H R Chandrashekar v. The Managing Director

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4887 OF 2025 (MV-I) BETWEEN:

H.R. CHANDRASHEKAR S/O RAJASHEKAR, AGED ABOUT 43 YEARS, R/AT AMBIKANAGARA, ARASINAKUNTE, BENGALURU RURAL - 562 123. …APPELLANT (BY SRI. SATHISHA T., ADVOCATE) AND:

THE MANAGING DIRECTOR KSRTC DEPOT, BENGALURU CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. …RESPONDENT (BY SMT. NAYANASHREE, ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE)

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.10.2024 PASSED IN MVC NO.2502/2023 ON THE FILE OF THE XXII ADDITIONAL SMALL

by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA

CAUSES JUDGE AND ACJM AND MEMBER, MACT, BENGALURU (SCCH-24) 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 claimant seeking enhancement of compensation awarded in the Judgment and Award dated

07.10.2024 passed in MVC No.2502/2023 by XXII Additional Small Causes Judge and ACJM and Member, MACT, Bengaluru (SCCH-24).

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

¶3The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 16.03.2023 contending that the accident occurred due to rash and negligent driving by the driver of KSRTC bus bearing registration No.KA-57-F-4282.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed compensation and awarded compensation under various heads as under: Sl. No. Particulars

Amount

¶1Towards pain and sufferings Rs. 60,000/-

¶2Towards conveyance, attendant charges and nourishing food Rs. 25,000/-

¶3Towards loss of income during laid up period Rs. 31,000/-

¶4Loss of future income Rs. 2,60,400/-

¶5Medical expenses Rs. 73,858/-

¶6Future medical expenses Rs. 25,000/-

¶7Loss of comfort and amenities Rs. 20,000/-

Total Rs. 4,95,258/-

¶5The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed the respondent/KSRTC to pay the compensation awarded with interest. The claimant has filed present appeal seeking enhancement of compensation.

¶6Heard the learned counsel for appellant and learned counsel for respondent/KSRTC.

¶7The accident occurred on 16.03.2023 and as on the date of accident, the claimant was aged forty one (41) years and considering the same, the Tribunal has rightly applied multiplier '14'. The occupation of the claimant is stated to be Driver. The Tribunal has taken notional income of Rs.15,500/-. Ex.P9 is a copy of Driving License of the claimant to drive Light Motor Vehicle. Considering the fact that the claimant is a Driver, the income of the claimant is to be taken higher than the notional income. Therefore, the income of the claimant is to be taken at

Rs.18,000/- per month. Learned counsel for appellant/claimant has not disputed the disability taken by the Tribunal at 10%. In view of the same, loss of future income is calculated as under:

Rs.18,000/-X 12 X 14 X 10% = Rs.3,02,400/-

¶8The claimant has sustained fracture of humerus. Considering same, compensation awarded towards pain and suffering in a sum of Rs.60,000/- and loss of amenities in a sum of Rs.20,000/- is just and proper.

¶9The claimant has been admitted in hospital for nine (09) days. Considering the same, the compensation awarded towards attendant, conveyance charges etc. is just and proper. The Tribunal has awarded loss of income during laid up period for two (02) months by taking the income at Rs.15,500/-. Considering the injury sustained, the claimant has to take rest atleast for (03) months. Therefore, he is entitled to loss of income during laid up

period for (03) months i.e., Rs.54,000/- (Rs.18,000/- X 03 months).

¶10The Tribunal considering the evidence on record has rightly awarded medical expenses and future medical expenses.

¶11Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars

Amount

¶1Pain and sufferings Rs. 60,000/-

¶2Attendant, conveyance charges etc. Rs. 25,000/-

¶3Loss of income during laid up period Rs. 54,000/-

¶4Loss of future income Rs. 3,02,400/-

¶5Medical expenses Rs. 73,858/-

¶6Future medical expenses Rs. 25,000/-

¶7Loss of amenities Rs. 20,000/-

Total Rs. 5,60,258/-

¶12The claimant is entitled to total compensation of Rs.5,60,258/- as against Rs.4,95,258/- awarded by the Tribunal with interest.

¶13Consequently, claimant is entitled to enhanced compensation of Rs.65,000/- (Rs.5,60,258/- - Rs.4,95,258/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶14The Respondent/KSRTC is liable to pay the said enhanced compensation amount with interest.

¶15In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.65,000/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) The Respondent/KSRTC shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 40