- 1 - HC-KAR CNR: KAHC010341852020 NC: 2026:KHC:44468 MFA No. 6072 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6072 OF 2021(MV-I) BETWEEN: SRI B SHIVARAJU S/O LATE BOMAIAH B AGED ABOUT 42 YEARS R/O BELAVADI VILLAGE DODDAMAGGE HOBLI ARAKALGUD TALUK HASSAN DISTRICT-573 207 …APPELLANT (BY SRI. KARUNAKARA AND SRI. SATISH D, ADVOCATES) AND: THE MANAGER DIVISIONAL OFFICE KSRTC, B.M ROAD HASSAN-573 201 (KSRTC BUS BEARING REGISTRATION NO.KA-01-F-7973) …RESPONDENT (BY SRI. G.LAKSHMEESH RAO, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.05.2016 PASSED IN MVC NO. 215/2013 ON THE FILE OF THE MEMBER, ADDITIONAL M.A.C.T., HASSAN, 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: KAHC010341852020 NC: 2026:KHC:44468 MFA No. 6072 of 2021 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.3,93,000/- awarded by the Tribunal in MVC No.215/2013 dated 11.05.2016, is in appeal. 2. The fact that the accident occurred and further fact that the vehicle involved in the accident belongs 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 35,000 2. Medical expenses 39,000 3. Loss of income during treatment period 16,000 4. Loss of amenities 15,000 5. Food and nourishment 5,000 6. Attendant charges 10,000 7. Transportation and incidental charges 10,000 8. Loss of future income 2,16,000 - 3 - HC-KAR CNR: KAHC010341852020 NC: 2026:KHC:44468 MFA No. 6072 of 2021 9. Future medical expenses 50,000 Sub-Total 3,96,000 (-) The amount received by the claimant from the respondent- KSRTC 3,000 TOTAL 3,93,000 4. The Tribunal, on an analysis of medical evidence and by considering the evidence of PW.2 has rightly assessed the disability of the claimant at 15%. As the claimant was aged 36 years at the time of accident, the Tribunal has rightly adopted the multiplier as ‘15’ and also rightly considered the monthly income of the claimant at Rs.8,000/-. Accordingly, the sum awarded under the head ‘loss of future income’ at Rs.2,16,000/- by the Tribunal, is just and proper. 5. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards ‘pain and suffering’ as against Rs.35,000/- awarded by the Tribunal. 6. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards ‘loss of amenities’ as against Rs.15,000/- awarded by the Tribunal. - 4 - HC-KAR CNR: KAHC010341852020 NC: 2026:KHC:44468 MFA No. 6072 of 2021 7. Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.11,000/- towards ‘food and nourishment’ as against Rs.5,000/- awarded by the Tribunal. 8. As a consequence, the amount of Rs.16,000/- awarded by the Tribunal towards ‘loss of income during laid up period’ would also sand enhanced to Rs.24,000/- (8,000 X 3 months) treating the laid up period as three months. 9. The sum of Rs.39,000/- awarded by the Tribunal towards ‘medical expenses’ being based on documentary evidence, is affirmed. 10. As a consequence, the amount of Rs.50,000/- awarded by the Tribunal towards 'future medical expenses' would also stand enhanced to Rs.1,00,000/-. 11. The sums awarded under the heads ‘attendant charges’ and ‘transportation and incidental charges’ remain unaltered. - 5 - HC-KAR CNR: KAHC010341852020 NC: 2026:KHC:44468 MFA No. 6072 of 2021 12. 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 35,000 60,000 2. Medical expenses 39,000 39,000 3. Loss of income during treatment period 16,000 24,000 4. Loss of amenities 15,000 30,000 5. Food and nourishment 5,000 11,000 6. Attendant charges 10,000 10,000 7. Transportation and incidental charges 10,000 10,000 8. Loss of future income 2,16,000 2,16,000 9. Future medical expenses 50,000 1,00,000 Sub-Total 3,96,000 5,00,000 (-) The amount received by the claimant from the respondent-KSRTC 3,000 3,000 TOTAL 3,93,000 4,97,000 13. Thus, the claimant is held entitled to the total compensation of Rs.4,97,000/- as against Rs.3,93,000/- along with interest at the rate of 6% per annum from the date of petition till its realization. The appellant-claimant is not entitled for interest for the delayed period of 1313 days in filing this appeal. - 6 - HC-KAR CNR: KAHC010341852020 NC: 2026:KHC:44468 MFA No. 6072 of 2021 14. The Respondent-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. 15. The appeal is accordingly allowed in part. The apportionment of compensation amount shall be in terms of the award of the Tribunal. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 16