- 1 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8271 OF 2024 BETWEEN: THE MANAGER KSRTC, HOLENARASIPURA DEPOT, HOLENARASIPURA TALUK, HASSAN DISTRICT REP. BY CHIEF LAW OFFICER, K.H.ROAD, SHANTHINAGAR, BENGALURU- 560 027. …APPELLANT (BY SRI. G LAKSHMEESH RAO., ADVOCATE) AND: K. L. YOGANNA LATE LAKSHME GOWDA AGED ABOUT 48 YEARS, KSRTC DRIVER, KENCHANAHALLI VILLAGE, DUDDA HOBLI HASSAN TALUK, HASSAN DISTRICT- 573 118. …RESPONDENT (BY SRI. ANANDA H.J., ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.03.2024 PASSED IN MVC NO.1633/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN, AWARDING COMPENSATION OF RS.9,66,634/- WITH INTEREST AT 6 PERCENT P.A. ON AMOUNT OF RS.9,36,634/- (EXCEPT FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION FROM RESPONDENT. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. The Manager of KSRTC, preferred this appeal against the judgment and award of the tribunal passed in MVC.No.1633/2022 dated 06.03.2024 by the II Additional Senior Civil Judge and MACT., Hassan. 3. Injured -claimant aged 46 years, who is the driver of the KSTRC bus met with an accident on 24.09.2021 and filed a claim petition claiming compensation of Rs.5,00,000/-. The tribunal, considering the entire evidence on record, granted an amount of Rs.9,66,634/- with interest at the rate of 6% per annum from the date of petition till its realization. 4. Being aggrieved by the same Corporation mainly contended that the tribunal considered the - 3 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 disability and also income of the petitioner and applied the multiplier and granted loss of future income as Rs.5,04,015/-. But there is no evidence on record to show that he was unable to work and discontinued his employment. As such he is not entitled to any compensation. 5. Injured-claimant himself submitted a letter to the Corporation stating that he is fit to resume duty from 24.06.2022 and he is able to work properly along with a medical certificate and he also reported to duty. The amount granted under the head of loss of income during laid up period is excessive and needs to be modified. It was granted for 9 months and the said amount is Rs.2,49,381/- and it is to be reduced. The compensation granted under other heads is excessive and requested for reduction of the compensation. 6. Learned counsel for the respondent contended that the respondent is a driver working in the KSRTC and - 4 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 he could not attend his employment for a period of 9 months. In fact, he also surrendered his leave and got it encashed for 2 months for the months of February 2022 and March 2022. The tribunal rightly discussed all the facts in paragraph No.20 of the judgment and granted loss of income during laid up period for a period of 9 months and it needs no interference. 7. Learned counsel of the appellant/Corporation has filed IA.No.1/25 to receive the following additional documents i.e., Copy of the pay slip of Sri.K.L.Yoganna as on 01.07.2025, Copy of the medical certificate dated 22.06.2022 and copy of the letter dated 22.06.2022 addressed by claimant to the department. 8. Learned counsel of the appellant mainly relied upon the letter and medical certificate. The claimant has resumed to his duty and is continuing his work; as such, he is not entitled to loss of future earning capacity. As the documents are admitted, they are the documents - 5 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 submitted by the claimant himself to the department. This court finds it reasonable to allow the application and to receive the documents. 9. As per Ex.P4 wound certificate petitioner sustained the following injuries: 1. Pain, selling and deformity of leg 2. Pain and swelling of knee 3. Pain and swelling of back 4. Lacerated wound over knee 10. Injured/claimant also examined the doctor as PW2. He assessed the disability of the left lower limb as 35% and the tribunal has considered 1/3rd of the same as 11.66%. Admittedly, the injured/claimant did not attend to his duties from 24.09.2021 the date of accident, till his date of resuming the duty on 24.06.2022 due to the injuries sustained in the accident. 11. He was hospitalized for a period of 6 days. The tribunal has rightly considered all the aspects and granted amount of Rs.2,49,381/- towards loss of income during - 6 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 laid up period for a period of 9 months and it needs no interference. Tribunal also granted Rs.1,18,238/- as per the medical documents towards medical expenses and it is confirmed. 12. As per the evidence of the doctor, the fracture is slightly mal-united. But still the claimant himself stated that he can resume the duty and discharge his duty as a driver; therefore, considering the nature of injuries, period of hospitalization, occupation of the claimant, and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and sufferings as against Rs.50,000/-, Rs.30,000/- towards discomfort and loss of amenities as against Rs.10,000/-. Rs.30,000/- towards transportation, attendant charges, nourishment of food and conveyance as against Rs.5,000/-. The tribunal also granted Rs.30,000/- towards future medical expenses and it needs no interference. - 7 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 14. The total compensation comes to Rs.75,000/- + Rs.1,18,238/- + Rs.30,000/- + Rs.30,000/- + Rs.2,49,381/- + Rs.30,000/- = Rs.5,32,619/-. 15. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards Pain and sufferings 75,000.00 2. Medical expenses 1,18,238.00 3. Towards attendant charges, Nourishment of food and Conveyance 30,000.00 4. Towards discomfort and loss of amenities 30,000.00 5. Loss of income during laid up period 2,49,381.00 6. Future Medical Expenses 30,000.00 TOTAL 5,32,619/- 16. The Tribunal has awarded the compensation of Rs.9,66,634/- but the injured/claimant is entitled to total - 8 - HC-KAR NC: 2026:KHC:1265 MFA No. 8271 of 2024 compensation of Rs.5,32,619/-. Compensation is reduced from Rs.9,66,634/- to Rs.5,32,619/-. 17. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.1633/2022 dated 06.03.2024 by the II Additional Senior Civil Judge and M.A.C.T., Hassan is hereby modified holding that the claimant is entitled for reduced compensation of Rs.5,32,619/- along with interest @ 6% p.a. iii. Corporation - KSRTC is directed to deposit the compensation of Rs.5,32,619/- with interest within 1 month from the date of this order. On such deposit, Injured/claimant is permitted to withdraw the entire amount along with interest on the said amount. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK,List No.: 1 Sl No.: 87