Sri Prabhakar v. Karnataka State Road Transport Corporation(Ksrtc)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4560 OF 2025 (MV-I) BETWEEN:

SRI PRABHAKAR S/O MARINAYAKA AGED ABOUT 53 YEARS R/AT HILEKARE, DEVANGI POST THEERTHAHALLI TALUK SHIMOGGA DISTRICT-577 432.

…APPELLANT (BY SRI A S GIRISH, ADVOCATE)

AND:

¶1KARNATAKA STATE ROAD TRANSPORT CORPORATION(KSRTC) "SARIGE BHAVANA", K.H.ROAD SHANTI NAGAR BENGALURU-560 001.

BY ITS MANAGING DIRECTOR (OWNER OF KSRTC BUS BEARING No.KA-17-F-1527).

¶2SMT. KAVITHA W/O SUNDARARAJAN MAJOR IN AGE, R/AT No.7, RCC

by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA

206/261, S.G.MUTT ROAD CHAMARAJPET BENGALURU-560 002. (OWNER OF LORRY BEARING No.KA-01-AF-2811).

¶3NATIONAL INSURANCE COMPANY No.144, 2ND FLOOR SHUBHARAM COMPLEX M.G.ROAD, BENGALURU-560 001.

BY ITS MANAGER (INSURER OF LORRY BEARING No.KA-01-AF-2811).

…RESPONDENTS

(BY SRI SAMARTH PRAKASH, ADVOCATE FOR R1 V/O DTD. 07.01.2026, NOTICE TO R2 IS DISPENSED WITH SRI SHIVARAJ PATIL, ADVOCATE FOR R3)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:29.10.2024 PASSED IN MVC No.6069/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL MACT, BENGALURU, (SCCH-1), 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 29.10.2024 passed in MVC No.6069/2022 by the Chief Judge, Court of Small Causes and Member, Prl.MACT, Bengaluru (SCCH-1).

¶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 Nos.1 and 3.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 29.05.2018 contending that the accident occurred due to rash and negligent driving of the driver of KSRTC bus bearing registration No.KA-17-F-1527. 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 Suffering 1,00,000/-

¶02Towards treatment 20,700/-

¶03Towards attendant, conveyance and nourishment charges 50,000/-

¶04Towards loss of income during treatment period 75,000/-

¶05Loss of amenities and future happiness 80,000/-Total 3,25,700/-

¶4The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.2 -insurer 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 Nos.1 and 3.

¶6Learned counsel for the appellant would contend that even though the Doctor has stated that

claimant has sustained disability, the Tribunal has not awarded anything towards loss of future income due to disability. PW.2 – Doctor has stated that the claimant has sustained 50% disability to left upper limb and 20% to right lower limb and 27% to the whole body. PW.2 – Doctor has also stated that implants have been fixed to the upper limb and lower limb and they are required to be removed and the claimant has to undergo surgeries. Inspite of that the Tribunal has not awarded future medical expenses. With this he prayed to allow the appeal.

¶7Learned counsel for respondent Nos.1 and 3 both submit that the Doctor has stated in his cross-examination that the fractures are united and the Doctor is not the treated Doctor. The claimant has not produced any document to show loss of his income. With this they prayed to dismiss the appeal.

¶8Having heard the learned counsels, the Court has perused the judgment, award and other materials placed on record.

¶9The accident occurred on 29.05.2018 and as on the date of accident the claimant was aged 48 years. It is stated that the claimant was working as a Chef in a Bar and Restaurant. The claimant has sustained Type 3B open fracture both bones of left forearm and Type 3B open fracture both bones of right leg. PW.2 is the Doctor who examined the claimant and has assessed disability of 50% to left upper limb, 20% to right lower limb and 27% to the whole body. Even inspite of the said disability assessed by the Doctor, the Tribunal has not awarded any compensation towards loss of future income due to disability only on the ground that document has not been produced by the claimant to show the loss of future income. Since the claimant was working as a Chef in a Bar and Restaurant, the disability sustained by him due to accidental injuries will definitely affect his work as Chef.

Considering the said evidence of PW.2 – Doctor, the functional disability is to be taken at 15%. The Tribunal has taken the notional income at Rs.12,500/-. As the claimant is aged 48 years, the multiplier applicable is 13. In view of the above, loss of future income is calculated as under: Rs.12,500 x 12 x 13 x 15%= Rs.2,92,500/-

¶10The Doctor has stated that the implants are fixed to upper limb and also to lower limb and claimant has to undergo surgery for removal of implants. Considering the said aspect, the claimant is entitled to future medical expenses of Rs.60,000/-. The claimant is not seeking any enhancement of compensation awarded by the Tribunal under other heads.

¶11In view of the above, the claimant is entitled to enhanced compensation of Rs.3,52,500/- (Rs.2,92,500/- + Rs.60,000/-). Consequently, the claimant is entitled to enhanced compensation of Rs.3,52,500/- with interest @

6% p.a. from the date of petition till realization. The claimant is not entitled to interest on future medical expenses of Rs.60,000/-. The claimant is also not entitled to interest for the delay period of 121 days in filing the appeal as per order dated 07.01.2026 passed on I.A.1/2025. The Tribunal has fixed liability on respondent Nos.1 and 3 at 50% each. Therefore, the respondent Nos.1 and 3 are equally liable to pay the enhanced compensation amount with interest.

¶12In 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.3,52,500/- with interest at the rate of 6% per annum from the date of petition till realization.

iii) Respondent Nos.1 and 3 shall deposit the enhanced compensation in the ratio of 50% each.

iv) The claimant is not entitled to interest for the delay period of 121 days in filing the appeal.

v) The claimant is not entitled to interest on future medical expenses of Rs.60,000/-.

vi) The appellant -claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 2 Sl No.: 39 Ct.sm