- 1 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2446 OF 2014 (MV-I) BETWEEN: SRI ASGAR KHAN S/O WAHEED KHAN AGE 45 YEARS, OCC: FLOWER BUSINESS NO.349, BEHIND D.G.HALLI POLICE STATION, BANGALORE-560048. APPELLANT (BY SRI. SURESH M LATUR .,ADVOCATE) AND: 1. THE MANAGING DIRECTOR KSRTC, K.H.ROAD, SHANTHINAGAR BANGALORE-560027. 2. MR. RAMEGOWDA S/O HONNEGOWDA, MAJOR R/O RAMANARISHIMARAJAPUR CHENPATNA TALUK BANGALORE RURAL DISTRICT571501. 3. THE ORIENTAL INSURANCE COM.LTD. DOOR NO.10, BANGALORE-3213-217, NAGAPRABHA CHAMBERS, III MAIN, 4TH CROSS,CHAMRAJPET, BANGALORE-560018. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 RESPONDENTS (BY SRI. JAGADEESH.,ADVOCATE FOR R1; V/O DTD 09.10.2015 NOTICE TO R2 AND R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.12.2013 PASSED IN MVC NO.3284/2009 ON THE FILE OF XII ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE (SCCH-8), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.12.2013 passed in MVC.No.3284/2009 on the file of the learned XII Additional Judge, Small Causes and Member, MACT, Bangalore (SCCH- 08), seeking for enhancement of compensation. - 3 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/managing director of KSRTC. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 12.10.2008 and filed claim petition claiming compensation of Rs.7,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,45,000/- together with interest at the rate of 6% per annum from the date of petition till realization. Aggrieved by the said order he preferred an appeal and mainly contented that the doctor assessed the disability of the right lower limb as 23.4% and 7% to the right upper limb and 18.7% to the whole body, but the Tribunal erred in taking the same as 10% without any basis. The petitioner was doing flower business and earning Rs.6,000/- per month. The amounts granted by the Tribunal under the other heads are meager. Therefore, requested for enhancement of the compensation. 4. Though, the petitioner stated that he was doing flower business and earning Rs.6,000/- per month, he has not - 4 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 filed any income proof, as he met with the accident in the year 2008, this Court finds that it is just and reasonable to take his notional income as Rs.4,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 40 years and the relevant multiplier is '15'. He filed Ex.P6 wound certificate and also other medical documents and examined doctor as PW2. PW2 is a orthopedic surgeon he stated that the claimant sustained fracture of pelvis superior and inferior public rami right side, crush injury of index and thumb fingers of right hand. On clinical examination, it is found that there is tenderness in right inguinal regions, pubic region and inner aspect of right thigh. There is difficulty to sit cross legged, to squat, to use Indian toilet, to climb up and down the stair case. There is loss of power of mussels acting on right hip region which has disability of 11.7% to the whole body. There is tenderness in thumb and index finger of right hand. Difficulty to lift hold, carry weights or objects from right hand. Tip of the thumb tapered due to wasting. Index finger is wasted and medially deviated due to wasting and no movements are present in PIP joint due to ankylosis. Collective disability for - 5 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 both right upper limb and lower limb is 18.7% of whole body. Radiological examination shows all fracture are united. It is clear that total disability is 23.4% + 7%=30.4% and 1/3rd of the same come to 10%. The Tribunal has rightly considered the disability and this Court finds no reason to interfere with the said order. Loss of future earning capacity comes to Rs.4,500/- X 12 X 15 X 10% =Rs.81,000/-. Discharge summary is not filed, as such period of hospitalization is not mentioned. Considering the nature of injuries, his age, occupation and disability assessed by the doctor, this Court finds that it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities, Rs.30,000/- towards for transportation, food, external nourishment and attendant charges. The petitioner might not have attended any other work at least for a of four months Rs.4,500/- x 4 =18,000/- is granted towards loss of income during laid up period. The Tribunal has granted an amount of Rs.5,000/- towards medical expenses and the said amount is confirmed. - 6 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,09,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed- in- part. ii. The judgment and award dated 09.12.2013 passed in MVC.No.3284/2009 on the file of the learned XII Additional Judge, Small Causes and Member, MACT, Bangalore (SCCH-08), is modified. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Medical expenses 5,000/- 3. Towards loss of amenities 25,000/- 4. Towards food, nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 18,000/- 6. Towards loss of future earning capacity 81,000/- Total 2,09,000/- - 7 - HC-KAR CNR: KAHC010475182014 NC: 2026:KHC:39840 MFA No. 2446 of 2014 iii. The claimant is entitled to a sum of Rs.2,09,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,45,000/- granted by the tribunal. iv. Respondent No.1/Managing Director of KSRTC has already deposited the award amount before the Tribunal. Therefore, respondent No.1/ Managing Director of KSRTC is directed to deposit the enhanced compensation of Rs.64,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 29