SRI BASAVARAJ @ BASAPPA S/O VENKAPPA vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 101282 OF 2026 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101284 OF 2026 (MV-I)
IN MFA No. 101282/2026
BETWEEN:
SRI. GURUNATHREDDY
S/O. MOKSHREDDY MELAGIRI,
AGE: 61 YEARS, OCC: NOW NIL
(AGRICULTURE AND KIRAN SHOP)
R/O. KUSAGUR VILLAGE OF
RENEBENNUR TALUKA,
HAVERI DISTRICT.
…APPELLANT
(BY SRI. ANJANEYA M, ADVOCATE)
AND:
THE MANAGING DIRECTOR
KSRTC, HAVERI DIVISION,
HAVERI REPTD BY ITS DEPOT MANAGER,
RANEBENNUR DEPOT,
DIST: HAVERI.
…RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS HEAR
THE PARTIES AND MAY KINDLY BE MODIFIED THE JUDGMENT AND
AWARD DATED 10.07.2023 BY ENHANCING THE COMPENSATION IN
MVC NO.862/2020 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE
AND ADDL. MACT, RANEBENNUR, BY ALLOWING THIS APPEAL WITH
COST IN THE ENDS OF JUSTICE AND EQUITY.
- 2 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
IN MFA NO. 101284/2026
BETWEEN:
SRI. BASAVARAJ @ BASAPPA
S/O. VENKAPPA
@ VENKAREDDY KARIYATTINA
AGE: 36 YEARS, OCC: DRIVING WORK,
R/O: HANAGAVADI
VILLAGE OF HARIHAR TALUK,
DIST: DAVANGERE.
...APPELLANT
(BY SRI. ANJANEYA M, ADVOCATE)
AND:
THE MANAGING DIRECTOR, KSRTC,
HAVERI DIVISION, HAVERI,
REPTD. BY ITS DEPOT MANAGER,
RANEBENNUR DEPOT, RANEBENNUR,
DIST: HAVERI.
(OWNER AND SELF INSURER OF KSRTC
BUS BEARING REG NO. KA-27/F-305)
...RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS
HEAR THE PARTIES AND MAY KINDLY BE MODIFIED THE
JUDGMENT AND AWARD DATED 10.07.2023 BY ENHANCING THE
COMPENSATION IN MVC NO.861/2020 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE AND ADDL. MACT, RANEBENNUR, BY
ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE
AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
- 3 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
ORAL JUDGMENT
Aggrieved by the judgment and award dated 10.07.2023
passed in MVC Nos.861/2020 and 862/2020 by the II Additional
Senior Civil Judge, and Additional M.A.C.T., Ranebennur, (for
short, ‘Tribunal’), the petitioners being the appellants preferred
these appeals seeking enhancement of compensation.
2. Parties are hereinafter referred to as per their
ranking before the Tribunal for the sake of convenience.
3. Brief facts of the case are that on 13.02.2020, the
petitioners were travelling as authorized passengers in a KSRTC
bus bearing No.KA-27/F-305 from Ranebennur towards
Kusagur. At about 7:00 p.m., near Sai Public School, Halageri,
the driver drove the bus at high speed and in a rash and
negligent manner and crossed a speed breaker without proper
care. Due to the impact, the petitioners were thrown from their
seats and sustained grievous injuries. They were immediately
shifted to Government Hospital, Ranebennur and later shifted
to other hospitals, where they took treatment as inpatients and
continued follow-up treatment. The petitioner in MVC No.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 4 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
861/2020 was working as a driver and earning about Rs.30,000
per month, while the petitioner in MVC No. 862/2020 was doing
agriculture and running a grocery shop, earning about
Rs.45,000 per month. Due to their injuries, they are unable to
continue their work and have suffered loss of income and
permanent disability. They incurred substantial medical
expenses and require further treatment.
4. Accordingly, petitioners filed claim petitions
claiming for compensation.
5. On filing of the petitions, notice issued to the
respondent, who appeared through counsel and filed objections
denying the negligence of the bus driver, as well as the age,
avocation and income of the petitioners. The respondent also
disputed the treatment, medical expenses and future medical
expenses. It was further contended that there was a delay in
lodging the complaint and that the petitions were bad for non-
joinder of necessary parties. Hence, it sought for dismissal of
the petitions.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 5 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
6. On the basis of said contentions of the parties, the
Tribunal has framed the following issues:
“COMMON ISSUES
1. Whether the petitioner proves that, he has sustained
injuries in the road traffic accident which was
occurred on 13.02.2020, at about 19.00 hrs,
infront of Sai Public School at Halageri on
Ranebennur-Kod road, on account of rash and
negligent riding of KSRTC bus bearing
Reg.No.KA.27/F-305 by its rider?
2. Whether the respondent is entitled for exoneration
from the liability on the grounds urged in his
written statement?
3. Whether the petitioner is entitled for compensation?
If so, to claim compensation as prayed for? If so,
from whom? What is the quantum? At what rate of
interest?
4. What order or award?”
7. Before the Tribunal, the petitioners examined
themselves as PWs.1 and 2 and examined Dr. Manoj P. Sawkar
and Dr. Ramesh Pujar as PWs.3 and 4. They produced 29
documents marked as Exs.P1 to P29. The respondent examined
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 6 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
its employee as RW1 but did not produce any documentary
evidence.
8. On hearing the argument, the Tribunal allowed the
claim petitions in part and awarded compensation under
following heads:
In MVC No.861/2020
1 Medical expenses ₹ 2,33,746/-
Attendant charges, extra
2 nutritious food & conveyance ₹ 20,000/-
charges.
3 Pain and sufferings ₹ 25,000/-
Loss of future income on account
4 ₹ 5,28,000/-
of permanent disability:
Loss of income during laid up
5 ₹ 13,750/-
period
6 Future medical expenses ₹ 10,000/-
Total ₹ 8,30,496/-
In MVC No.862/2020
1 Attendant charges, extra
nutritious food & conveyance
charges.
₹ 10,000/-
2 Pain and sufferings. ₹ 25,000/-
3 Loss of future income on account ₹ 1,48,500/-
of permanent disability.
4 Loss of income during laid up ₹ 13,750/-
period.
5 Future medical expenses. ₹ 10,000/-
Total ₹ 2,07,250/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 7 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
9. Aggrieved by the same, the petitioners filed these
appeals.
10. Learned counsel for the petitioners argued that the
petitioner in MVC No.862/2021 suffered disability to the extent
of 31%, but the Tribunal assessed the disability to the extent of
10% to the whole body. The petitioner in MVC No.861/2020
suffered a disability to the extent of 65% but the Tribunal
assessed the disability to the extent of 20% to the whole body
which is on higher side. It is also argued that the petitioners
have sustained grievous injury of D-12 compression fracture
with DM 2 HTN and underwent surgery for posterior with
pedicle screw. Further it is argued that the compensation
awarded by the Tribunal is on lower side and pray for
enhancement.
11. Per contra , learned counsel for the respondent
Sri.S.C.Bhuti argued that the petitioners are not examined by
treated the doctor. P.W.3 is the doctor who assessed the
disability of the petitioners, but his evidence cannot be looked
into as he has not given any treatment to the petitioners.
Further it is argued that compensation awarded by the Tribunal
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 8 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
is adequate. It does not call for any interference from this
Court. Further it is argued that the Tribunal awarded interest at
the rate of 9% on the compensation amount, which deserved to
be modified. Accordingly, prayed for dismissal of the appeal.
12. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
(i) Whether the petitioners prove that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
(ii) What order?
13. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Point No.(ii): As per the final order, for the
following:
Regarding Point No.(i):
In MFA No.101284/2026 (MVC No.861/2020)
14. The petitioner has suffered injuries i.e., anterior
wedge compression fracture of D-12 vertebral body with
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 9 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
restropulsion of Poster superior corner of the D-12 thecal sac
and L-2 vertebral body and he has taken treatment at Om
Hospital for a period of 20 days and undergone operation.
P.W.3 doctor assessed the disability to the extent of 65%. On
looking into the injury sustained by the petitioner medical
records, the Tribunal rightly assessed the functional disability to
the extent of 20% to the whole body. The income also assessed
by the Tribunal at the rate of ₹13,750/- as the petitioner was
aged 32 years at the time of accident and the accident occurred
in the year 2020. So this Court is of opinion that the Tribunal
rightly awarded adequate compensation under the head of loss
of future income .
15. The Tribunal has awarded ₹13,750/- under the
head of loss of income during laid-up period. This Court is of
the opinion that by looking into the fracture sustained by the
petitioner at least 3 months time is required for him to recover.
During that period, he was not in a position to work and earn.
So it is reasonable to award a compensation of ₹35,000/-
under the head of loss of income during laid up period .
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 10 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
16. The Tribunal has awarded compensation under the
head of medical expenses based on the document produced
before the Tribunal. It does not call for any interference.
17. The Tribunal has rightly awarded compensation
under the head of attendant charges, conveyance charges
etc ., at ₹20,000/- and medical expenses at ₹2,33,746/-
which does not call for any interference.
18. The Tribunal has awarded ₹25,000/- under the
head of pain and suffering . It is enhanced to ₹40,000/- .
19. Further, Tribunal has not awarded any
compensation under the head of loss of amenities. By looking
into the injury sustained by the petitioner and this Court is of
the opinion that the injury suffered by him definitely it affects
his comforts and happiness. Hence, it is reasonable to award
compensation of ₹25,000/- under the head of loss of
amenities .
20. In all the compensation is awarded under the
following heads:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 11 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
1 Medical expenses ₹2,33,746/-
Attendant charges, extra
2 nutritious food & conveyance ₹20,000/-
charges.
3 Pain and sufferings ₹40,000/-
Loss of future income on account
4 ₹5,28,000/-
of permanent disability
Loss of income during laid up
5 ₹35,000/-
period
6 Towards loss of amenities ₹25,000/-
Total ₹8,81,746/-
21. Accordingly, the petitioner is entitled to receive
compensation of ₹8,81,746/- as against ₹8,30,496/- awarded
by the Tribunal.
In MFA No.101282/2026 (MVC No.862/2020)
22. The Ex.P.24 wound certificate, reflects that he has
th
suffered a fracture of compression of the 12 thorasic vertebra
(D12) and other minor injuries. The wound certificate issued
marked as Ex.P.24. P.W.3 doctor has assessed the disability of
the petitioner to the injuries sustained and issued a disability
certificate as per Ex.P.25. He assessed the disability to the
extent of 31% to the particular level. Further, it reflects that
the fracture was malunited. He has stated that, petitioner was
treated as inpatient for 10 days. The petitioner was aged 60
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 12 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
years at the time of accident. So the multiplier applicable would
be ‘9’. Since, the petitioner has not produced any documents
for income, the Tribunal assesses the income at ₹13,750/-,
which is proper and correct. The Tribunal has assessed the
disability to the extent of 10% to the whole body and by
considering the income, by applying the proper multiplier and
assessing the 10% disability, the Tribunal rightly awarded a
compensation under the head of loss of future income , which
does not call for any interference. But the Tribunal has awarded
₹13,750/- under the head of loss of income during laid up
period, which is inadequate, and it is enhanced to ₹35,000/-
under the head of loss of income during laid up period .
23. The Tribunal has rightly awarded a compensation
under the head of attendant charges, food, nourishment
and conveyance charges etc., at ₹10,000/- and medical
expenses at ₹10,000/- does not call for any interference.
24. The Tribunal has awarded ₹25,000/- under the
head of pain and suffering . It is enhanced to ₹40,000/- .
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 13 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
25. The Tribunal has not awarded any compensation
under the head of loss of amenities. By looking into the injuries
sustained by the petitioner and hospitalization, it is reasonable
to award ₹20,000/- under the head of loss of amenities .
26. In all the compensation is awarded under the
following heads:
1 Medical expenses ₹10,000/-
Attendant charges, extra
2 nutritious food & conveyance ₹10,000/-
charges.
3 Pain and sufferings ₹40,000/-
Loss of future income on account
4 ₹1,48,500/-
of permanent disability:
Loss of income during laid up
5 ₹35,000/-
period
6 Towards loss of amenities ₹20,000/-
Total ₹2,63,500/-
27. Accordingly, the petitioner is entitled to receive
compensation of ₹2,63,500/- as against ₹2,07,250/- awarded
by the Tribunal.
28. In view of the above discussion, point No.(i) is
answered partly in the affirmative .
29. Regarding point No.(ii) : In view of the findings
on point Nos.(i), this Court proceeds to pass the following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 14 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
ORDER
(i) The appeals filed by the petitioners are
allowed in part.
(ii) The impugned judgment and award passed
by the Tribunal is modified.
(iii) The petitioner in MFA No.101284/2026
(MVC No.861/2020) is entitled to receive
compensation of ₹8,81,746/- as against
₹8,30,496/- awarded by the Tribunal.
(iv) The petitioner in MFA No.101282/2026
(MVC No.862/2020) is entitled to receive
compensation of ₹2,63,500/- as against
₹2,07,250/- awarded by the Tribunal.
(v) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
(vi) The respondent is liable to pay the
enhanced compensation to the petitioners
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026
- 15 -
HC-KAR
NC: 2026:KHC-D:16427
MFA No. 101282 of 2026
C/W MFA No. 101284 of 2026
CNR: KAHC020068532026
and is directed to deposit the same, along
with accrued interest, before the Tribunal
within four weeks from the date of receipt
of the certified copy of this judgment.
(vii) Draw modified award accordingly.
(viii) Registry to transmit the Trial Court Records
forthwith.
(ix) In view of disposal of this appeal, pending
applications, if any, do not survive for
consideration and the same are accordingly
disposed of.
(K.G.SHANTHI)
JUDGE
SSP
List No.: 1 Sl No.: 53
Digitally Signed by KADAMBADI
GANESH SHANTHI on 13-10-2026