- 1 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1250 OF 2015(MV-I) BETWEEN: THE MANAGING DIRECTOR K.S.R.T.C, CENTRAL OFFICE, K.H ROAD, SHANTHINAGAR, BANGALORE-560 027. …APPELLANT (BY SRI. D VIJAYAKUMAR, ADVOCATE) AND: SRI. JEEVAN BABU S/O SRI VALLI BABU, AGED ABOUT 35 YEARS, R/AT NO.28/35, GANTAVUR, PALAMANER, CHITTORE DIST. ANDHRA PRADESH. …RESPONDENT (BY SRI. JAGADISH G, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:3.11.2014 PASSED IN MVC NO.4824/2013 ON THE FILE OF THE 22ND ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.5,12,494/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. Learned counsel for the appellant - KSRTC submits that the appeal i.e., MFA.No.4787/2015 filed by the respondent- claimant seeking enhancement of compensation was dismissed by this Court on 08.03.2016 itself. 2. This appeal is by the KSRTC against the judgment and award dated 03.11.2014 passed by the Tribunal in MVC No.4824/2012, which was filed by the respondent-claimant seeking compensation of Rs.10,00,000/- for the injuries sustained by him in the accident on 23.05.2012. 3. The Tribunal, on assessment of the evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and Sufferings 40,000 2. Medical expenses 1,47,094 3. Conveyance, attendant and nourishment expenses 20,000 - 3 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 4. Loss of earnings during the period of treatment 30,000 5. Loss of future earnings due to disability 2,30,400 6. Loss of amenities of life 25,000 7. Future Medical expenses 20,000 Total 3,57,640 4. Aggrieved by the aforesaid award, the KSRTC has preferred this appeal mainly contending that though PW.2 - Doctor has assessed the disability of the claimant as 50% to the left lower limb and 25% to the whole body, the Tribunal has taken the disability at 20%, which is excessive and the compensation awarded under other heads are also excessive. Therefore, he requested for reduction of amount of compensation awarded by the Tribunal. 5. Heard the learned counsel appearing for the appellant and perused the materials on record. - 4 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 6. It is seen from Ex.P3 - wound certificate that the claimant had sustained fracture of open type III b distal of left leg, which was grievous in nature. The claimant examined the Doctor as PW.2, who had assessed the disability at 50% to the left lower limb and 25% to the whole body. However, the Tribunal has assessed the disability at 20%, instead of taking 1/3rd of the same, which would be 17%. Thus, this Court finds it proper to modify the disability at 17% instead of 20%. 7. The Tribunal has rightly determined the notional income of the claimant at Rs.6,000/- based on the evidence produced before it and has rightly applied the multiplier as 16, since the claimant was aged 33 years as on the date of the accident. Thus, the claimant would be entitled to compensation at Rs.1,95,840/- (Rs.6,000/- X 12 X 16 X 17%) under the head loss of future earnings as against Rs.2,30,400/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 8. Having regard to the injuries sustained by the claimant and having regard to the period of hospitalization, the amounts awarded by the Tribunal under other heads are just and reasonable and do not require any interference at the hands of this Court. 9. 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 40,000 40,000 2. Medical expenses 1,47,094 1,47,094 3. Conveyance, attendant and nourishment expenses 20,000 20,000 4. Loss of earnings during the period of treatment 30,000 30,000 5. Loss of future earnings due to disability 2,30,400 1,95,840 - 6 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 6. Loss of amenities of life 25,000 25,000 7. Future Medical expenses 20,000 20,000 Total 5,12,494 4,77,934 10. Thus, the claimant is held entitled to the total compensation of Rs.4,77,934/- as against Rs.5,12,494/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 11. It is submitted that the KSRTC has already deposited 50% of the amount awarded by the Tribunal. Hence, the KSRTC is directed to deposit the balance amount of compensation awarded along with interest within a period of one month from today. On such deposit, the claimant is permitted to withdraw the same along with interest accrued on it. 12. The amount in deposit shall be transferred to the Tribunal. Draw the modified award accordingly. - 7 - HC-KAR NC: 2026:KHC:1928 MFA No. 1250 of 2015 The appeal is accordingly allowed in part. SD/- (P SREE SUDHA) JUDGE PKS List No.: 1 Sl No.: 80