- 1 - HC-KAR NC: 2026:KHC:15720 M.F.A. No.4433/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4433/2020 (MV-I) BETWEEN: B. SHANTHARAJU S/O BASAVASHETTY AGED ABOUT 36 YEARS R/AT MANGALA VILLAGE CHAMARAJANAGAR TQ AND DISTRICT-571441. …APPELLANT (BY SRI. SREENIVASAN M.Y. ADV.,) AND: THE DIVISIONAL CONTROLLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF KSRTC, K.H. DOUBLE ROAD SHANTHINAGARA BENGALURU-560027. …RESPONDENT (BY SMT. RADHA B.P. ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2020 PASSED IN MVC NO.267/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15720 M.F.A. No.4433/2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 02.01.2020 passed in MVC.No.267/2015 by the Senior Civil Judge and CJM, Chamarajanagar, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Sreenivasan M.Y., learned counsel appearing for the appellant-injured and Smt.Radha B.P., learned counsel appearing for the respondent-Corporation and perused the material available on record. 4. This appeal is filed by the injured-claimant seeking higher compensation under the head of pain and suffering and contending that the Tribunal has not awarded any compensation under the head of loss of - 3 - HC-KAR NC: 2026:KHC:15720 M.F.A. No.4433/2020 amenities in life. The appeal is opposed by the respondent-corporation contending that the award of compensation by the Tribunal is just and proper as the Tribunal has awarded higher compensation under the head of loss of earnings during the treatment, which can be adjusted towards the loss of amenities. 5. The parties to proceedings do not dispute that the appellant-claimant sustained injuries in a road accident dated 11.06.2025 and he was provided treatment at JSS Hospital, Mysuru, as is evident from Ex.P9 discharge summary and inpatient records as per Ex.P8. The medical evidence on record as well as the oral testimony of PW2 indicate that the appellant was inpatient for a period of 29 days and undergone treatment. Considering the aforesaid evidence, I am of the considered view that the compensation of Rs.40,000/- is required to be awarded under the head of pain and suffering as against Rs.25,000/- awarded by the Tribunal, thus, it is enhanced by Rs.15,000/- (Rs.40,000-25,000) and the - 4 - HC-KAR NC: 2026:KHC:15720 M.F.A. No.4433/2020 compensation of Rs.50,000/- is required to be awarded under the head of loss of amenities. Insofar as the award of compensation by the Tribunal under other heads is concerned, the same remains unaltered. Thus, appellant is entitled to additional compensation of Rs.65,000/- (Rs.15,000+Rs.50,000) along with interest at the rate of 6% per annum from the date of petition till realization in addition to what has been awarded by the Tribunal. 6. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. The respondent-corporation shall deposit the additional compensation of Rs.65,000/- with interest at 6% per annum from the date of petition till realization. On such deposit, the additional compensation amount shall be released in favour of the appellant-claimant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 1 Sl No.: 19