Karnataka State Road vs Mallaiah S/O Late Sappe Mallaiah
2026 Latest Caselaw 2060 Kant

Karnataka High Court

Karnataka State Road vs Mallaiah S/O Late Sappe Mallaiah on 9 March, 2026

                                       -1-
                                                   NC: 2026:KHC:14000
                                               MFA No. 8853 of 2012


            HC-KAR




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 9TH DAY OF MARCH, 2026

                                    BEFORE
                     THE HON'BLE MR. JUSTICE C.M. POONACHA
            MISCELLANEOUS FIRST APPEAL NO. 8853 OF 2012 (MV)
            BETWEEN:

            KARNATAKA STATE ROAD
            TRANSPORT CORPORATION
            CHAMRAJANAGAR DEPOT
            BY ITS DEPOT MANAGER
            REPRESENTED BY ITS CHIEF LAW OFFICER
                                                         ...APPELLANT
            (BY SMT. H R RENUKA, ADVOCATE)

            AND:

            MALLAIAH
            S/O LATE SAPPE MALLAIAH
            SINCE DECEASED BY HIS LR

            MALLIKARJUNASWAMY
Digitally   S/O LATE MALLAIAH
signed by   AGED ABOUT 25 YEARS
NIRMALA     R/O #130, YANAGANAHALLI-1
DEVI        YANAGANAHALLI
Location:   CHAMARAJANAGAR TALUK & DISTRICT 571313
HIGH
COURT OF                                               ...RESPONDENT
KARNATAKA
            (RESPONDENT SERVED AND UNREPRESENTED)

                 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
            JUDGMENT AND AWARD DATED 2.5.2012 PASSED IN MVC
            NO.380/2010 ON THE FILE OF THE DISTRICT JUDGE, MEMBER,
            MACT, CHAMARAJANAGAR, AWARDING A COMPENSATION OF
            RS.1,63,227/- WITH INTEREST @ 6% P.A PENDETE-LITE AND
            FUTURE INTEREST TILL THE DATE OF REALIZATION OF AWARD
            AMOUNT.
                                           -2-
                                                              NC: 2026:KHC:14000
                                                         MFA No. 8853 of 2012


    HC-KAR




    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:        HON'BLE MR. JUSTICE C.M. POONACHA

                               ORAL JUDGMENT

1. The present appeal is filed by the Karnataka State Road

Transport Corporation1 calling in question the judgment and

award dated 02.05.2012 in MVC No.380/20102 passed by the

District Judge and Member, MACT, Chamarajanagar3,

whereunder the Tribunal had awarded a total compensation of

`1,63,227/-. It is contended that the quantum of

compensation awarded by the Tribunal is excessive.

2. It is forthcoming that the claimant was aged 55 years as on

date of the accident, i.e., as on 23.07.2009 and was a coolie as

well as carrying on agricultural operations. The claimant

sustained fracture of both bones of the left forearm as well as

fracture of ulna. It is also noticed that the claimant sustained

fracture of L-2, 3 & 4 ribs as well as other simple injuries. The

Tribunal has awarded `55,000/- towards pain and suffering and

`11,227/- towards medical and other incidental expenses.

hereinafter referred to as the 'KSRTC'

hereinafter referred to as the 'impugned judgment'

hereinafter referred to as the 'Tribunal'

NC: 2026:KHC:14000

HC-KAR

3. The Tribunal has also noticed that the doctor (CW.1) has

assessed the disability of the claimant at 30% to the particular

limb. Hence, the Tribunal has awarded a sum of `80,000/-

towards the disability and a sum of `20,000/- towards loss of

amenities.

4. It is forthcoming that although certain aspects of the

compensation awarded are contended as being excessive, it is

forthcoming that the Tribunal has not awarded compensation

on various other heads of compensation such as, loss of income

during laid-up period, etc.

5. In view of the aforementioned, the above appeal is

dismissed as devoid of merit.

6. The amount deposited by the appellant in the above appeal

be transmitted to the Tribunal for disbursement in terms of the

award of the Tribunal.

Sd/-

(C.M. POONACHA) JUDGE

BS List No.: 1 Sl No.: 21