Karnataka High Court
The Regional Manager vs Sri. Satish Chandran M. R on 25 June, 2025
-1-
NC: 2025:KHC:22352
MFA No. 7898 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 7898 OF 2017 (MV-I)
BETWEEN:
THE REGIONAL MANAGER
ANDHRA PRADESH STATE ROAD
TRANSPORTATION, MUSHEERABAD,
HYDERABAD,
ANDHRA PRADESH STATE,
REP. BY ITS MANAGING DIRECTOR,
A.P.S.R.T.C., MUSHIRABAD,
HYDERABAD.
...APPELLANT
(BY SRI. D VIJAYAKUMAR, ADVOCATE)
AND:
1. SRI. SATISH CHANDRAN M. R.
S/O. RAMAIAH M.M.,
Digitally AGED ABOUT 57 YEARS,
signed by R/AT NO.63/A, BTS ROAD,
NIRMALA WILLSON GARDEN,
DEVI JAYANAGAR,
Location: BANGALORE-560 027.
HIGH COURT
OF 2. SRI. M. SHANMUGAM
KARNATAKA
S/O. SRI. MANICKAM,
MAJOR,
R/AT NO.267, PRIYA STREET,
BELLIYAPPA NAGAR,
WALAJA PET, TAMIL NADU-632 513.
(EX-PARTE)
3. M/S. ORIENTAL INSURANCE CO. LTD.,
NO.17/A, SKS COMPLEX,
KRISHNAGIRI ROAD,
-2-
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MFA No. 7898 of 2017
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RANIPET, TAMIL NADU-632 401.
...RESPONDENTS
(BY SRI. SHRIPAD V SHASTRY, ADVOCATE FOR R1
SRI. C SHANKAR REDDY, ADVOCATE FOR R3
NOTICE TO R2 IS DISPENSED WITH V/O DTD 21.03.2018)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.06.2017 PASSED IN MVC
NO.2273/2013 ON THE FILE OF THE XXII ADDITIONAL SMALL
CAUSES JUDGE AND XX ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AND MEMBER M.A.C.T., BENGALURU (SCCH-24),
AWARDING COMPENSATION OF RS.4,48,850/- WITH INTEREST AT
8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF
REALIZATION EXCLUDING THE FUTURE MEDICAL EXPENSES OF
RS.10,000/- AND ETC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeal is filed challenging the judgment and
award dated 23.06.2017 passed in MVC.No.2273/2013 by the
XXII Additional Small Causes Judge and XX Additional Chief
Metropolitan Magistrate and MACT, Bengaluru (SCCH-24)1.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
3. The claim proceedings were instituted by the
claimant claiming compensation for the injuries suffered in a
Hereinafter referred as to 'Tribunal'
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road traffic accident dated 15.09.2012 wherein when he was
traveling as a passenger in a bus, the same hit a lorry. The
owner of the bus was arrayed as respondent No.1 before the
Tribunal and the owner and insurer of the lorry were arrayed as
respondent Nos.2 and 3. The Tribunal by its judgment and
award dated 23.06.2017 partly allowed the claim petition and
awarded a total compensation of `4,48,850/- together with
interest at 8% per annum and held that the owner of the bus is
liable to pay the compensation awarded. The claim proceedings
against the owner and insurer of the lorry were dismissed.
Being aggrieved, the owner of the bus has preferred the
present appeal challenging the finding of the Tribunal on
negligence as well as on the quantum of compensation.
4. Heard submissions of learned counsel
Sri D Vijayakumar appearing for the appellant, learned counsel
Sri Shripad V Shastri appearing for the respondent No.1 -
claimant and learned counsel Sri C Shankar Reddy appearing
for respondent No.3.
5. It is submitted by the learned counsels that a Co-
ordinate Bench of this Court vide the judgment dated
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16.08.2019 passed in MFA No.8640/2014 c/w
MFA No.1180/2014 has partly allowed the appeal filed by the
owner of the bus and reduced the compensation awarded. This
Court has not set aside the findings of the Tribunal on
negligence. Hence, learned counsel Sri D Vijayakumar submits
that having regard to the judgment dated 16.08.2019 passed in
MFA No.8640/2014 c/w MFA No.1180/2014 the question of
considering the contention of the appellant regarding
negligence in the present appeal does not arise.
6. With regard to the quantum of compensation, it is
noticed that the claimant had sustained injuries to the left and
right side of the pelvic region, which injury was surgically
treated. The claimant was an inpatient from 15.09.2012 to
01.10.2012. The Tribunal noticing the same, has awarded a
sum of `3,43,840/- towards medical expenses which are as per
the actual medical bills. The Tribunal has further awarded
compensation of `30,000/- towards pain and suffering,
`35,000/- towards food, nourishment, attendant and
conveyance charges, `30,000/- towards loss of amenities and
`10,000/- towards future medical expenses which are just and
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proper. The Tribunal has not awarded any compensation
towards disability, since the claimant has continued in
employment.
7. Upon re-appreciation of the material available on
the record, the quantum of compensation awarded by the
Tribunal is just and proper.
8. However, it is noticed that the Tribunal has awarded
interest at 8% per annum. Taking judicial notice of interest
awarded with respect to fixed deposits, it is just and proper
that the interest awarded by the Tribunal be reduced to 7%.
9. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 23.06.2017
passed in MVC.No.2273/2013 by the XXII
Additional Small Causes Judge and XX
Additional Chief Metropolitan Magistrate and
MACT, Bengaluru (SCCH-24), is hereby
modified only to the extent ordered herein, in
all other respects the judgment and award of
the Tribunal remains unaltered;
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iii) The appellant shall be liable to pay the
compensation awarded by the Tribunal
together with interest at 7% per annum;
iv) The amount deposited by the appellant
together with the records be transmitted to
the Tribunal for disbursement in terms of the
award of the Tribunal;
v) The Registry to draw the modified award
accordingly;
No costs.
SD/-
(C.M. POONACHA)
JUDGE
PNV
