- 1 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8729 OF 2022(MV-I) C/W MFA CROSS OBJECTION NO.91 OF 2023(MV-I) IN MFA NO.8729/2022 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION BENGALURU CENTRAL OFFICE K. H. ROAD, SHANTHINAGAR BENGLAURU-560 027 BY ITS MANAGING DIRECTOR REPRESENTED BY ITS CHIEF LAW OFFICER …APPELLANT (BY SMT. RENUKA H. R., ADVOCATE) AND: MADHAN KUMAR C. S/O. C. V. CHIDANANDA MURTY AGED ABOUT 52 YEARS R/O. AT SRI LAKSHMI, 2ND CROSS VIDYANAGARA, KUVEMPUNAGARA TUMKUR-572 103. …RESPONDENT (BY SRI K. R. LINGARAJU, ADVOCATE) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.07.2022 PASSED IN MVC NO.1532/2019 ON THE FILE OF THE MEMBER, MOTOR Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 ACCIDENT CLAIMS TRIBUNAL, XXI ADDITIONAL JUDGE OF SMALL CAUSES COURT AND A.C.M.M., BENGALURU (SCCH-23), AWARDING COMPENSATION OF RS. 8,97,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION OF THE ENTIRE AWARD AMOUNT. IN MFA.CROB NO. 91/2023 BETWEEN: SRI MADHAN KUMAR C. S/O. C. V. CHIDANANDA MURTY AGED ABOUT 54 YEARS R/O. AT SRI LAKSHMI, 2ND CROSS VIDYANAGARA, KUVEMPUNAGARA TUMKUR-572 103. …CROSS OBJECTOR (BY SRI K. R. LINGARAJU, ADVOCATE) AND: THE MANAGING DIRECTOR KSRTC, BENGALURU CENTRAL OFFICE K. H. ROAD, SHANTHINAGARA BENGALURU-560 027 ...RESPONDENT (BY SMT. RENUKA H. R., ADVOCATE) THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.07.2022 PASSED IN MVC.NO.1532/2019 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL AND MFA CROB. ARE COMING ON FOR PART HEARD IN ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Ms.H.R.Renuka, learned counsel for the appellant in MFA No.8729/2022, who is also representing the respondent in MFA.CROB No.91/2023. Also heard Sri. K.R.Lingaraju, learned counsel for the respondent in MFA No.8729/2022, who is also appearing for the appellant in MFA.CROB No.91/2023. 2. These two appeals are the outcome of the order that is rendered by the Motor Accident Claims Tribunal, Bangalore, in MVC No.1532/2019 dated 27.7.2022. While MFA No.8729/2022 is filed by Karnataka State Road Transport Corporation (hereinafter be referred to as the 'Corporation' for brevity) against which liability is fastened, MFA.CROB No.91/2023 is filed by the claimant seeking enhancement in compensation. 3. The manner of happening of accident as projected by the claimant before the Tribunal is that on 11.12.2013 at about 11.10 a.m. while he was driving a car - 4 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 bearing registration number KA.05 ME.5352 in front of one Venkatramana's house, Herur Village, Koppa Taluk, Chikkamangalur, the driver of KSRTC bus bearing Registration number KA.18 F.671 drove the bus in a rash and negligent manner, came from opposite direction and dashed against his car, due to which he fell down and sustained grievous injuries. 4. Making her submission with regard to merits of the matter, learned counsel who represents the Corporation contends that the driver of the bus was driving the bus slowly and cautiously on the left side of the road. However, the claimant drove his Toyota Innova car at a high speed and he could not negotiate the curve and thereby lost control over his vehicle and dashed against right side corner of the bus, due to which the accident occurred. Learned counsel submits that had the driver of the bus was at fault, entire front portion of the bus ought to have been damaged, but the documents produced by the claimant himself more particularly, the report of Motor - 5 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 Vehicle Inspector clearly discloses that only the right side corner of the bus was damaged, which itself goes to show that the claimant was at fault. Learned counsel also states that entire front portion of the car was damaged and the same is evident by the contents of the photographs which were produced and were got marked as Exs.R4 to R9. 5. So far as quantum is concerned the submission that is made by learned counsel who represents the Corporation is that the claimant has not sustained any monetary loss due to the accident occurred. However, the Tribunal granted exorbitant sum as compensation and therefore there may not be any scope for further enhancement. 6. Contradicting the submission thus made, learned counsel who represents the claimant submits that it is due to the negligence of the driver of the bus the accident occurred. After occurrence of accident, a complaint was given to police, basing on which police registered a case, investigated the case and finally filed - 6 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 charge sheet against the driver of the bus. Learned counsel submits that no action whatsoever was taken by police against the claimant as he was not at fault and therefore, the version of the Corporation should not be accepted. 7. Learned counsel for the claimant also contends that the claimant sustained multiple grievous injuries and took extensive treatment and thus the compensation granted is required to be enhanced. 8. The contents of Ex.P5 - Motor Vehicle Inspector's report reveals that the car and bus which are involved in the accident were examined and their mechanical condition was noted. So far as the car is concerned, the findings are that the rear portion of the left side fender dented, front bumper and bumper guard, radiator support assembly, bonnet, condenser, radiator fan, coolant tank, air filter assembly, brake booster assembly, front windscreen glass damaged, right side headlight, fender apron, glass post, mirror damaged, right - 7 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 side front wheel tyre and disc damaged, front portion of the roof, right side front door and door glass, centre post, rear door and door glass, quarter panel, screening board and front board damaged, dashboard assembly and its reinforcement, steering guard and column, cluster panel damaged and front cross bumper bent. 9. The findings insofar as the bus is concerned are that right side portion of the front windscreen glass, right side portion of front bumper, right side headlight and indicator damaged, front right side body shape and inner chambers damaged, lower portion of right side front side body found with scratches, damages to the front wheel found. 10. The aforementioned contents of the Motor Vehicle Inspector's report which is marked as Ex.P5 and which is relied upon by the claimant himself goes to show that when the car got damaged both right and left sides, damage to the bus is only on the right side portion. - 8 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 11. The findings given are subject to strict scrutiny in the light of the photographs produced by the Corporation which were got marked as Exs.R4 to R9. Also the contents of Ex.P4 - copy of spot sketch is taken into consideration. Having considered the contents of these documents, this Court is of the view that had the claimant who was driving his car was vigilant and had he negotiated the curve with diligence, there was possibility of preventing the accident to occur. Equally this Court is of the view that the driver of the Corporation who was driving a heavy vehicle should have taken care to observe the opposite coming vehicles by slightly slowing down his vehicle while negotiating the curve and thereby he would have paved way for the other vehicle coming in the opposite direction to pass safely. Thus, considering these aspects this Court is of the view that the contributory negligence that can be attributed to the claimant can be fixed to be 10%. - 9 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 12. So far as quantum of amount that is awarded as compensation is concerned, the version of the Corporation is that the amount awarded as compensation is excessive and on the other hand the contention of the claimant is that he is entitled to a higher sum. By the evidence that is brought on record as rightly perceived and observed by the Tribunal, it is clear that the claimant has not sustained any loss of earnings. The claimant who examined himself as PW1 during the course of cross- examination admitted that he is running his business even after the date of accident and he had employed six persons to work under him. Taking into consideration the nature of injuries sustained, the treatment taken and all allied factors, the Tribunal granted a sum of ₹1,50,000/- towards the disability sustained, ₹1,00,000/- towards loss of future amenities and happiness, ₹10,000/- towards attendant charges, extra nourishment and conveyance, ₹50,000/- towards pain and suffering, ₹4,37,000/- towards medical expenses and ₹1,50,000/- towards future - 10 - HC-KAR NC: 2026:KHC:3730 MFA No. 8729 of 2022 C/W MFA.CROB No. 91 of 2023 medical expenses totalling ₹8,97,000/-. Therefore, this Court is of the view that the said amount can neither be enhanced as sought by the claimant nor be decreased as requested by the Corporation. Thus, both the appeals are disposed of with the following ORDER i) The appeal in MFA No.8729/2022 is allowed in part. ii) As contributory negligence on part of the claimant is fixed as 10%, Corporation is liable to pay 90% of the sum that is awarded as compensation by the Tribunal to the claimant. iii) MFA.CROB No.91/2023 stands dismissed. iv) Amount if any in deposit be transmitted to the concerned Tribunal immediately. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 23