- 1 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4695 OF 2024 (MV-I) BETWEEN: GIRIJAMMA W/O HALAPPA, AGE 62 YEARS, OCC: HOUSE KEEPING AND COLLIE WORK, R/O MAIN ROAD, TOPENAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT, R/O DOOR NO.2360/630, 1ST MAIN, 1ST CROSS, CHIKKAMMANI DEVARAJA, ARASA BADAVANE, NEAR SIDDARAMESHWARA TEMPLE, DAVANAGERE – 577 001. …APPELLANT (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. R. RUDRESH S/O RAMANAIKA, AGED ABOUT 42 YEARS, DRIVER OF KSRTC BUS BEARING NO.KA-42/F-1946, R/O LINGADAHALLI VILLAGE, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 DAVANAGERE TALUK AND DISTRICT – 577 002. 2. THE MANAGING DIRECTOR KSRTC DAVANAGERE DIVISION, DAVANAGERE. 3. THE CHAIRMAN KSRTC INTERNAL SECURITY FUND, R/O SARIGE BHAVANA, SHANTHI NAGARA, K.H. ROAD, BENGALURU – 560 027. …RESPONDENTS (BY SRI. HALEEMA AMEEN, ADVOCATE FOR R3; V/O DT: 14.10.2025 NOTICE TO R1 & R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2023 PASSED IN MVC NO.410/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-VI, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 - 3 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 challenging the judgment and award dated 28.11.2023 in MVC No.410/2022 (common award in MVC No.409/2022 c/w MVC No.410/2022) on the file of II Additional Senior Civil Judge and Additional MACT-VI, at Davanagere, seeking enhancement of compensation. 2. Heard the arguments of learned counsel on both sides. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that, on 29.03.2022 at about 2.35 p.m. petitioner/injured was traveling in a KSRTC bus bearing No.KA-42/F-1946 from Tholahunase Village towards Davanagere, the respondent No.1 being driver of the bus drove the vehicle in a rash and negligent manner, due to which the tyre burst at the left side back wheel. Due to the said accident, petitioner/injured sustained injuries to her left leg and various parts of her body and immediately, she is taken to hospital. The petitioner/injured filed claim petition claiming compensation of Rs.5,00,000/-. The Tribunal considering - 4 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 the entire evidence on record granted an amount of Rs.2,15,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said award, this appeal is preferred. 4. Learned counsel for the appellant/claimant mainly contended that the petitioner/injured was aged 60 years at the time of the accident and was hospitalized for 10 days and the amount granted under other heads are meagre. The petitioner examined the doctor as PW.3, who assessed the disability to the lower limb to an extent of 20 to 25% but the Tribunal has taken the disability as 7% and thus, requested for enhancement of the compensation. 5. Learned counsel for the respondent No.1/Insurance Company stated that the Tribunal has rightly considered all the aspects and granted reasonable compensation and further stated that she was earning Rs.10,000/- per month but the Tribunal has taken her income as Rs.14,500/- per month. It is further stated that - 5 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 she was doing agricultural work but has not produced any income proof. As per the settled law, whenever there is no income proof, this Court is relying upon the chart prepared by the Karnataka State Legal Services Authority. As she met with an accident in the year 2022, her notional income is to be taken as Rs.15,500/- per month. She was aged 65 years and the applicable multiplier is '7'. 6. PW.3 is the doctor and as per Disability certificate at Ex.P7 and wound certificate at Ex.P10, the petitioner/injured sustained following injuries: "Diffuse swelling present ® leg Swelling - worn & tender Deformity of ® leg present Tenders on -M/3 - leg As per Radiological evaluation, she sustained the following injury: Showed # M/3 ® tibia 7. PW.3 the doctor has assessed the disability for right lower limb as 20-22%. Therefore, the Tribunal has - 6 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 rightly assessed the disability to the whole body as 7%, which needs no interference and the loss of future earning capacity comes to Rs.91,140/- (Rs.15,500/- x 12 x 7 x 7%). 8. The petitioner/injured has incurred Rs.89,267/- towards medical expenses and as per the relevant documents, it is confirmed. She was hospitalized for a period of 6 days. Considering the nature of injuries, age of the petitioner/injured and period of hospitalization, this Court finds it reasonable to grant an amount of Rs.25,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges and she might not have attended any other work at least for a period of 3 months. Therefore, Rs.46,500/- (Rs.15,500/- x 3) is granted under the head loss of income during laid up period. 9. Thus in all, compensation awarded by this Court are as below: - 7 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 Pain and Suffering : Rs. 25,000/- Loss of Amenities : Rs. 20,000/- Medical expenses : Rs. 89,267/- Towards transportation, extra nourishment and attendant charges : Rs. 30,000/- Loss of income during laid up period : Rs. 46,500/- Loss of future earning capacity : Rs. 91,140/- TOTAL : Rs. 3,01,907/- Hence, the appellant-claimant is entitled for a total compensation of Rs.3,01,907/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 18.03.2024 passed in MVC No.5437/2022 by III Addl. Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-19), is modified. - 8 - HC-KAR NC: 2026:KHC:12991 MFA No. 4695 of 2024 iii. The claimant is entitled for a sum of Rs.3,01,907/- along with interest at 6% p.a. as from the date of petition till the date of realization, instead of Rs.2,15,000/- granted by the Tribunal. iv. Respondent No.3/Insurance Company has deposited the award amount before the Tribunal and they are directed to deposit the enhanced compensation of Rs.86,907/- with interest at the rate of 6% p.a., within one month from the date of receipt of the certified copy of this order. v. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. The claimant is not entitled for interest for the delayed period of 153 days as per orders on I.A.No.1/2024 dated 14.10.2025 Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 69