SUVARNA vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 3698 OF 2026
(MV-I)
BETWEEN:
SUVARNA
W/O CHENNA GOWDA
NOW AGED ABOUT 57 YEARS
R/AT No.300, KALIKA NAGARA
ANDHRDAHALLI, BANGALORE NORTH
VISWANEEDAM. BANGALORE NORTH
BANGALORE-560 091.
…APPELLANT
(BY SRI N R RANGEGOWDA, ADVOCATE)
AND:
THE MANAGING DIRECTOR
TH
KSRTC, 5 FLOOR
K.H. ROAD, SHANTHINAGAR
BANGALORE-560 027.
…RESPONDENT
(BY SRI F S DABALI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:25/04/2025
PASSED IN MVC No.655/2024 ON THE FILE OF THE XXI
ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
CLAIMS TRIBUNAL, BENGALURU (SCCH- ., 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 25.04.2025 passed in MVC No.655/2024 by
the XXI Additional Small Cause Judge and Member, MACT,
Bengaluru (SCCH-23).
2. Even 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.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 07.01.2024 contending
that the accident occurred due to rash and negligent
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
driving of the driver of KSRTC bearing Regn.No.KA-40-F-
0788. 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.)
01. Attendant charges, extra
nutritious food and conveyance
charges
10,500/-
02. Pain and suffering 50,000/-
03. Loss of income during laid up 49,500/-
period
04. Medical expenses 1,00,300/-
05. Loss of future income due to 89,100/-
disability
06. Loss of future amenities and 50,000/-
happiness
Total 3,49,400/-
4. The Tribunal 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 claimant seeking enhancement of
compensation has filed the present appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
5. Heard learned counsel for the appellant and
learned counsel for respondent/KSRTC.
6. The accident occurred on 07.01.2024 and as on
the date of accident the claimant was aged 56 years.
Considering the said age of the claimant, the Tribunal has
rightly applied ‘9’ multiplier. The notional income fixed for
the year 2024 by the Karnataka State Legal Services
Authority is Rs.17,000/- p.m. and the said income is to be
taken as against Rs.16,500/- taken by the Tribunal.
7. The claimant has sustained the following injuries:
•
SDH in left fronto parieto temporal region.
•
SDH in B/L frontal contusions.
•
SDH in inter hemispheric fissure and left
temporal.
•
Hemorrhageic contusions in B/L basi frontal
contusion and in the right medial temporal
cover.
In view of injuries sustained by claimant, the
compensation awarded by the Tribunal towards pain and
suffering in a sum of Rs.50,000/- is enhanced to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
Rs.80,000/- and loss of amenities awarded in a sum of
Rs.50,000/- is enhanced to Rs.60,000/-.
8. Considering the injuries sustained by the claimant,
the claimant has to take rest atleast for three months and
therefore, he is entitled to loss of income during laid up
period in a sum of Rs.51,000/- (Rs.17,000 x 3 months) as
against Rs.49,500/- awarded by the Tribunal.
9. The claimant has been admitted in the hospital for
07 days and considering the same and the bill produced,
the Tribunal has rightly awarded attendant and
conveyance charges, food and nourishment in a sum of
Rs.10,500/- and medical expenses of Rs.1,00,300/-.
10. PW.3- Doctor is the Neurologist and he has
examined the claimant, assessed his disability and stated
that the claimant has sustained 10% disability. The said
disability is neuro disability, therefore, the entire disability
of 10% is to be taken to the whole body. In view of the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
above, the loss of future income due to disability is
calculated as under:
Rs.17,000 x 12 x 9 x 10% = Rs.1,83,600/-
11. In view of the above, the claimant is entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 80,000/-
02. Loss of amenities 60,000/-
03. Loss of income during laid up 51,000/-
period
04. Attendant and conveyance
charges, food and nourishment
etc.
10,500/-
05. Medical expenses 1,00,300/-
06. Loss of future income 1,83,600/-
Total 4,85,400/-
12. Considering the above aspects, the claimant is
entitled to total compensation of Rs.4,85,400/- as against
Rs.3,49,400/- awarded by the Tribunal with interest.
Consequently, the claimant is entitled to enhanced
compensation of Rs.1,36,000/- with interest @ 6% p.a.
from the date of petition till realization. The claimant is not
entitled to interest for the delay period of 254 days in
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:61250
MFA No. 3698 of 2026
CNR: KAHC010362492026
filing the appeal as per order dated 28.09.2026 passed on
I.A.1/2026. Respondent/KSRTC is liable to pay the said
enhanced compensation with interest.
In 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.1,36,000/-
with interest @ 6% p.a. from the date of
petition till realization.
iii) Respondent/KSRTC shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
iv) The appellant/claimant is not entitled to
interest for the delay period of 254 days in
filing the appeal.
v) The appellant/claimant is entitled to release
of entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 39
Ct.sm