- 1 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3025 OF 2020(MV-I) C/W MFA CROSS OBJECTION NO. 27 OF 2026 (MV-I) IN MFA No. 3025/2020 BETWEEN: 1. THE MANAGING DIRECTOR, KSRTC, KH ROAD, BENGALURU. NOW REPRESENTED BY CHIEF LAW OFFICER, CENTRAL OFFICES, SARIGE BHAVANA, KH ROAD, SHANTHINAGARA, BANGALORE - 560 027. …APPELLANT (BY SRI.F.S.DABALI, ADVOCATE) AND: HANUMANTHAIAH T.N., S/O NARAYANAPPA, AGE 29 YEARS, R/AT THADIKAVAGILU VILLAGE, KOOTAGAL HOBLI, RAMANAGARA TQ AND DISTRICT - 562 159. …RESPONDENT (BY SRI. RAJU S., ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 23.12.2019, PASSED IN MVC NO.171/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MACT, RAMANAGARA, AWARDING COMPENSATION OF RS.3,64,000/- TOGETHER WITH INTEREST AT 6 PERCENT P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA.CROB NO.27/2026 BETWEEN: 1. SRI. HANUMANTHAIAH T.N., S/O NARAYANAPPA, AGED ABOUT 35 YEARS, R/AT THADIKAVAGILU VILLAGE, KOOTAGAL, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159. ...CROSS OBJECTOR (BY SRI. RAJU S., ADVOCATE) AND: 1. THE MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION, K H ROAD, BENGALURU - 560 027. ...RESPONDENT (BY SRI.F.S.DABALI, ADVOCATE) THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W SECTION AGAINST THE JUDGMENT AND AWARD - 3 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 DATED 23.12.2019 PASSED IN MVC.NO.171/2016 ON THE FILE OF THE PRL SENIOR CIVIL JUDGE AND CJM MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA AND MFA CROB, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT These two appeals, are filed challenging the judgment and award passed in MVC No.171/2016 dated 23.12.2019 by the Principal Senior Civil Judge and CJM and MACT at Ramanagara (hereinafter 'Tribunal' for short), wherein, the Tribunal partly allowed the claim petition filed by the claimants and awarded compensation of Rs.3,64,000/- with 6% interest per annum. MFA No.3025/2020 is filed by the appellant - KSRTC, whereas MFA Crob No.27/2026 is filed by the injured-claimants. 2. The facts which are necessary for disposal of these two matters are that: - 4 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 a) On 06.02.2015 at about 03.30 p.m., the claimant i.e., the appellant in MFA Crob No.27/2026 along with his friend, was proceeding in a TVS-XL moped bearing Registration No.KA-02-HD-9508 at Ramanagara, near Hombaiahnadoddi. At that time, a KSRTC bus bearing Registration No.KA-42-F-743 came from Ramanagara in a rash and intelligent manner and dashed against the TVS- XL moped of the injured-claimant. As a result, claimant sustained injuries and he was shifted to BGS Hospital, Ramanagara, wherein, he was given first aid treatment and thereafter, he was shifted to NIMHANS Hospital, Bengaluru. As such, he filed a claim petition claiming compensation for the accidental injuries sustained in the accident. b) Upon assessment of oral and documentary evidence, the Tribunal partly allowed the claim petition and awarded the compensation as stated supra. - 5 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 c) The said judgment and award is challenged by the KSRTC as well as the claimant. 3. Heard the learned counsel for the appellant- KSRTC and also the learned counsel for the claimant. 4. Apart from several contentions urged, learned counsel appearing for appellant-KSRTC primarily contented that the Tribunal crossly erred while saddling the entire negligence on the part of the driver of the KSRTC bus. According to him, though a charge sheet was filed against the driver of the bus by the jurisdictional police, on perusal of the evidence of PW1 and RW1, it is established that the injured, the rider of the TVS-XL also equally contributed negligence for the cause of accident. He contended that the injured-claimant without following the traffic rules, rode the vehicle and dashed against the KSRTC bus, which was a head on collision. In such circumstances, it could be easily presumed that injured-claimant has also contributed equal negligence for the accident. - 6 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 5. Learned counsel for the KSRTC further contended that the Tribunal is not justified in awarding exorbitant compensation to the injured-claimant without properly considering the avocation and income of the injured. Accordingly, he prays to allow the appeal filed by the KSRTC by dismissing the Cross Objection filed by the claimant. 6. Per contra, learned counsel appearing for the cross-objector/ injured-claimant contented that, the Tribunal upon meticulous examination of the entire evidence on record, rightly awarded reasonable compensation which does not call for any interference by this Court. According to him, though it is contented by the learned counsel for the KSRTC that the injured-claimant was equally contributed negligence for the cause of accident, no iota of documentary evidence is placed before the Tribunal or before this Court to prove the negligence on the part of the injured-claimant. - 7 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 7. Learned counsel contended that the Tribunal is not justified in awarding a meager compensation. According to him, the Tribunal has failed to consider the proper income of the injured-claimant, so also, not awarded just compensation under different heads. Accordingly, he prays for allowing the MFA Crob No.27/2026. 8. I have given my anxious consideration both on the submissions made by learned counsel for the parties and perused the evidence and documents available on record. 9. As could be gathered from records, the accident in question and the claimant sustaining injuries due to the said accident are not in dispute. The contention raised by the learned counsel appearing for the appellant - KSRTC that the injured-claimant also equally contributed negligence for the cause of accident is concerned, on careful perusal of the documents, immediately after the - 8 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 accident, FIR came to be registered as per Ex.P1 by the jurisdictional Police against the driver of KSRTC bus. 10. Later, after investigating the case, the Police laid charge sheet against the driver of KSRTC bus. In the charge sheet, it is categorically stated that the driver of KSRTC bus came in a rash and negligent manner and dashed against the rider of TVS-XL, i.e., the injured- claimant. The evidence of PW1 also clearly reveals that the accident was caused due to the negligence of the driver of the KSRTC bus. Though he has been cross- examined by the learned counsel for the KSRTC, nothing worthwhile has been elicited from his mouth to discard his testimony. 11. Further, though the driver of the KSRTC bus has been examined, his evidence also does not establish the fact that the injured-claimant had contributed negligence for the occurrence of the accident. The KSRTC has not challenged charge sheet seriously before the - 9 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 jurisdictional Court. Moreover, there is no such document placed by the KSRTC to disprove the charge sheet filed by the Police as per Exhibit P3. This aspect of the matter is dealt in detail by the Tribunal. Therefore, I find no good reasons/grounds to interfere in the said finding of the Tribunal that the accident was caused due to the sole negligence of the driver of the KSRTC. 12. As far as the compensation awarded by the Tribunal is concerned, the accident is of the year 2015. The Tribunal has taken the notional income of the injured- claimant at Rs.10,000/- per month. Admittedly, the injured failed to place any reliable document to prove his income. In such circumstances, the Tribunal ought to have taken the income of the injured as per KSLSA chart, which is at Rs.9,000/- for the relevant year. Since the injured was aged about 24 years, the appropriate multiplier would be '18'. The DW2-doctor who treated the injured, assessed disability of the injured-claimant at 12% to the whole body. The medical report, wound certificate - 10 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 and the discharge summary depict that the injured had sustained the following injuries: "a) Malunion of fracture of left tibial condyle. b) Restriction of left knee movements with varus dfomity. c) Difficulty in walking over irregular surfaces, climbing stairs, squatting." Upon considering the injuries sustained by the claimant so also considering the evidence of PW2-doctor, in my considered view, the Tribunal has rightly taken the disability at the rate of 12% to the whole body which requires no interference. 13. As such, the claimant is entitled for a sum of on the head of 'future loss of income' at Rs.2,33,280/- (Rs.9000 x12x18 x12%) as against Rs.2,59,200/- awarded by the Tribunal. 14. The Tribunal awarded a sum of Rs.50,000/- on the head of 'pain, shock and suffering' by considering the - 11 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 nature of injuries, the same also does not require any interference by this Court. 15. Further, the Tribunal awarded a sum of Rs.25,000/- on the head 'Loss of amenities of life and unhappiness' considering the long lasting effect of the injuries such that, the said sum also does not call for any interference. 16. A sum of Rs.20,000/- is awarded under head of 'medical treatment, convenience and nourishment' as against Rs.14,800/- awarded by the Tribunal. 17. However, the Tribunal granted Rs.10,000/- on the head of 'Loss of earning during laid up period' for three months which has to be enhanced for a sum of Rs.27,000/- (Rs.9,000/-x 3 months). 18. The Tribunal awarded Rs.5,000/- towards 'Attendant charges', which also does not require any interference. - 12 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 19. 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 2,59,000/- 2,33,280/- 3. Loss of amenities of life and unhappiness 25,000/- 25,000/- 4. Medical treatment, conveyance and nourishment 14,800/- 20,000/- 5. Loss of income during the period of treatment 10,000/- 27,000/- 6. Attendant charges 5,000/- 5,000/- Total 3,64,000/- Rs.3,60,280/- - 13 - HC-KAR CNR: KAHC010165542020 NC: 2026:KHC:39980 MFA No. 3025 of 2020 C/W MFA.CROB No. 27 of 2026 Thus, the claimant-injured is entitled for a total sum of Rs.3,60,280/- as against Rs.3,64,000/- with 6% interest. Accordingly, both MFA No.3025/2020 and MFA.Crob No.27/2026 stand disposed of. The amount in deposit shall be transmitted to the Tribunal. Sd/- (RAJESH RAI K) JUDGE BSV List No.: 1 Sl No.: 27