Karnataka High Court
The Divisional Controller vs Raju on 21 July, 2025
-1-
NC: 2025:KHC:27300
MFA No. 6137 of 2017
C/W MFA No. 5573 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 6137 OF 2017 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5573 OF 2017 (MV-I)
IN MFA No. 6137/2017
BETWEEN:
RAJU
S/O LATE CHIKKANDAIAH,
AGED ABOUT 36 YEARS,
R/O BOKKAHAHALLI, VILLAGE,
CHIKKIANACHATRA HOBLI,
NANJANGUD TALUK
...APPELLANT
(BY SMT. B N MANJULA, ADVOCATE FOR
SRI. NAGARAJ R C, ADVOCATE)
Digitally AND:
signed by
NIRMALA 1. RAVI KUMAR B D
DEVI S/O DASAIAH,
Location: AGED ABOUT 32 YEARS,
HIGH R/O BANNIKUPPE VILLAGE,
COURT OF HUNSUR TALUK,
KARNATAKA MYSURU DISTRICT
2. THE DIVISIONAL CONTROLLER
KSRTC, CHAMARAJANAGAR DEPOT,
CHAMARAJANAGAR
...RESPONDENTS
(BY SRI. F S DABALI, ADVOCATE FOR R2
R1 IS SERVED)
-2-
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MFA No. 6137 of 2017
C/W MFA No. 5573 of 2017
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.01.2017 PASSED IN MVC
NO.730/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C., AT NANJANGUD. PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC.
IN MFA NO. 5573/2017
BETWEEN:
THE DIVISIONAL CONTROLLER
KSRTC, CHAMARAJANAGARA DEPOT,
CHAMARAJANAGARA 571313
NOW BY THE MANAGING DIRECTOR,
K S R T C ., CENTRAL OFFICE,
K H ROAD, SHANTHINAGAR,
BANGALORE 560027
REPRESENTED BY ITS CHIEF LAW OFFICER
...APPELLANT
(BY SRI. F S DABALI, ADVOCATE)
AND:
1. RAJU
S/O LATE CHIKKANDAIAH
AGED ABOUT 36 YEARS,
BOOKKAHALLI VILLAGE
CHIKKIANACHATRA HOBLI,
NANJANGUD TALUK,
MYSURU DISTRICT 571301
2. RAVIKUMAR B D
S/O DASAIAH
AGED ABOUT 32 YEARS,
BANNIKUPPE VILLAGE , HUNSUR TALUK
MYSURU DISTRICT 571313
DRIVER OF KSRTC BUS BEARING
REGISTRATION NO.KA-10-F-0152
...RESPONDENTS
(BY SMT B N MANJULA, ADVOCATE FOR
SRI. R C NAGARAJ, ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH V/O DTD 20.2.2018)
-3-
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MFA No. 6137 of 2017
C/W MFA No. 5573 of 2017
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.01.2017 PASSED IN MVC
NO.730/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C. AND MOTOR ACCIDENT COMPENSATION TRIBUNAL,
NANJANGUD, AWARDING COMPENSATION OF RS.3,65,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITIONS TILL ITS
DEPOSIT AND ETC.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The above appeals are filed under Section 173(1) of the
Motor Vehicles Act, 19881 challenging the judgment and award
dated 25.01.2017 passed in MVC No.730/2015 by the Senior
Civil Judge and JMFC., and Motor Accident Compensation
Tribunal, Nanjangud2 seeking for enhancement of
compensation.
2. The Tribunal by its judgment and award dated
25.01.2017 partly allowed the claim petition and awarded a
total compensation of `3,65,000/- together with interest 6%
per annum. Being aggrieved, the claimant has preferred MFA
No.6137/2017 seeking for enhancement of compensation and
the owner of the bus/Karnataka State Road Transport
Hereinafter referred as to 'Act'
Hereinafter referred to as the 'Tribunal'
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Corporation3 has preferred MFA No.5573/2017 contending that
the compensation awarded is excessive.
3. The findings of the Tribunal on negligence and liability are
not under challenge and have attained finality. The only
question to be adjudicated in the above appeal is with regard to
the adequacy of compensation awarded by the Tribunal.
4. Heard the submissions of learned counsel
Smt. B.N. Manjula, appearing for Sri Nagaraj R.C., for the
appellant/ claimant and learned counsel Sri F.S. Dabali,
appearing for the respondent No.2. Perused the records
including the records of the Tribunal.
5. The claimant was aged 34 years as on the date of the
accident i.e., on 04.05.2015. The claimant is stated to have
been employed in Reid and Taylor Factory and was earning a
monthly income of `18,000/-. The Tribunal noticing the salary
slip (Ex.P8) has noticed the total income stipulated therein as
`16,500/- and the net payment as `13,560/-, has assessed the
monthly income at `13,500/-.
Hereinafter referred to as the 'KSRTC'
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6. It is forthcoming from the wound certificate (Ex.P6),
inpatient documents (Ex.P58) and OPD records (Ex.P57), the
claimant has sustained fracture of left tibia. The Doctor (PW.2)
has deposed that a surgery has been done and ORID with inter
locking nail as also bone grafting has been done. PW.2
assessed the disability to the left lower limb at 60% and further
deposed that implant to the left leg needs to be removed
which costs about `30,000/-. The Tribunal has re-assessed the
disability at 10%, applied the multiplier of '16' and calculated
the loss of future earning capacity.
7. It is the vehement contention of the KSRTC that the
claimant having been employed, as averred in the claim
petition, the question of awarding towards future earning
/disability does not arise.
8. Per contra, learned counsel for the claimant contended
that PW.1 has deposed that he is not working, having regard to
the injuries sustained in the accident.
9. In this context, it is pertinent to note here that the
claimant has produced his salary slip (Ex.P8) to prove his
income. The claimant has not produced any document from his
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employer to place on record that his employment has been
terminated due to the injuries caused in the accident. Having
regard to the same, the Tribunal erred in awarding
compensation towards loss of earning due to disability in a
sum of `2,59,200/-.
10. Hence, the compensation is re-assessed as follows:
10.1 Having regard to the nature of injuries sustained and the
period of treatment, the compensation towards pain and
suffering is re-assessed as `60,00/- as against `50,000/-
awarded by the Tribunal;
10.2 The Tribunal has noticed that the claimant has produced
medical bills (Ex.P9 to P17) to a sum of `4,266/-. It is noticed
that on the inpatient file (Ex.P58), the word 'ESI' has been
mentioned. The Tribunal has awarded a total sum of `10,000/-
towards medical expenses including diet, nourishment,
attendant charges etc. Upon a re-appreciation of the material
on record, it is just and proper that the said compensation
towards medical expenses including diet nourishment,
attendant charges be re-assessed as `20,000/-;
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10.3 Although a finding has been recorded that the
compensation awarded by the Tribunal towards loss of earning
due to disability is required to be set aside, admittedly, the
claimant has sustained grievous injuries and the Doctor has
assessed the disability to the lower limb to the extent of 60%.
Having regard to the nature of injuries and the resultant
disability, it is just and proper to re-assess the compensation
towards loss of amenities as `75,000/- as against `20,000/-
awarded by the Tribunal;
10.4 The Doctor has deposed that the claimant will require
one more surgery for removal of implant which will cost
`30,000/-. Hence, loss of future medical expenses is re-
assessed as `30,000/- as against `25,000/- awarded by the
Tribunal.
11. Taking judicial notice of the interest payable towards
fixed deposits, it is just and proper to award interest at the rate
of 7% p.a., on the compensation as re-assessed by this Court.
12. In view of the aforementioned, the compensation is re-
assessed as follows:
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Sl.No Compensation Head Amount Amount awarded
Awarded by the by this Court (`)
Tribunal (`)
1 Pain and sufferings 50,000.00 60,000.00
2 Medical expenses 10,000.00 20,000.00
(including diet,
nourishment, attendant
charges etc.,
3 Future medical expenses 25,000.00 30,000.00
disability
5 Loss of amenities 20,000.00 75,000.00
Total 3,65,000.00 1,85,000.00
13. Accordingly, the claimant is entitled to total compensation
of `1,85,000/-.
14. In view of the aforementioned, the following:
ORDER
i) The appeals are allowed in part;
ii) The judgment and award dated 25.01.2017
passed in MVC No.730/2015 by the Senior Civil
Judge and JMFC., and Motor Accident
Compensation Tribunal, Nanjangud is hereby
modified to the extent of holding that the
claimant shall be entitled to a total
compensation of `1,85,000/- together with
interest @ 7% per annum.
iii) In all other respects, the judgment and award
of the Tribunal remains unaltered;
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iv) The amount deposited by the appellant in MFA
No.5573/2017 together with records be
transmitted to the Tribunal;
v) The appellant in MFA No.5573/2017
(Respondent No.2 before the Tribunal) shall
deposit the balance amount together with
accrued interest before the Tribunal within six
weeks. In the event, the amount deposed is in
excess of the compensation re-assessed, the
excess amount, if any, be refunded to the
appellant in MFA No.5573/2017 (respondent
No.2 before the Tribunal);
vi) Upon such deposit, the entire compensation
together with interest accrued thereupon be
disbursed to the claimant;
vii) The Registry to draw the modified award
accordingly;
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
