Roshni D Almeida v. The Divisional Controller

e -e1e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:43488 MFA(No.(1308(of(2021 CNR:(KAHC010196652020 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(13 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(RAJESH(RAI(K( MISCELLANEOUS(FIRST(APPEAL(NO.(1308(OF(2021((MV-I) BETWEEN:( ROSHNI,D,ALMEIDA, D/O,BABUTI,D',ALMEIDA, AGED,ABOUT,23,YEARS,, R/AT,ALMEIDA,VILLA,,GOLIBETTU,ROAD,, SASTANA,,IRODY,VILLAGE,AND,POST, UDUPI,TALUK,,UDUPI,DISTRICT,-,67, …APPELLANT, (BY,SRI.,SAMPATH,KUMAR,A.V.,,ADVOCATE), AND: THE,DIVISIONAL,CONTROLLER, K.S.R.T.C.,BUS,DEPOT, MANGALORE, …RESPONDENT, Digitallytisignedtiby (BY,SRI.,ASHOK,KUMAR,M.,,ADVOCATE), PANKAJA0S Location:0HIGH COURT0OF , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, KARNATAKA JUDGMENT,AND,AWARD,DATED.,03.10.2019,,PASSED,IN,MVC, NO.563/2016,,ON,THE,FILE,OF,THE,ADDITIONAL,SENIOR,CIVIL, JUDGE, AND, ADDITIONAL, MACT,, UDUPI,, PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT,OF,COMPENSATION., , THIS, MFA,, COMING, ON, FOR, ADMISSION,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT

¶1The claimant, being dissatisfied with the compensation of Rs.1,71,125/- awarded by the Tribunal in MVC No.563/2016 dated 03.10.2019, is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle belonged to KSRTC are not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)

¶1Pain and sufferings, hardship, discomfort and loss of amenities 1,00,000

¶2Loss of earning to parents during hospitalization 25,000

¶3Medical expenses 46,125 Total 1,71,125

¶4The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered

functional disability to the extent of 6%, which, in my opinion, does not require any interference by this Court.

¶5The Tribunal has not awarded compensation under the head 'loss of future income', since the claimant was minor aged 17 years at the time of incident. The said finding of the Tribunal has to be interfered with in view of the subsequent judgment of the Hon'ble Apex Court in the case of HITESH NAGJIBHAI PATEL Vs. BABABHAI NAGJIBHAI RABARI AND ANOTHER in Civil Appeal No.10278/2025, wherein it is held that the calculation of loss of income necessarily has to be made in a case involving a child having suffered injury or having passed away. Consequently, since the accident had occurred in Kota, Kundapura District and as per the Minimum Wages Act, the wages prevailing as on the date of accident i.e., to Zone 3 of said area, for skilled labour, was the minimum of Rs.290/- per day, which comes to Rs.8,700/- (Rs.290 X 30 days) per month. Accordingly, applying the multiplier of '18', the claimant would be entitled to a sum of Rs.1,12,752/- (Rs.8,700 x 12 x 18 x 6%) towards 'loss of future income'.

¶6Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, it would be just and appropriate to treat the laid up period as three months. Thus, the claimant would be entitled to a sum of Rs.26,100/- (Rs.8,700 X 3) towards 'loss of income during the laid up period'.

¶7Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.16,000/- towards 'food, nourishment, transportation charges and attendant charges'.

¶8Having regard to the injuries suffered by the claimant and the lasting effect of the injuries on the claimant, the claimant would be entitled to Rs.50,000/- towards 'pain and sufferings' and Rs.30,000/- towards 'loss of amenities'.

¶9The sum awarded as 'medical expenses' at Rs.46,125/-, being based on documentary evidence, do not call for modification and hence confirmed.

¶10Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by this Court (Rs.)

¶1Pain and suffering 50,000

¶2Loss of future earnings 1,12,752

¶3Food, nourishment, conveyance & attendant charges 16,000

¶4Loss of amenities 30,000

¶5Loss of income during laid up period 26,100

¶6Medical expenses 46,125 Total 2,80,977 Rounded off to 2,81,000

¶11Thus, the claimant is held entitled to the total compensation of Rs.2,81,000/- as against Rs.1,71,125/- along with interest at the rate of 6% per annum from the date of petition till its realization.

¶12The KSRTC is directed to deposit the amount of compensation awarded within six weeks from the date of

receipt of a certified copy of this judgment. On such deposit, the amount shall be released to the claimant on due identification. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 26