- 1 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3577 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 58 OF 2024 (MV-I) IN MFA No. 3577/2024 BETWEEN: THE MANAGING DIRECTOR KSRTC, K.H. ROAD, BANGALORE, REPRESENTED BY ITS CHIEF LAW OFFICER. …APPELLANT (BY SRI. SAMARTH PRAKASH, ADVOCATE) AND: SRI. SRINISAMURTHY S/O VENKATAPPA, AGED ABOUT 55 YEARS RESIDING AT NO.08, WARD NO 25, JALA MANGALA ROAD HANUMANTHANAGARA, RAMANAGARA TOWN AND DISTRICT. …RESPONDENT (BY SRI. S. RAJU, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.09.2023 PASSED IN MVC NO.23/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MACT, RAMANAGARA, AWARDING COMPENSATION OF RS.7,86,357/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 IN MFA NO. 58/2024 BETWEEN: SRI. SRINIVASAMURTHY S/O VENKATAPPA AGED ABOUT 60 YEARS, R/AT NO.08, WARD NO.25 JALAMANGALA ROAD HANUMANTHANAGARA RAMANAGARA TOWN RAMANAGARA DISTRICT. ...APPELLANT (BY SRI. S. RAJU, ADVOCATE) AND: THE MANAGING DIRECTOR KSRTC, R/BY MANAGING DIRECTOR KENGAL HANUMANTHAIAH ROAD BANGALORE, REP. BY DEPOT MANAGER KSRTC, RAMANAGARA DEPOT RAMANAGARA - 572 159. ...RESPONDENT (BY SRI. SAMARTH PRAKASH, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.09.2023 PASSED IN MVC NO.23/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 ORAL JUDGMENT MFA.No.3577/2024 is filed by the appellant, who is respondent before the tribunal and MFA.No.58/2024 is filed by the appellant, who is petitioner before the tribunal under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 11.09.2023 passed in MVC.No.23/2018 by the Additional M.A.C.T., and Principal Senior Civil Judge and C.J.M., Ramanagar, for dismissing the said order and seeking enhancement of compensation. 2. Heard the arguments of both learned counsel for parties. 3. The injured claimant met with an accident on 01.12.2017 and filed claim petition seeking compensation of Rs.1,00,00,000/-. The tribunal considering the evidence on record, granted an amount of Rs.7,86,357/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the appellant has preferred MFA.No.3577/2024 and mainly contend that there is delay of six(6) days in filing the complaint and no reasons are assigned for the delay. As per the Motor Vehicle Accident - 4 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 report, there is no damage to the bus. As such, the bus was not involved in the accident. The respondent/petitioner suffered only minor head injury with left temporal bust and it is simple in nature. But the tribunal has considered the disability and assessed the compensation in excessive as per the medical evidence and Ex.P2 - Wound Certificate. Though there is no major disability, the amount granted under other heads are excessive. Hence, the appellant/respondent requested for setting aside the judgment and award passed by the tribunal. 5. As per the evidence of the respondent/petitioner, the accident was took place on 01.12.2017 at about 07.30 p.m., while he was riding two wheeler bearing registration No.KA-42-U-6775 from Ijoor Circle towards Channapatna and reached near B.M.Road, opposite to Mini Vidhana Soudha, the driver of the KSRTC bus bearing registration No.KA-42-F-1109 came in rash and negligent manner and dashed the motor cycle, as a result of which, he fell down and sustained grievous injuries all over the body. The appellant/respondent has examined the driver of the bus as RW.1. RW.1 stated that the accident is not occurred due to his negligence. Charge sheet is - 5 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 filed against the driver of the bus after completion of the investigation. No eyewitness is examined either by the petitioner or by the respondent. The respondent/petitioner has filed relevant documents to show that the accident occurred only due to the rash and negligence of driver of the bus. Though it is denied by RW.1, he has not given any complaint immediately after the accident either to the police or to their higher Officer. Therefore, the tribunal has rightly considered that the accident occurred only due to the rash and negligence of driver of the bus bearing registration No.KA-42-F-1109 and fastened the liability on the KSRTC. Therefore, this Court finds no reason to interfere with the said order. 6. Against the said judgment and award, the appellant/petitioner has also preferred another appeal in MFA.No.58/2024 for enhancement of compensation. The appellant/petitioner claimed that the respondent/petitioner was aged about 50 years, earning Rs.60,000/- per month, but the tribunal has taken his income at Rs.11,000/- per month. The respondent/petitioner sustained grievous injuries and spent huge amount towards medical expenses, but the tribunal has - 6 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 granted meager amount under other heads. The doctor assessed the disability at 33.3%, but the tribunal has taken only 33% of disability to the whole body. Hence, the appellant/petitioner requested this Court to enhance the compensation. 7. Though the appellant/petitioner stated that the respondent was earning Rs.60,000/- per month as a mason contract, but he has not filed any income proof. As he met with an accident in the year 2017, the tribunal has rightly considered the notional income as Rs.11,000/-, which needs no interference. The petitioner was aged about 50 years, the multiplier is '13'. As per Ex.P2 - Wound Certificate, the appellant/petitioner sustained head injury of left temporal lobe, which is simple in nature. The appellant/petitioner examined by PW.2 - Dr.Sreedhara K.C. The doctor has assessed the whole body disability at 33.3% and stated that the appellant/petitioner sustained head injury. 8. Learned counsel for the appellant contended that the appellant met with an accident on 01.12.2017. As per medical evidence, he sustained the following injuries: - 7 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 "Head injury-B/L temporal contusion left and right with left burst temporal lobe. He underwent - Left temporal craniotomy + evacuation of left temporal contusion on 05/12/2017. No any H/O vomiting, seizure, limb weakness. No H/P any co-morbidities. He is complaining of headache, difficulty in lying on one side disturbed sleep, irritable, unable to tolerate sounds, irrelevant talk, poor judgment, excessive anger with family members and friends, on and off memory loss, Appetite - good, Self-care is intact. He was working as Mestri, presently not working due to pain. Studied upto SSLC. Craniotomy scar present - left fronto temporal region. Neuro psychological profile suggestive of Cognitive disability. CT scan done on 22/02/2023 at NIKARA Diagnostic centre; No acute intracranial hemorrhage/calvarial fracture. Focal gliotic changes in bilateral temporal lobes (left>right). Craniotomy in left fronto-temporo-parietal calvarium." 9. Therefore, disability assessed by the doctor to an extent of 33% is proper. The tribunal has rightly awarded the compensation of Rs.5,66,280/- (Rs.11,000/- X 12 X 13 X 33%) towards loss of future income, Rs.20,000/- towards food and nourishment and attendant charges, Rs.50,000/- towards pain and suffering and Rs.88,077/- towards medical expenses, - 8 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 Rs.20,000/- towards transportation charges, which needs no interference and is confirmed. 10. Considering the nature of the injuries and other relevant factors, Rs.25,000/- is to be granted towards Loss of Amenities. The Petitioner might not have attended any other work at least for a period of three(3) months. Therefore, Rs.33,000/- is to be granted towards Loss of Income during Laid Up Period. 11. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Loss of future earnings on account of permanent disabilty 5,66,280.00 Food and Nourishment and Attendant charges 20,000.00 Pain and suffering 50,000.00 Loss of income during laid up period 33,000.00 Medical Expenses 88,077.00 Transportation charges 20,000.00 Loss of amenities 25,000.00 Total 8,02,357.00 - 9 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 12. Hence, the appellant/petitioner is entitled for a total enhanced compensation of Rs.8,02,357/- along with interest at the rate of 6% per annum. 13. In the result, the following order is passed: ORDER i) MFA.No.3577/2024 is dismissed and MFA.No.58/2024 is allowed in-part. ii) The judgment and award dated 11.09.2023 passed in MVC.No.23/2018 by the Additional M.A.C.T., and Principal Senior Civil Judge and C.J.M., Ramanagar in MFA.No.58/2024 is modified. iii) The appellant/petitioner in MFA.No.58/2024 is entitled to a sum of Rs.8,02,357/- along with interest at the rate of 6% per annum against Rs.7,86,357/- granted by the tribunal from the date of petition till realization. - 10 - HC-KAR NC: 2026:KHC:6693 MFA No. 3577 of 2024 C/W MFA No. 58 of 2024 iv) As KSRTC has already deposited 50% of the compensation, it is directed to deposit the balance amount along with interest at the rate of 6% per annum within one month from the date of this order. v) On such deposit, the appellant/petitioner is permitted to withdraw the entire amount along with accrued interest on the same. vi) Amount in deposit is to be transferred to the Additional M.A.C.T., and Principal Senior Civil Judge and C.J.M., Ramanagar. Registry is directed to send back the records to Trial Court records forthwith. Sd/- (P SREE SUDHA) JUDGE PHM List No.: 1 Sl No.: 54