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Karnataka High Court
Narendra S vs Mahantesh And Anr on 27 January, 2026
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NC: 2026:KHC-K:583
MFA No. 203655 of 2023
C/W MFA No. 203656 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 203655 OF 2023 (MV)
C/W
MISCL. FIRST APPEAL NO. 203656 OF 2023
IN MFA No. 203655/2023:
BETWEEN:
NARENDRA S. S/O GOPALRAO,
AGE: 45 YEARS, OCC: AGRICULTURE AND
HAVRESTING MACHINE COMMISSION AGENT NOW
NIL,
R/O CHALLUR CAMP, TQ. KARATAGI,
DIST. KOPPAL, NOW R/ AT CHITRANAL VILLAGE,
Digitally signed
by LUCYGRACE TQ. LINGASUGUR, DIST. RAICHUR.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)
AND:
1. MAHANTESH S/O VEERABHADRAGOUDA,
AGE:38 YEARS, OCC:DRIVER OF KSRTC BUS
BRG NO. KA 35/F-200 ,
R/O MANMATHANAL VILLAGE, TQ. HUNGUND,
DIST. BAGALKOTE 587 101.
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NC: 2026:KHC-K:583
MFA No. 203655 of 2023
C/W MFA No. 203656 of 2023
HC-KAR
2. THE DIVISIONAL CONTROLLER,
KSRTC, HOSPET DEPOT, DIST. HOSPET-583 201,
(OWNER AND SELF INSURER OF NEKRTC BUS BRG
NO. KA 35/F-200
...RESPONDENTS
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR R2;
V/O DTD. 21.02.2025 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 29-06-2022,
PASSED BY THE SENIOR CIVIL JUDGE AND MACT AT
LINGASUGUR, IN MVC NO.310/2019 AND PLEASED TO
ENHANCE THE COMPENSATION.
IN MFA NO. 203656/2023:
BETWEEN:
CHANNAPPA S/O DURGAMMA,
AGE: 32 YEARS, OCC: HARVESTING MACHINE DRIVER
NOW NIL,
R/o HADAGALI, TQ. LINGASUGUR, DIST. RAICHUR.
...APPELLANT
(BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)
AND:
1. MAHANTESH S/O VEERABHADRAGOUDA,
AGE: 38 YEARS, OCC: DRIVER OF KSRTC BUS
BRG NO. KA 35/F-200,
R/O MANMATHANAL VILLAGE, TQ. HUNGUND,
DIST. BAGALKOTE-587 101.
2. THE DIVISONAL CONTROLLER,
KSRTC, HOSPET DEPOT, DIST. HOSPET-583 201,
(OWNER AND SELF INSURER OF NEKRTC
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NC: 2026:KHC-K:583
MFA No. 203655 of 2023
C/W MFA No. 203656 of 2023
HC-KAR
BUS BRG NO. KA 35/F-200.
...RESPONDENTS
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR R2;
V/O DTD. 19.02.2025 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL
BY MODIFYING THE JUDGMENT AND AWARD DATED 29-06-
2022, PASSED BY THE SENIOR CIVIL JUDGE AND MACT AT
LINGASUGUR, IN MVC NO. 309/2019 AND PLEASED TO
ENHANCE THE COMPENSATION.
THESE APPEALS, COMING ON FOR FURTHER ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsel for the parties.
2. These appeals are arising out of the Judgment
and award dated 29.06.2022 passed in MVC No.310/2019
and MVC No.309/2019 on the file of the Motor Accidents
Claims Tribunal, Lingasugur (for short 'the Tribunal'),
awarding compensation.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
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HC-KAR
4. It is the case of the claimants that, the claimants
were travelling in a KSRTC bus bearing registration No.KA-
35/F-200 and when the said bus reached near Surshti Hotel
on Hyderabad-Raichur road, Shaktinagar, the driver of the
bus drove the said bus in a rash and negligent manner and
as a result of the same, the bus was turtled as such, the
claimants sustained grievous injuries. Hence, the claimants
have preferred the aforementioned claim petition seeking
compensation.
5. After service of notice, the respondent-
corporation appeared therein and denied the averments
made in the claim petition.
6. The claimants examined themselves as P.W.3 and
P.W.2, respectively. The Doctors were examined as P.W.4
and P.W.5. The claimants have produced documents and
the same were marked as Ex.P.1 to Ex.P.27. On the other
hand, no oral or documentary evidence were produced by
the respondent-corporation. The Tribunal, after considering
the material on record by its Judgment and award dated
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HC-KAR
29.06.2022 awarded compensation of Rs.4,85,900/- in MVC
No.310/2019 and Rs.2,61,700/- in MVC No.309/2019.
Feeling aggrieved by the same, as the compensation
awarded by the Tribunal is meager, the claimants have
preferred these appeals.
7. Heard the learned counsel for the parties.
8. In MVC No.310/2019, [MFA No.203655/2023]
having taken note of the injuries sustained by the claimant,
as discussed by the Tribunal at paragraph No.22, I am of
the view that the income of the claimant is to be taken at
Rs.13,250/- as per the guidelines of the Karnataka Legal
Services Authority and taking into consideration the
disability at 10%, by adopting appropriate multiplier of '14',
the award of compensation made by the Tribunal is re-
assessed looking into the injuries sustained by the claimants
and the evidence of the Doctor. The loss of future income of
the claimant is as under:
Rs.13,250/- X 12 X 14 X 10 = Rs.2,22,600/-
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HC-KAR
9. The claimant is entitled for total compensation as
under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.2,22,600/-
2 Food and nourishment Rs.20,000/-
3 Loss of amenities Rs.50,000/-
4 Transportation and attending Rs.10,000/-
charges
5 Medical expenses Rs.2,99,700/-
6 Loss of income during laid up Rs.39,750/-
period (Rs.13,250/- X 3
months)
7 Pain and sufferings Rs.50,000/-
Total Rs.6,92,050/-
10. In MVC No.309/2019, [MFA No.203656/2023]
having taken note of the injuries sustained by the claimant,
as discussed by the Tribunal at paragraph No.18, I am of
the view that the income of the claimant is to be taken at
Rs.13,250/- as per the guidelines of the Karnataka Legal
Services Authority and taking into consideration the
disability at 15%, by adopting appropriate multiplier of '17',
the award of compensation made by the Tribunal is re-
assessed looking into the injuries sustained by the claimants
and the evidence of the Doctor. The loss of future income of
the claimant is as under:
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HC-KAR
Rs.13,250/- X 12 X 17 X 15 = Rs.4,05,450/-
11. The claimant is entitled for total compensation as
under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.4,05,450/-
2 Food and nourishment Rs.20,000/-
3 Loss of amenities Rs.50,000/-
4 Transportation and attending Rs.20,000/-
charges
5 Medical expenses Rs.58,500/-
6 Loss of income during laid up Rs.39,750/-
period (Rs.13,250/- X 3
months)
7 Pain and suffering Rs.50,000/-
Total Rs.6,43,700/-
12. Accordingly, the following:
ORDER
(i) Both appeals are allowed in-part;
(ii) The claimant in MFA No.203655/2023
(MVC No.310/2019) is entitle for total compensation
of Rs.6,92,050/- along with interest at the rate of
6% per annum from the date of petition till the date
of realization as against Rs.4,85,900/- awarded by
the Tribunal;
(iii) The claimant in MFA No.203656/2023
(MVC No.309/2019) is entitle for total compensation
of Rs.6,43,700/- along with interest at the rate of
6% per annum from the date of petition till the date
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HC-KAR
of realization as against Rs.2,61,700/- awarded by
the Tribunal;
(iv) The claimant in MFA No.203655/2023 is
not entitled for interest for the delayed period of 345
days in filing the appeal;
(v) The claimant in MFA No.203656/2023 is
not entitled for interest for the delayed period of 345
days in filing the appeal;
(vi) The respondent-KSRTC is directed to
deposit the compensation within a period of six
weeks from the date of this order.
Sd/-
(E.S.INDIRESH)
JUDGE
SVH
List No.: 1 Sl No.: 7
