- 1 - HC-KAR CNR: KAHC010559142022 NC: 2026:KHC:38824 MFA No. 8148 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.8148 OF 2022(MV-I) BETWEEN: M IYYAPPAN S/O C.MAHARAJAN, AGED ABOUT 26 YEARS, RESIDING AT NO.22C/11, J.KURICHI MAIN ROAD, KULAVANIGARPURAM, PALAYAMKOTTAI THIRUNALVELI, TAMILNADU-627 002. …APPELLANT (BY SRI. SREENIVASAIAH A.,ADVOCATE) AND: THE MANAGING DIRECTOR B.M.T.C, SHANTHINAGAR, BANGALORE-560 027. …RESPONDENT (BY SRI. VIJAY KUMAR, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.08.2021 PASSED IN MVC NO. 7410/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010559142022 NC: 2026:KHC:38824 MFA No. 8148 of 2022 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.6,73,119/- awarded by the Tribunal in MVC No.7410/2019 dated 12.08.2021, is in appeal. 2. The fact that the accident occurred and the further fact that the offending bus belongs to respondent-BMTC are 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 50,000 2. Loss of future income 2,59,200 3. Medical expenses 2,82,911 4. Future medical expenses 20,000 5. Loss of income during the laid up period 20,000 6. food, nourishment, attendant charges 4,800 7. Loss of amenities in life 20,000 8. Conveyance 16,208 Total 6,73,119 - 3 - HC-KAR CNR: KAHC010559142022 NC: 2026:KHC:38824 MFA No. 8148 of 2022 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 12% to the whole body. 5. I have perused the evidence of the Doctor-PW.2 and Exs.P6, P12 and 13 i.e., medical records of the claimant. The same depict that the claimant has suffered grazed abrasion present over right ankle 3cm X 2cms, pumlnary would present over right ankle 0.5 X 2.5cms, irregular lacerated would present over left ankle and foot 7cm X 5cm bone deep, displaced fracture of (tibia & fibula) right leg, displaced fracture of right foot 4th & 5th metatarsal and 2nd & 3rd metatarsal with multiple tendon and deep perineal nerve injury and ATA injury. 6. Since the Doctor has assessed the disability of the claimant at 44% to the right lower limb, 35% to left lower limb and 23% to the whole body, the Tribunal has considered the disability to the whole body at 12%. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it appropriate to assess the disability at 17%. Accordingly, the disability suffered by the claimant would be at 17%. - 4 - HC-KAR CNR: KAHC010559142022 NC: 2026:KHC:38824 MFA No. 8148 of 2022 7. The Tribunal has determined the monthly income of the claimant, notionally at Rs.10,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, 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 about 23 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,14,080/- (14,000 x 12 x 18 x 17%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.20,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000 x 3 months) considering the laid up period as three months. 10. Having regard to the injuries suffered by the claimant and having regard to the lasting effects of the same, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.50,000/- and a sum - 5 - HC-KAR CNR: KAHC010559142022 NC: 2026:KHC:38824 MFA No. 8148 of 2022 of Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 11. The sum awarded towards 'medical expenses' at Rs.2,82,911/-, being based on documentary evidence, is affirmed so also the sums awarded towards 'food and extra nourishment and medical attendant'' at Rs.4,800/-, Rs.16,208/- towards 'conveyance' being just and proper, affirmed. 12. As a consequence, the amount of Rs.20,000/- awarded by the Tribunal towards 'future medical expenses' would also stand enhanced to Rs.30,000/-. 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 this Court (Rs.) 1. Pain and sufferings 60,000 2. Loss of future income 5,14,080 3. Medical expenses 2,82,911 4. Future medical expenses 30,000 5. Loss of income during the laid up period 42,000 - 6 - HC-KAR CNR: KAHC010559142022 NC: 2026:KHC:38824 MFA No. 8148 of 2022 6. food, nourishment, attendant charges 4,800 7. Loss of amenities in life 30,000 8. Conveyance 16,208 Total 9,79,999 Rounded off To 9,80,000 14. Thus, the claimant is held entitled to the total compensation of Rs.9,80,000/- as against Rs.6,73,119/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 15. The respondent-BMTC 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 amount in deposit, if any, shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 15