Sri Gopal v. The Managing Director

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8914 OF 2025 (MV-I) BETWEEN:

SRI GOPAL S/O CHINNAIAH NOW AGED ABOUT 62 YEARS RESIDING AT No.550 1ST MAIN, 2ND CROSS VEERA MADAKARI HIGH SCHOOL VARTHUR MAIN RAOD RAMAGONDANAHALLI BENGALURU - 560 060. …APPELLANT

(BY SMT. SUSHMITHA G, ADVOCATE)

AND:

THE MANAGING DIRECTOR KSRTC, K .H. ROAD SHANTHI NAGAR BENGALURU - 560 027. …RESPONDENT

(BY SMT. RADHA B P, ADVOCATE)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:04.02.2025 PASSED IN MVC No.8141/2023 ON THE FILE OF THE XIX

Location: HIGH COURT OF KARNATAKA

ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-7, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 04.02.2025 passed in MVC No.8141/2023 by the XIX Additional Judge, Court of Small Causes, Member, MACT, Bengaluru (SCCH-17).

¶2Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent/KSRTC.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 06.11.2023 contending that the accident occurred due to rash and negligent

driving of the driver of KSRTC bus bearing Regn.No.KA-18-F-1061. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Towards pain and agony 30,000/-

¶02Towards medical expenses 3,75,300/-

¶03Towards loss of income during laid up period 64,000/-

¶04Towards disability 2,07,360/-

¶05Towards food, nourishment and conveyance 20,000/-

¶06Towards attendant charges 6,000/-

¶07Towards loss of amenities 30,000/-

¶08Towards future medical expense 40,000/-

Total 7,72,660/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent/KSRTC to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent/KSRTC.

¶6Learned counsel for appellant would contend that PW.2 – Doctor who has examined the claimant has assessed his disability and stated that claimant is having 55% disability to the left lower limb and whole body disability at 19% but the Tribunal has taken disability at 12% to the whole body and the same is on lower side. The notional income fixed for the year 2023 is Rs.16,250/- and the same is to be taken. The Tribunal has rightly applied multiplier '9'. Considering the injuries sustained, the compensation awarded towards pain and suffering is on lower side. With this she prayed to allow the appeal.

¶7Learned counsel for respondent would contend that PW.2 is not the treated Doctor and he assessed the disability after one year of the accident. The compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The claimant has sustained fracture of left distal femur communited with intra articular extension. Considering the said injury the compensation awarded towards pain and suffering in a sum of Rs.30,000/- by the Tribunal requires to be enhanced to Rs.50,000/-.

¶10PW.2 is the Doctor who has examined the claimant and assessed his disability and stated that the claimant is having 55% disability to the left lower limb and 19% disability to the whole body. Considering the said evidence and fracture sustained, the disability to the whole body is to be taken at 15% as against 12% taken by the Tribunal. The notional income for the year 2023 by the Karnataka State Legal Services Authority is Rs.16,250/- and the same is to be taken as against Rs.16,000/- taken by the Tribunal. The Tribunal has rightly applied multiplier

'9' since the claimant is aged 60 years. In view of the above, loss of future income is calculated as under: Rs.16,250 x 12 x 9 x 15% = Rs.2,63,250/-

¶11Considering the injuries sustained and that the claimant has been admitted in the hospital for 6 cays, the compensation awarded towards loss of amenities, medical expenses, loss of income during laid up period, food, nourishment and conveyance, attendant charges, future medical expenses are just and proper.

¶12In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering 50,000/-

¶02Medical expenses 3,75,300/-

¶03Loss of income during laid up period 64,000/-

¶04Loss of future income 2,63,250/-

¶05Food, nourishment and conveyance 20,000/-

¶06Attendant charges 6,000/-

¶07Loss of amenities 30,000/-

¶08Towards future medical expenses 40,000/-

Total 8,48,550/-

¶13Considering the above aspects, the claimant is entitled to total compensation of Rs.8,48,550/- as against Rs.7,72,660/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.75,890/- with interest @ 6% p.a. from the date of petition till realization. Respondent is liable to pay the said enhanced compensation with interest.

¶14In view of the above, the following: ORDER

i) The appeal is allowed in part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.75,890/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent shall deposit the enhanced compensation with interest before the

Tribunal within a period of six weeks from this day.

iv) Appellant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 2 Sl No.: 43 Ct.sm