MAHADEVAMURTHY G vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 6059 OF 2021
(MV-I)
BETWEEN:
MAHADEVAMURTHY G.,
S/O GURUBASAPPA DEVARU,
AGED ABOUT 33 YEARS,
R/A ALANAHALLI VILLAGE AND POST,
HAMPAPURA HOBLI, H. D. KOTE TALUK,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
MYSURU DISTRICT.
…APPELLANT
(BY SRI. SYED ABDUL SABOOR., ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
RURAL DIVISION K.S.R.T.C.,
BANNIMANTAP,
MYSURU – 570 015.
…RESPONDENT
(BY SRI. D. VIJAYAKUMAR., ADVOCATE)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 16.07.2020, PASSED
IN MVC.NO.423/2019, ON THE FILE OF THE III
ADDITIONAL DISTRICT JUDGE AND M.A.C.T. AT MYSURU,
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 S RACHAIAH
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
ORAL JUDGMENT
The appellant is before the Court seeking enhancement of
compensation being aggrieved by the judgment and award
dated 16.07.2020 passed in MVC.No.423/2019 on the file of the
III Additional District Judge and MACT, Mysuru.
Brief facts of the case:
2. The petitioner was traveling in a KSRTC bus from
Mysuru Maharaja College bus stop to go to his village on
18.02.2019. When the bus reached Gaddige Main Road,
Jattihundi Village, the tyre of the bus was burst. Consequently,
he suffered injury to his legs and also other parts of the body.
He was admitted to Brindavan Hospital for treatment and he
has undergone surgery. Therefore, he filed a claim petition
before the Tribunal and the Tribunal awarded a compensation
of Rs.2,11,089/- with interest at the rate of 6% per annum.
3. The submission of the learned counsel for the
appellant is that the award passed by the Tribunal is not in
consonance with the evidence on record. The compensation
awarded under different heads are not adequate. In fact, the
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
income of the injured should have been considered as per
notional income chart. However, the Tribunal did not consider
the same in accordance with law. Hence, the notional income of
Rs.14,000/- to be considered as income. The Tribunal has
arbitrarily considered the disability at 15%, which is required to
be enhanced to 17% accordance with law. Therefore, the
appeal may be allowed and compensation is required to be
enhanced in accordance with law. Making such submissions,
learned counsel for the appellant prays to allow the appeal.
4. Per contra , learned counsel for respondent-
Insurance Company vehemently justified the judgment and
award passed by the Tribunal and prays to dismiss the appeal.
5. Having heard the learned counsel for the respective
parties and on perusal of the findings of the Tribunal, it is an
undisputed fact that the accident had occurred on 18.02.2019
and the appellant was a passenger in the said KSRTC bus. The
Tribunal considered the notional income and opined that the
appellant is an agriculturist. Therefore, the said notional income
is held to be erroneous for the reason that it is not in
consonance with the guidelines. Hence, it has to be enhanced
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
to Rs.14,000/-. In addition to that, the Tribunal has considered
the disability as 15%. However, the said conclusion is contrary
to the evidence on record. In fact, the injured has suffered
partial permanent disability of right lower limb at 21% and left
rd
lower limb at 30%. If 1/3 is considered, it comes to 17%.
Therefore, the compensation is required to be enhanced is as
follows:
Sl.
No.
Award amount
Particulars (in Rupees)
Tribunal This Court
01 Pain and suffering 30,000/- 30,000/-
02 Loss of future income 2,59,200/- 4,56,960/-
(Rs.14,000 X 12 X 16 X 17%)
03 Medical expenses 22,589/- 22,589/-
04 Incidental Charges:
Food, diet, nourishment
and transportation charges
10,000/- 10,000/-
05 Loss of amenities 10,000/- 40,000/-
06 Loss of income during
treatment
(Rs.14,000/- X 3)
4,500/- 42,000/-
07 Future medical expenses 25,000/- 25,000/-
TOTAL 3,61,089/- 6,26,549/-
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
6. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
16.07.2020 passed in MVC.No.423/2019 on the file
of the III Additional District Judge and MACT,
Mysuru, is modified, granting compensation of
Rs.6,26,549/- (Rupees Six Lakhs Twenty Six
Thousand Five Hundred and Forty Nine Only) as
against Rs.2,11,089/- awarded by the Tribunal.
iii) The claimant is entitled to entire
compensation of Rs.6,26,549/- with interest at the
rate of 6% per annum from the date of this appeal
till realization. However, the compensation of
Rs.25,000/- under the head of future medical
expenses will not carry any interest.
iv) The entire compensation amount shall be
deposited by the respondent within a period of six
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HC-KAR
NC: 2026:KHC:59701
MFA No. 6059 of 2021
CNR: KAHC010353252020
weeks from the date of receipt of the certified copy
of this judgment.
v) The Tribunal is directed to release the
entire amount in favour of the claimant.
vi) The Registry is directed to communicate
the order to the Tribunal and send the records to the
Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 14