THE DIVISIONAL CONTROLLER vs AKASH @ AKASH D.G
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 824 OF 2025 (MV-I)
BETWEEN:
THE DIVISIONAL CONTROLLER
KSRTC DIVISIONAL OFFICE,
KUKRUMPADY DARBE POST,
PUTTUR TALUK, D.K. DISTRICT -574 202
(KSRTC BUS BEARING REG NO.KA-21-F-0071)
POLICY NO. KARNATAKA GOVT,
ORDER NO. HTDMV -106/68
NOW REPRESENTED BY IT'S
CHIEF LAW OFFICE, KSRTC, CENTRAL OFFICE,
SHANTHINAGAR, K.H. ROAD,
BENGALURU - 560 027.
…APPELLANT
(BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)
AND:
AKASH @ AKASH D.G.
S/O GIRIYAPPA GOWDA,
AGED ABOUT 21 YEARS,
R/O DASARAKODI HOUSE,
NETLAMUDNOOR POST AND VILLAGE,
BANTWAL TALUK,
D.K. DISTRICT -574 211,
NOW R/AT KABAKA OF PUTTUR,
KASAB VILLAGE,
D.K. DISTRICT -574 201
…RESPONDENT
(RESPONDENT SERVED BUT UNREPRESENTED)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.08.2024 PASSED IN MVC
NO.990/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND ACJM, PUTTUR D.K., AWARDING COMPENSATION OF
RS.,4,34,068/- WITH INTEREST AT 6 PERCENT P.A. FROM THE
DATE OF PETITION TILL REALISATION.
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 KSRTC challenging the
Judgment and Award dated 27.08.2024 passed in MVC
No.990/2022 by the Principal Senior Civil Judge and ACJM
and Additional MACT, Puttur, D.K.
2. Even though the matter is listed today for
admission, with the consent of the learned counsel for
KSRTC, the matter is taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
3. The claimant made a claim petition seeking for
award of compensation for the injury sustained by him in a
road traffic accident occurred on 0 3.01.2022 contending
that the accident occurred due to rash and negligent
driving by the driver of KSRTC bus bearing registration
No.KA-21-F-0071.
4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 20,000/-
2. Medical attendant and other
incidental charges
Rs. 2,000/-
3. Laid up period charges Rs. 7,750/-
4. Medical expenses Rs. 96,522/-
5. Loss of earning due to
disability
Rs. 2,57,796/-
6. Future medical expenses Rs. 40,000/-
7. Loss of amenities Rs. 10,000/-
Total Rs. 4,34,068/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
realisation and directed the KSRTC to pay the
compensation awarded.
6. Heard the learned counsel for the
appellant/KSRTC. Inspite of service of notice to
respondent/claimant, he remained absent and
unrepresented.
7. The accident occurred on 03.01.2022 and as on
the date of accident, the claimant was aged eighteen (18)
years. Considering the said age of the claimant, the
Tribunal rightly applied multiplier '18'.
8. The claimant has sustained the following
injuries:
i) Sutured wound of 4 cms. length on the
right side of head
ii) Brownish abrasion of 4 cms. X 2 cms. on
the back of right cheek with CT scan
showing fracture of mandible
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
iii) Brownish abrasion of 5 cms. X 4 cms. on
the back of right elbow
iv) Brownish abrasion of 3 cms. X 3 cms. on
the left elbow
v) Brownish abrasion of 2 cms. X 2 cms. on
the right hand
vi) Brownish abrasion of 5 cms. X 1 cm. on the
back of left hand
vii) Brownish abrasion of 6 cms. X 3 cms. on
the right knee
viii) Brownish abrasion of 4 cms. X 3 cms. on
the left knee.
9. Out of the said eight (08) injuries, one is
grievous injury i.e., at Sl.No.ii - fracture of mandible.
C.W.1 is the Doctor and he has examined the claimant,
assessed disability and stated that the claimant has
sustained disability at 15% with respect to face. The
Tribunal has taken the whole body disability at 7%. Since
the claimant is a student aged at eighteen (18) years and
the fracture is to the mandible, the disability taken by the
Tribunal at 7% is on higher side and the disability to the
whole body is to be taken at 5%.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
10. Since the disability is less than 20%, the
claimant is not entitled to future prospects. The Tribunal
has erred in adding future passports. The Tribunal has
rightly taken the notional income at Rs.15,500/- per
month. In view of the same, loss of future income due to
disability is calculated as under:
Rs.15,500/- X 12 X 18 X 5% = Rs.1,67,400/-
11. Considering the injuries sustained by the
claimant as noted supra, the compensation awarded by
the Tribunal in a sum of Rs.20,000/- towards pain and
sufferings is reassessed and awarded Rs.65,000/- and loss
of amenities awarded by the Tribunal in a sum of
Rs.10,000/- is reassessed and awarded Rs.50,000/-.
12. The Tribunal has rightly awarded the
compensation under other heads.
13. Considering all the above aspects, the
respondent/claimant is entitled to total compensation
under various heads as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 65,000/-
2. Attendant and conveyance
charges
Rs. 2,000/-
3. Loss of income during laid
up period
Rs. 7,750/-
4. Medical expenses Rs. 96,522/-
5. Loss of future income due to
disability
Rs. 1,67,400/-
6. Future medical expenses Rs. 40,000/-
7. Loss of amenities Rs. 50,000/-
Total Rs. 4,28,672/-
14. The respondent/claimant is entitled to total
compensation of Rs.4,28,672/- as against Rs.4,34,068/-
awarded by the Tribunal with interest at the rate of 6%
per annum from the date of petition till realisation.
15. The Tribunal has rightly excluded interest on
future medical expenses of Rs.40,000/-.
16. In view of the above, the following:
ORDER
I) Miscellaneous First Appeal is allowed-in-
part .
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
II) Judgment and Award passed by the
Tribunal is modified as under:
a) The respondent/claimant is entitled to
total compensation of Rs.4,28,672/-
as against Rs.4,34,068/- awarded by
the Tribunal with interest at the rate
of 6% per annum from the date of
petition till realisation.
b) The respondent/claimant is not
entitled to interest on future medical
expenses of Rs.40,000/-.
c) The KSRTC shall deposit the said
compensation amount with interest
before the Tribunal within a period of
six weeks from this day.
d) The amount in deposit is ordered to
be transmitted to the Tribunal.
e) Out of the compensation awarded,
50% shall be released to the
respondent/claimant and remaining
50% shall be kept in Fixed Deposit in
the name of the respondent/claimant
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:60497
MFA No. 824 of 2025
CNR: KAHC010062152025
in any Nationalised/Scheduled Bank
for a period of three (03) years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 32