of 30% to the accident and deducting compensation to that extent. She further contends that the Tribunal has rightly awarded `loss of future income’. Further, compensation awarded for `pain and suffering’ and `loss of amenities’ are on lower side. The Tribunal has awarded `loss of income during laid up period’ for two months. As per the - 5 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 advice of the Doctor claimant had to take rest at-least for 4 months and therefore, compensation under the said head also requires to be enhanced. With this, she prayed to allow the appeal. 7. Learned counsel for respondent – Corporation would contend that the claimant had got down from the running bus and sustained injuries. Considering the same the Tribunal has rightly taken contributory negligence at 30%. Compensation awarded under other heads are just and proper and there are no grounds for enhancement. 8. Having heard learned counsel for the parties, this Court has perused the judgment, award and trial Court records. 9. The accident occurred on 03.11.2019 in the Kolar bus stand. The accident occurred when the claimant was getting down from the bus which was stopped for alighting of passengers in the bus stand. At that time, driver of the bus suddenly moved the bus in reverse direction. As a result of this, claimant fell down and - 6 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 sustained injuries. Ex.P.5 is copy of charge sheet and it is filed against the driver of the bus. Column No.17 of the said charge sheet clearly indicate that the driver of the bus drove his bus in reverse direction when the passengers were getting down as a result of which the claimant fell down and sustained injuries. Driver of the said bus, who has been examined as R.W.1, has admitted that charge sheet is filed against him and he has not challenged the said charge sheet. Claimant was aged about 63 years as on the date of accident. The accident occurred when the driver of the bus took the bus in reverse direction when the passengers were getting down from the bus. Considering the said aspect there is no contributory negligence on the part of the claimant as held by the Tribunal. Therefore, said finding of the Tribunal requires to be set aside. Entire negligence is on the driver of the bus. Therefore, the Corporation is liable to pay entire compensation awarded to the claimant. - 7 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 10. As per Ex.P.6 – wound certificate claimant had sustained the following injuries: a) Degloving crush injury right leg extending from knee to foot b) Vascularity of flap doubtful 11. P.W.2 – Doctor has stated that surgery of the fracture was conducted and she needs 3 to 4 months for recovering from the said injury. Considering the injuries sustained by the claimant, the compensation awarded by the Tribunal for `pain and suffering’ in a sum of Rs.15,000/- requires to be enhanced to Rs.50,000/- and `loss of amenities’ in a sum of Rs.15,000/- requires to be enhanced to Rs.30,000/-. The Tribunal has rightly taken the disability at 10%, applied multiplier of 7, taken notional income at Rs.14,000/- and awarded `loss of future income’ in a sum of Rs.1,17,600/-. The Tribunal has also rightly awarded medical expenses. Considering that the claimant was admitted in the hospital for 10 days the compensation awarded for `conveyance, nourishment and - 8 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 attendant charges’ in a sum of Rs.15,000/- is just and proper. Considering the evidence of the Doctor that the claimant had to take rest for at-least 4 months, claimant is entitled to `loss of income during laid-up period’ in a sum of Rs.56,000/- [Rs.14,000x4months] as against Rs.28,000/- awarded by the Tribunal. 12. In view of the above, the claimant is entitled to total compensation as under: 1 Loss of future income Rs.1,17,600/- 2 Pain and sufferings Rs.50,000/- 3 Conveyance, nourishment and attendant charges Rs.15,000/- 4 Medical expenses Rs.2,77,700/- 5 Loss of amenities in life Rs.30,000/- 6 Loss of income during laid up period Rs.56,000/- Total Rs.5,46,300/- 13. Claimant is entitled to total compensation of Rs.5,46,300/- as against Rs.3,27,810/- awarded by the Tribunal with interest at the rate of 6% p.a. from date of - 9 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 petition till the date of realization. Consequently, the claimant is entitled enhanced compensation of Rs.2,18,490/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent - Corporation is liable to pay the said enhanced compensation with interest. 14. By order dated 21.04.2026 passed on I.A.No.1/2025 this Court has held that the claimant is not entitled to interest for the delay period of 468 days. 15. In view of the above, the following; O R D E R a. Appeal is allowed in part. b. Appellant - claimant is entitled to enhanced compensation of Rs.2,18,490/- with interest at the rate of 6% p.a. from date of petition till the date of realization. c. Respondent No. 2 – Insurer is directed to deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. - 10 - HC-KAR CNR: KAHC010059412025 NC: 2026:KHC:39690 MFA No. 778 of 2025 d. Claimant is entitled to release of entire enhanced compensation. e. Claimant is not entitled to interest for the delay period of 468 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 51 Ct.sm