Karnataka High Court

The Managing Director vs Shivanna on 23 July, 2025

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                                                              MFA No. 6515 of 2016
                                                           C/W MFA No. 642 of 2017

                      HC-KAR



                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 23RD DAY OF JULY, 2025

                                                BEFORE

                               THE HON'BLE MR. JUSTICE C.M. POONACHA

                        MISCELLANEOUS FIRST APPEAL NO.6515 OF 2016 (MV-I)
                                              C/W
                        MISCELLANEOUS FIRST APPEAL NO.642 OF 2017 (MV-I)

                      IN MFA No.6515/2016

                      BETWEEN:

                      THE MANAGING DIRECTOR,
                      KSRTC, K.H. ROAD,
                      SANTHI NAGAR,
                      BENGALURU DISTRICT.
                                                                        ...APPELLANT

                      (BY SRI ASHOK N. NAYAK, ADVOCATE)

                      AND:

                      SHIVANNA
                      S/O VADAREGOWDA,
BHARATHI              AGED ABOUT 36 YEARS,
HM                    R/O HOSA MALANGI,
Digitally signed by
                      KASABA HOBLI, KOLLEGALA TALUK,
BHARATHI H M
Location:
                      CHAMARAJANAGARA DISTRICT.
HIGHCOURT OF
KARNATAKA
DHARWAD BENCH
                      C/O SIDDARAMA
DHARWAD
                      S/O LATE MADAIAH,
                      SIDDARAMANAHUNDI,
                      MYSORE TALUK, MYSORE-570001.
                                                                      ...RESPONDENT

                      (BY SRI M. NAGESH, ADVOCATE)

                           THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
                      AGAINST THE JUDGMENT AND AWARD DATED 20.02.2016 PASSED
                      IN MVC NO.928/2014 ON THE FILE OF THE JUDGE, ADDITIONAL
                      COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MACT MYSURU,
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                                           NC: 2025:KHC:27851
                                        MFA No. 6515 of 2016
                                     C/W MFA No. 642 of 2017

HC-KAR



AWARDING A COMPENSATION OF `7,17,000/- WITH INTEREST @
6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION.

IN MFA NO.642/2017

BETWEEN:

SRI SHIVANNA
S/O. VADAREGOWDA,
AGED ABOUT 37 YEARS,
R/O HOSA MALANGI, KASABA HOBLI,
KOLLEGALA TALUK,
CHAMARAJANAGARA DISTRICT,
C/O SIDDARAMA
S/O LATE MADAIAH,
SIDDARAMANAHUNDI,
MYSORE TALUK, MYSORE-571001.
                                                  ...APPELLANT

(BY SRI NAGESH M., ADVOCATE)

AND:

MANAGING DIRECTOR, KSRTC
K.H. ROAD, SHANTHI NAGAR,
BANGALORE-560001
(OWNER OF THE VEHICLE BUS
BEARING REG.NO.KA-09-F-3407)
                                               ...RESPONDENT

(BY SRI ASHOK N. NAYAK, ADVOCATE)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.02.2016 PASSED
IN MVC NO.928/2014 ON THE FILE OF THE JUDGE, ADDITIONAL
COURT OF SMALL CAUSES, MYSURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

      THESE APPEALS COMING ON FOR FURTHER SUBMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR. JUSTICE C.M. POONACHA
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                                                        NC: 2025:KHC:27851
                                                    MFA No. 6515 of 2016
                                                 C/W MFA No. 642 of 2017

    HC-KAR




                                  ORAL JUDGMENT

Both the appeals are filed under Section 173 (1) of

the Motor Vehicles Act, 19881 calling in question the

judgment and award dated 20.02.2016 passed in MVC

No.928/2014 by the Motor Accidents Claims Tribunal at

Mysuru (Additional Small Causes and Senior Civil Judge,

Mysuru)2.

2. The parties herein are referred to as per their

rank before the Tribunal for the sake of convenience.

3. The relevant facts in a nutshell leading to the

present appeals are that the claimants seeking

compensation for the injuries sustained in a road traffic

accident which occurred on 16.06.2014 filed a claim

petition contending, inter alia, that when he was standing

in front of the bus stand, a bus owned by the Karnataka

State Road Transport Corporation3 being driven by its

driver in a rash and negligent manner came and hit him,

Hereinafter referred to as 'MV Act'

Hereinafter referred to as 'Tribunal'

Hereinafter referred to as 'KSRTC'

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thereby causing the accident in question. The KSRTC was

arrayed as a respondent in the claim proceedings and

contested the same. The Tribunal by its judgment and

award dated 20.02.2016 assessed a total compensation of

`7,27,000/-. After deducting a sum of `10,000/- which

was paid by the KSRTC to the claimant, awarded a total

compensation of `7,17,000/- together with interest at 6%

p.a. Being aggrieved, the KSRTC has preferred MFA

No.6515/2016 and the claimant has preferred MFA

No.642/2017.

4. Heard the submissions of learned counsel Sri M.

Nagesh for the claimant and learned counsel Sri Ashok N.

Nayak for KSRTC. Perused the records of the Tribunal.

5. The findings of the Tribunal on negligence and

liability are not under challenge and have attained finality.

Hence, the only question that is required to be adjudicated

in the present appeals is with regard to the adequacy of

the quantum of compensation.

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6. It is noticed that the claimant was aged 38

years as on the date of the accident i.e., as on 16.6.2014.

Hence, the appropriate multiplier of '15' assessed by the

Tribunal is just and proper.

7. The claimant was stated to be a mason, earning

`500/- per day. However, no documents have been

produced to demonstrate his income. The Tribunal has

assessed the notional income of the claimant as `6,000/-

per month. However, having regard to the date of the

accident, it is just and proper that the notional income be

reassessed as `8,500/- per month.

8. It is evident from the wound certificate

(Ex.P.7), discharge card (Ex.P.8), the testimony of the

doctor (PW.2) and other medical evidence on record that

the claimant has sustained fracture of right squamous

temporal, occipital and right parietal bones with acute EDH

in the right temporo parietal region, longitudinal fracture

of the right petrous bone with hemotympanum as well as

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fracture of the right clavicle. The claimant was treated as

an inpatient for a total period of 4 days. The doctor has

deposed regarding the treatment taken by the claimant as

well as the disability. The Tribunal has assessed the

functional disability at 35%, which is just and proper.

9. In view of the aforementioned, the

compensation is re-assessed as follows:

i. Having regard to the nature of injuries

sustained, the compensation towards pain and suffering is

reassessed as `50,000/- as against `40,000/- awarded by

the Tribunal;

ii. Having regard to the nature of injuries

sustained and the period of treatment, the compensation

towards food, nutrition and attendant charges is

reassessed as `15,000/- as against `10,000/- awarded by

the Tribunal;

iii. The Tribunal has assessed the laid-up period as

5 months. Accordingly, the loss of income during laid-up

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period is reassessed as `42,500/- (`8,500/- x 5) as against

`30,000/- awarded by the Tribunal;

iv. Having regard to the nature of injuries

sustained and the resultant disability, the loss of amenities

is reassessed as `25,000/- as against `10,000/- awarded

by the Tribunal;

v. The medical expenses awarded by the Tribunal

is as per the actual expenses incurred and accordingly, the

compensation of `60,000/- awarded towards the same is

just and proper;

vi. The compensation towards loss of future

earning capacity is reassessed as `5,35,500/- (`8,500 x 12

x 15 x 35%) as against `5,67,000/- awarded by the

Tribunal.

10. It is pertinent to note here that the Tribunal has

added 50% towards future prospects, which is erroneous

and is hereby set aside.

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11. The Tribunal has awarded `10,000/- towards

loss of expectation of life, which is erroneous and is

accordingly set aside.

12. In view of the same, the compensation is

reassessed as follows:

Sl.               Heads                   Amount         Amount
No.                                     awarded by     awarded by
                                        the Tribunal    this Court
                                             (`)            (`)
1.    Loss of future income              5,67,000.00     5,35,500.00
2.    Pain, shock and sufferings           40,000.00       50,000.00
3.    Loss of amenities of life,           10,000.00       25,000.00
      happiness and frustration
4.    Conveyance,          attendant      10,000.00       15,000.00
      charges,        food        and
      nourishment
5     Loss of income during laid up       30,000.00       42,500.00
      period
6     Medical expenses                     60,000.00      60,000.00
7     Loss of expectation of life          10,000.00          ------
                    Total               7,27,000.00    7,28,000.00
      Less amount already paid            10,000.00
                                        7,17,000.00

13. It is forthcoming from the aforementioned that

the compensation reassessed by this Court is marginally

higher by ₹1,000/-. Having regard to the totality of the

facts and circumstances of the case, the quantum of

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compensation awarded by the Tribunal is not interfered

with.

14. Hence, the following:

ORDER

i. Both the appeals are disposed of;

ii. The judgment and award dated 20.02.2016

passed in MVC No.928/2014 by the Motor

Accidents Claims Tribunal at Mysuru (Additional

Small Causes and Senior Civil Judge, Mysuru) is

affirmed;

iii. The amount deposited by the appellant in MFA

No.6515/2016 together with records shall be

transmitted to the Tribunal;

iv. The appellant (respondent before the Tribunal) in

MFA No.6515/2016 shall deposit the balance

amount together with accrued interest within a

period of six weeks;