- 1 - HC-KAR CNR: KAHC010215432026 NC: 2026:KHC:54440 MFA No. 2269 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2269 OF 2026 (MV-I) BETWEEN: MISS. SHILPA D/O DAYANANDA NAIKA @ DAYANANDA AGED 17 YEARS (THE APPELLANT BEING A MINOR IS REPRESENTED BY HER MOTHER NEXT FRIEND/ NATURAL GUARDIAN) MRS. SESAMMA W/O. DAYANANDA NAIKA @ DAYANANDA AGED ABOUT 41 YEARS, R/AT No.2-249/2, AGARANGADI HOUSE AJILAMOGARU POST, MANINALKUR BANTWAL TALUK, D.K. PIN-574 265. …APPELLANT (BY MISS. POOJAPARVATHI U, ADVOCATE FOR SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND: THE TRAFFIC CONTROLLER, KSRTC KAIKAMBA TALAPADY DEPOT B.MOODA VILLAGE, BANTWAL TALUK, D. K. REP BY ITS DIVISIONAL CONTROLLER Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010215432026 NC: 2026:KHC:54440 MFA No. 2269 of 2026 K.S.R.T.C., BEJAI MANGALURU D.K. PIN 575 004. …RESPONDENT (BY SMT. RENUKA H.R, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:7.1.2026 PASSED IN MVC No.419/2025 ON THE FILE OF THE MEMBER, MACT-III AND II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MACT, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 07.01.2026 passed in MVC No.419/2025 by the II Additional District Judge and Member, MACT-III, Dakshina Kannada, Mangaluru. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010215432026 NC: 2026:KHC:54440 MFA No. 2269 of 2026 learned counsel for appellant and learned counsel for respondent/KSRTC. 3. The appellant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident occurred on 23.09.2024 contending that the accident occurred due to rash and negligent driving of the driver of KSRTC bus bearing Regn.No.KA-19- F-3263. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation of Rs.50,000/- along with interest @ 6% p.a. from the date of petition till realization and directed respondent/KSRTC to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent/KSRTC. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010215432026 NC: 2026:KHC:54440 MFA No. 2269 of 2026 6. The accident occurred on 23.09.2024 and as on the date of accident the claimant was aged 16 years. The claimant has sustained one simple injury and one grievous injury. The said grievous injury is fracture of middle 1/3rd of left clavicle. Considering the said injuries, the claimant is entitled to pain and suffering in a sum of Rs.40,000/- and loss of amenities in a sum of Rs.25,000/-. Considering the said injuries, the claimant has to take rest and therefore, she is entitled loss of income during laid up period in a sum of Rs.17,000/-. 7. PW.2 – Doctor has stated that the claimant has to undergo surgery for removal of implants and considering the same, the claimant is entitled to future medical expenses of Rs.30,000/-. Apart from the medical expenses reimbursed by the KSRTC, the claimant has produced bills to the tune of Rs.3,683/-. Therefore, the claimant is entitled to said medical expenses of Rs.3,683/. The claimant has been admitted in the hospital for 07 days Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010215432026 NC: 2026:KHC:54440 MFA No. 2269 of 2026 and considering the same the claimant is entitled to attendant and conveyance charges, food and nourishment etc in a sum of Rs.7,000/- (Rs.1,000 x 7 days). 8. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 40,000/- 02. Loss of amenities 25,000/- 03. Loss of income during laid up period 17,000/- 04. Future medical expenses 30,000/- 05. Attendant, conveyance charges, food and nourishment etc. 7,000/- 06. Medical expenses 3,683/- Total 1,22,683/- 9. Considering the above aspects, the claimant is entitled to total compensation of Rs.1,22,683/- as against Rs.50,000/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.72,683/- with interest @ 6% p.a. from the date of petition till realization. Respondent/KSRTC is liable to pay the said enhanced compensation with interest. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010215432026 NC: 2026:KHC:54440 MFA No. 2269 of 2026 10. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.72,683/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent/KSRTC shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 34 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA