- 1 - HC-KAR CNR: KAHC010526562022 NC: 2026:KHC:38826 MFA No. 7767 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.7767 OF 2022(MV-I) BETWEEN: SRI. CHANDAN KUMAR J S/O JAGANNATH M AGED ABOUT 27 YEARS R/AT NO.268, KHAADRISRI KASTHURI NILAYA, 6TH BLOCK SRI. M.V LAYOUT V.N POST, BENGALURU-560 091. …APPELLANT (BY SRI. SATISHCHANDRA R, ADVOCATE) AND: THE MANAGING DIRECTOR K.S.R.T.C. SARIGE BHAVAN DOUBLE ROAD, K.H ROAD SHANTHINAGAR BENGALURU-560 027 (K.S.R.T.C. BUS BEARING REG NO.KA-42-F-2138) …RESPONDENT (BY SRI. NAGARAJA K, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.02.2021 PASSED IN MVC NO.7570/2018 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACMM, BENGALURU, (SCCH-2), 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: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010526562022 NC: 2026:KHC:38826 MFA No. 7767 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.6,56,312/- awarded by the Tribunal, vide judgment and award dated 17.02.2021 in MVC No.7570/2018, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle belonged to KSRTC 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 2,28,312 3. Medical expenses 3,18,000 4. Loss of income during the laid up period 20,000 5. Conveyance, food, nourishment, attendant charges 20,000 6. Loss of amenities in life 20,000 Total 6,56,312 - 3 - HC-KAR CNR: KAHC010526562022 NC: 2026:KHC:38826 MFA No. 7767 of 2022 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10.57% to the whole body. 5. I have perused the evidence of PW.4-Doctor and wound certificate. The same depicts that the claimant has suffered fracture of right maxillary sinus, fracture of right zygomatic arch, fracture of 7th, 8th and 9th ribs and fracture of right scapula with hypocalemic shock. 6. Since the Doctor has assessed the disability at 31.7% to the right upper limb and 10.57% to the whole body, the Tribunal has considered the disability of the claimant at 10.57% to the whole body. Having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to assess the disability at 11%. Accordingly, the disability suffered by the claimant would be at 11%. 7. The Tribunal has determined the monthly income of the claimant at Rs.10,000/-, as the claimant has failed to examine his employer and has not produced his IT returns to prove the actual income. Since there is no credible - 4 - HC-KAR CNR: KAHC010526562022 NC: 2026:KHC:38826 MFA No. 7767 of 2022 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 2018, would be Rs.12,500/-. 8. As the claimant was aged about 22 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,97,000/- (12,500 x 12 x 18 x 11%) 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.37,500/- (Rs.12,500 x 3 months) considering the laid up period as three months. 10. Having regard to the sums of Rs.50,000/- towards 'pain and suffering', and of Rs.20,000/- towards 'Conveyance, food and nourishment and attendant charges' awarded by the Tribunal, being just and proper, are affirmed. 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: KAHC010526562022 NC: 2026:KHC:38826 MFA No. 7767 of 2022 Rs.30,000/- towards 'loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 12. Having regard to the sum of Rs.3,18,000/- awarded by the Tribunal towards 'Medical expenses', being based on documentary evidence, is affirmed. 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 50,000 2. Loss of future income 2,28,312 2,97,000 3. Medical expenses 3,18,000 3,18,000 4 Loss of income during the laid up period 20,000 37,500 5. Conveyance, food, nourishment, attendant charges 20,000 20,000 6. Loss of amenities in life 20,000 30,000 Total 6,56,312 7,52,500 - 6 - HC-KAR CNR: KAHC010526562022 NC: 2026:KHC:38826 MFA No. 7767 of 2022 14. Thus, the claimant is held entitled to the total compensation of Rs.7,52,500/- as against Rs.6,56,312/- awarded by the Tribunal. However, the enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 15. The respondent-KSTRC 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. The amount in deposit, if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 21