- 1 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7604 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7616 OF 2024 (MV-I) IN MFA No. 7604/2024 BETWEEN: SRI. SANNA C S/O SRI CHIKKAMADA AGED ABOUT 35 YEARS, R/AT NO.29, RACHPPAJINAGARA, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT. …APPELLANT (BY SRI. JAGADEESH H T., ADVOCATE) AND: THE MANAGER, K.S.R.T.C. SHANTHINAGAR, DOUBLE ROAD, BENGALURU-01. …RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2023 PASSED IN MVC NO. 7414/2018 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 7616/2024 BETWEEN: SRI. SINCHANA @ RUDRAMMA D/O CHANNANJEGOWDA AGED ABOUT 30 YEARS, R/AT NO.15, K DEVARAHALLI MAIN ROAD, YARAGAMBALLI YELANDUR TALUK-571 441 CHAMARJANAGARA DISTRICT ...APPELLANT (BY SRI. JAGADEESH H T.,ADVOCATE) AND: THE MANAGER K.S.R.T.C. SHANTHINAGAR DOUBLE ROAD BENGALURU-01 ...RESPONDENT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.27.03.2023 PASSED IN MVC NO.7414/2018 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU SCCH-16 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING - 3 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT In MFA No. 7604 of 2024 Tribunal passed common award in MVC No.7414/2018 and MVC No.7415/2018. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 27.03.2023 passed in MVC No.7414/2018 on the file of the X Addl. Judge, Court of Small Causes and Member, MACT, Bengaluru for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 23.10.2018 and filed claim petition claiming compensation of Rs.25,00,000/. The Tribunal considering the entire evidence on record granted an amount of Rs.10, 80,200/- with interest at the rate of 6% p.a., from the date of petition till realization. - 4 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 4. Aggrieved by the said order, the petitioner preferred an appeal and mainly contended that the Tribunal granted meager amounts under the various heads. Petitioner stated that he was working as a supplier and cook and was earning Rs.15,000/- per month. But he has not filed any income proof. He met with an accident in the year 2018. His notional income was rightly considered as Rs.12,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority and he was aged 27 years and the relevant multiplier to be taken is ‘17’. The petitioner examined doctor as PW3 and as per Ex.P11/Wound Certificate, petitioner sustained 1) right leg ankle joint fractured, 2) right leg knee joint fractured with creptius, 3) abrasion over right forearm 10x8 cms with creptius and 4) abrasion over right hand little finger 2x1 cm. As per the same, above said injury No.1 to 3 are grievous and injury No.4 is simple in nature. Discharge summaries, which are at Ex.P1 and Ex.P2 show that the petitioner had taken treatment as an inpatient for a period of 25 days and also underwent surgery. PW3/Orthopedic surgeon assessed the disability of the right lower limb as 58%, right arm at 39% and the whole body as 27%. It is stated that he is not a treated doctor. But the doctor - 5 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 stated that he requires one more surgery for removal of the implants. The Tribunal observed that the assessment of disability before removal of implants is excessive, premature and considered the whole body disability as 20%. But considering the medical evidence on record, this Court finds it reasonable to take the disability as 22%. As the disability is more than 20%, petitioner is entitled for future prospects as per the citation reported in New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others in case of M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 dated 27.05.2022. Petitioner was aged 27 years and he is entitled for 40% towards future prospects. Hence, loss of future earning capacity is calculated as follows, Rs.12,500 + 40% X 12 X 17 X 22% = Rs.7,85,400/-. The Tribunal granted reasonable amounts under the other heads i.e, pain and suffering and loss of income during laid up period of Rs.1,75,000/-, transportation, extra nourishment and attendant charges for Rs.40,000/-, loss of amenities for an amount of Rs.1,00,000/- and future medical expenses of Rs.20,000/- and this Court finds no reason to interfere with the said amounts. Also, Tribunal granted Rs.2,35,195/- - 6 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 towards medical expenses, as per Exs.P4, P5, P14 and P15 the said amounts are confirmed. 5. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.10,80,195/- to Rs.13,55,595/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 7,85,400 2 Pain and suffering and loss of income during laid up period 1,75,000 3 Loss of amenities 40,000 4 Transportation, extra nourishment and attendant charges. 1,00,000 6 Future Medical expenses 20,000 7 Medical bills 2,35,195 Total 13,55,595 - 7 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 ii. The judgment and award dated 27.03.2023 passed in MVC No.7414/2018 on the file of the X Addl. Judge, Court of Small Causes and Member, MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs. 13,55,595/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 10,80,195/- granted by the tribunal. iv. Respondent/KSRTC has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.2,75,400/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 29.10.2025, the delay of 511 days is condoned by this Court on the condition that the claimant will not be entitled for the interest - 8 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delayed period. In MFA No. 7616 of 2024 7. Tribunal passed common award in MVC No.7414/2018 and MVC No.7415/2018. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 27.03.2023 passed in MVC No.7415/2018 on the file of the X Addl. Judge, Court of Small Causes and Member, MACT, Bengaluru for enhancing the compensation. 8. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 9. The injured claimant met with an accident on 23.10.2018 and filed claim petition claiming compensation of Rs.25,00,000/-. But the Tribunal considering the entire evidence on record granted an amount of Rs.17,17,500/- with interest at the rate of 6% p.a., from date of petition till realisation. - 9 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 10. Aggrieved by the said order, he preferred an appeal and mainly contended that the Tribunal has not granted any reasonable amounts under the other heads. Therefore, requested for enhancement of the compensation. 11. The petitioner stated that she was working as a coolie and earning Rs.15,000/- per month she has not filed any income. As she met with an accident in the year 2018 her notional income is to be taken as Rs.12,500/- per month. She was aged 23 and the relevant multiplier to be taken is 18. The Petitioner filed wound certificate under Ex.P17 and she sustained 1) right ear bleeding, 2) nose bleeding, 3) frontal area abrasion and 4) head injury. According to it the above said injury No.1 to 3 are simple and injury No.4 is grievous in nature. She filed discharge summary under Ex. P18. As per the discharge summary, she was inpatient for 72 days in ESI Hospital. She also examined Doctor as PW4 Neuro Physician, rehabilitation/mental health and he assessed the disability of the petitioner as 64.66%. The Tribunal rightly considered the disability as 32.33%. This Court finds no reason to interfere with the said disability. As disability is more than 20%, the - 10 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 petitioner is entitled for future prospects as per the citation reported New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022). As she was aged 23 years she is entitled for 40% towards future prospects. Loss of future earning capacity comes to Rs.12,500 + 40% X 12 X 18 X 32.33% = Rs.12,22,074/-. The Tribunal granted reasonable amounts under the other heads i.e, pain and suffering of Rs.2,75,000/- , transportation, extra nourishment and attendant charges for Rs.75,000/-, loss of future amenities for an amount of Rs.1,50,000/- and this Court finds no reason to interfere with the said amounts. Also, Tribunal granted Rs.3,44,609/- towards medical expenses, as per Exs.P4, P5, P14 and P15 the said amounts are confirmed. 12. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 12,22,074 2 Pain and suffering & Loss of income during laid down period 2,75,000 - 11 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.17,17,465/- to Rs. 20,66,683/- along with interest at the rate of 6% p.a. 13. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 27.03.2023 passed in MVC No.7415/2018 on the file of the X Addl. Judge, Court of Small Causes and Member, MACT, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.20,66,683/- along with interest at 6% p.a., from the date of petition till the date of 3 Loss of amenities 1,50,000 4 Transportation, extra nourishment and attendant charges. 75,000 6 Medical bills 3,44,609 Total 20,66,683 - 12 - HC-KAR NC: 2026:KHC:22295 MFA No. 7604 of 2024 C/W MFA No. 7616 of 2024 realization, instead of Rs. 17,17,465/- granted by the tribunal. iv. Respondent/KSRTC has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.3,49,218/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 67