Pratheep @ Pradeep v. The Divisional Manager

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4166 OF 2025 (MV-I) C/W MISCELLANEOUS FIRST APPEAL No. 4169 OF 2025 (MV-I)

IN MFA No. 4166/2025 BETWEEN:

SHIVANNA. G. R. S/O RAJA, AGED ABOUT 23 YEARS R/AT NO.140, VTC GANANGURURU VILLAGE K.SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571 438.

…APPELLANT

(BY SRI SREENIVASAN M Y, ADVOCATE)

AND:

THE DIVISIONAL MANAGER K.S.R.T.C MANDYA DIVISION

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:45794( MFA(No.(4166(of(2025( C/W(MFA(No.(4169(of(2025( ,,,,,,,,,, , CNR:(KAHC010356742025( ( ( MANI,DEPO,,BANNIMANTAP, MYSORE-570,001., , …RESPONDENT, , (BY,SRI,K,NAGARAJA,,ADVOCATE), , , THIS,MFA,IS,FILED,UNDER,SECTION,173(1),OF,MV,ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED:30.11.2024, PASSED, IN, MVC, No.451/2023, ON, THE, FILE, OF, THE,, ADDITIONAL, SENIOR, CIVIL, JUDGE,, MACT,, SRIRANGAPATNA,, PARTLY,ALLOWING,THE,CLAIM,PETITION,FOR,COMPENSATION, AND,SEEKING,ENHANCEMENT,OF,COMPENSATION., , IN(MFA(No.(4169/2025, ( BETWEEN:, , PRATHEEP,@,PRADEEP, S/O,LATE,SRINIVASA, AGED,ABOUT,37,YEARS, R/AT,No.140,,V,T,C, GANANAGURURU,VILLAGE, K,SHETTAHALLI,HOBLI, SRIRANGAPATNA,TALUK, MANDYA,DISTRICT,–,571,438., ...APPELLANT, (BY,SRI,SREENIVASAN,M,Y,,ADVOCATE), ( AND:, , THE,DIVISIONAL,MANAGER, K.S.R.T.C,MANDYA,DIVISION, MANI,DEPO,,BANNIMANTAP, MYSORE,–,570,001., ...RESPONDENT, , (BY,SRI,K,NAGARAJA,,ADVOCATE), ,

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:30.11.2024 PASSED IN MVC No.452/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

MFA No.4166/2025 is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 30.11.2024 passed in MVC No.451/2023 by Additional Senior Civil Judge and MACT, Srirangapatna.

¶2MFA No.4169/2025 is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 30.11.2024 passed in MVC No.452/2023 by Additional Senior Civil Judge and MACT, Srirangapatna.

¶3The claimants in both claim petitions made claim petition praying to award compensation for the injuries sustained by them in a road traffic accident occurred on

23.02.2023 contending that the accident occurred due to rash and negligent driving of driver of KSRTC bus bearing Regn.No.KA-09-F-5124. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: In MVC No.451/2023 Sl.No. Heads Amount in (Rs.)

¶01Pain, shock and agony 30,000/-

¶02Medical expenses 22,000/-

¶03Food, diet, nourishment, conveyance and other incidental expenses 3,000/-

¶04Loss of income during treatment period 11,983/-

¶05Loss of income towards permanent disability 1,71,156/-

¶06Disappointment and discomfort and loss of amenities 15,000/-

Total 2,53,139/-

In MVC No.452/2023 Sl.No. Heads Amount in (Rs.)

¶01Pain, shock and agony 30,000/-

¶02Medical expenses 10,500/-

¶03Food, diet, nourishment, conveyance and other incidental expenses 3,000/-

¶04Loss of income during treatment period 13,244/-

¶05Loss of income towards permanent disability 1,66,860/-

¶06Disappointment and discomfort and loss of amenities 15,000/-

Total 2,38,604/-

¶4The Tribunal has 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 claimants in both the claim petitions have filed present appeals seeking enhancement of compensation awarded by the Tribunal.

¶5Heard learned counsel for the appellants in both the appeals and learned counsel for respondent/KSRTC.

¶6Learned counsel for appellants would contend that the notional income fixed by the Karnataka State Legal

Services Authority for the year 2023 is Rs.16,250/- and that is to be taken as against the income taken by the Tribunal based on minimum wages. The Tribunal has rightly taken the disability considering the evidence of Doctor in both the claim petitions and rightly applied multiplier. Considering injuries sustained compensation awarded for pain and suffering, loss of income during laid up period, loss of amenities are on lower side. With this he prayed to allow the appeals.

¶7Learned counsel for respondent/KSRTC would contend that the Tribunal has rightly taken the income of the claimants based on minimum wages and the compensation awarded by the Tribunal on all heads is just and proper and there are no grounds for enhancement. With this he prayed to dismiss the appeals.

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

¶9The Tribunal in both the claim petitions has taken the notional income of the claimants based on minimum wages i.e. Rs.11,983/- and Rs.13,244/- respectively. The notional income fixed for the year 2023 by the Karnataka State Legal Services Authority is Rs.16,250/- and the said income is to be taken as against the income taken by the Tribunal in both the claim petitions. The claimants in both the claim petitions have not challenged the disability taken by the Tribunal and the multiplier applied.

¶10Considering the above aspect, loss of future income in MFA No.4166/2025 (MVC No.451/2023) is calculated as under: Rs.16,250 x 12 x 17 x 9% = Rs.2,98,350/-

¶11The loss of future income in MFA No.4169/2025 (MVC No.452/2023) is calculates as under: Rs.16,250 x 12 x 15 x 7% = Rs.2,04,750/-

In MVC No.4166/2025 (MVC No.451/2023)

¶12The claimant has sustained the following injuries: • Open lacerated wound on left upper eyelid. • Abrasion and continuation over the face. • Abrasion over the left forelimb around knee joint.

¶13Out of the said injuries, injury No.1 is grievous in nature and it is fracture of knee. The claimant has been admitted in the hospital for three days. Considering the injuries sustained, the claimant is entitled to compensation towards pain and suffering in a sum of Rs.50,000/-as against Rs.30,000/-awarded by the Tribunal and loss of amenities in a sum of Rs.30,000/-as against Rs.15,000/-awarded by Tribunal. Considering injuries sustained by the claimant, the claimant has to take rest atleast for 3 months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.48,750/-

(Rs.16,250 x 3 months). The Tribunal has rightly awarded medical expenses, attendant and conveyance charges.

¶14In 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/-

¶02Loss of amenities 30,000/-

¶03Loss of future income 2,98,350/-

¶04Loss of income during laid up period 48,750/-

¶05Medical expenses 22,000/-

¶06Attendant and conveyance charges 3,000/-

Total 4,52,100/-

¶15Considering the above aspects, the claimant is entitled to total compensation of Rs.4,52,100/- as against Rs.2,53,139/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,98,961/- with interest @ 6% p.a. from date of petition till realization. Respondent/KSRTC is liable to pay enhanced compensation with interest.

MVC No.4169/2025 (MVC No.452/2023)

¶16The claimant has sustained the following injuries: • Pain and swelling in the right lower limb around ankle joint. • Abrasion over the right forehead.

¶17Out of the said injuries, injury No.1 is grievous in nature and it is fracture of ankle. Considering the said injuries sustained, the claimant is entitled to compensation towards pain and suffering in a sum of Rs.40,000/- as against Rs.30,000/- awarded by the Tribunal and loss of amenities in a sum of Rs.25,000/- as against Rs.15,000/- awarded by the Tribunal. Considering the said injuries sustained by the claimant, he has to take rest atleast for 3 months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.48,750/- (Rs.16,250 x 3 months). The Tribunal has rightly awarded medical expenses, attendant and conveyance charges.

¶18In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Pain and suffering 40,000/-

¶02Loss of amenities 25,000/-

¶03Loss of future income 2,04,750/-

¶04Loss of income during laid up period 48,750/-

¶05Medical expenses 10,500/-

¶06Attendant and conveyance charges 3,000/-

Total 3,32,000/-

¶19Considering the above aspects, the claimant is entitled to total compensation of Rs.3,32,000/- as against Rs.2,38,604/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.93,396/- with interest @ 6% p.a. from the date of petition till realization. Respondent/KSRTC is liable to pay the enhanced compensation with interest.

¶20In view of the above, the following: ORDER

i) Both the appeals are allowed in part.

ii) The appellant/claimant in MFA No.4166/2025 (MVC No.451/2023) is entitled to enhanced compensation of Rs.1,98,961/- with interest @ 6% p.a. from the date of petition till realization.

iii) The appellant/claimant in MFA No.4169/2025 (MVC No.452/2023) is entitled to enhanced compensation of Rs.93,396/- with interest @ 6% p.a. from the date of petition till realization.

iv) Respondent/KSRTC shall deposit enhanced compensation with interest in both the appeals before the Tribunal within a period of six weeks from this day.

v) Appellants/claimants are entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 2 Ct.sm