SRI IMRAN vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6132 OF 2026
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL No. 1771 OF 2026
(MV-I)
IN MFA No. 6132/2026
BETWEEN:
SRI IMRAN
S/O. MOHAMMED YUSUF
AGED ABOUT 41 YEARS
R/O SHAMANNA GARDEN
HOSAGUDDAHALLI BAPUJI NAGARA.
GOVERNMENT ELECTRIC FACTORY.
BENGALURU- 560 026.
NOW RESIDING AT
KALIDASANAGARA, SIRAGATE
HOUSING BOARD, TUMKUR.
TUMKURU DISTRICT – 577 101.
…APPELLANT
(BY SRI. MALLIKARJUN B RYAKHA, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
REP. BY CHENNAPPA GOWDA
DIVISIONAL CONTROLLER OF CHICKBALLAPURA
KSRTC, CHIKKABALLAPURA
DIVISON CHICKKABALLAPURA- 562 101.
BRANCH OFFICE
THE MANAGING DIRECTOR
KARNATAKA STATE ROAD
TRANSPORTATION CORPORATION
TUMAKURU DIVISION BEHIND PRASHANTH TALKIES
OPPOSITE TO GUBBI
VEERANNA KALASHETRA
TUMKURU DISTRICT – 577 101.
…RESPONDENT
(BY SRI. JAGADEESH G S, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED.09-10-2025
PASSED IN MVC No.1629/2023 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT,
TUMAKURU PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA No. 1771/2026:
BETWEEN:
THE MANAGING DIRECTOR
DIVISION CONTROLLER OF CHIKKABALLAPURA KSRTC
CHIKKABALLAPUR DIVISION, CHIKKABALLAPURA.
OFFICE
THE MANAGING DIRECTOR KSRTC
TUMAKUR DIVISION, BEHIND PRASHANTHA
TALKIES, OPPOSITE TO
GUBBI VEERANNA KALASHETRA
TUMAKUR, DISTRICT.
REP. BY ITS CHIEF LAW OFFICER
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
CENTRAL OFFICES,
K. H. ROAD, SHANTHINAGAR,
BENGALURU-560 027.
...APPELLANT
(BY SRI. JAGADEESH G S, ADVOCATE)
AND:
IMRAN
S/O MOHAMMED YUSUF
AGED ABOUT 38 YEARS
RESIDING AT SHAMANNA GARDEN
HOSANGUDDADAHALLI, BAPUJI NAGAR
GOVERNMENT ELECTRIC FACTORY
BANGALORE-560 026.
NOW RESIDING AT KALIDASANAGARA, SIRAGATE
HOUSING BOARD, TUMAKURU.
TUMAKURU DISRTICT.
...RESPONDENT
(BY SRI MALLIKARJUN B RYAKHA, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:09.10.2025
PASSED IN MVC No.1629/2023 ON THE FILE OF THE III ADDL.
DISTRICT AND SESSIONS JUDGE AND MACT AT TUMAKURU,
PARTLY ALLOWING COMPENSATION OF Rs.31,58,185/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
ORAL JUDGMENT
1.
MFA No. 6132/2026 is filed by the claimant
seeking enhancement of the compensation awarded in
MVC No. 1629/2023 and the KSRTC has filed MFA No.
1771/2026 challenging the liability fastened on it to pay
the amount awarded in the judgment and award dated
09.10.2025 passed in MVC No. 1629/2023 by the III
Additional District and Sessions Judge and MACT,
Tumakuru.
2. Claimant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident that occurred on 17.10.2023
contending that the accident occurred due to the rash and
negligent driving by the driver of the bus bearing
registration No. KA-40-F-1123. The Tribunal after
recording evidence, appreciating the evidence on record,
assessed the compensation and awarded compensation
under different heads as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
1 Pain, shock and suffering Rs.1,00,000.00
2 Loss of amenities etc., Rs.50,000.00
3 Towards diet and Rs.20,000.00
conveyance charges
4 Loss of income during laid Rs.96,000.00
up period
5 Medical expenses Rs.12,185.00
6 Loss of future income Rs.28,80,000.00
Total Rs.31,58,185.00
3. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed the KSRTC to deposit the said
award amount with interest. Claimant has filed the appeal
seeking enhancement of the compensation awarded and
the KSRTC has filed the appeal challenging the liability
fastened on it.
4. Heard learned counsel for Corporation and
learned counsel for claimant.
5. Learned counsel for Corporation would contend
that the claimant was driving Autorickshaw bearing
registration No. KA-05-AE-7075 and he was not holding
Driving License to drive the Autorickshaw and at the time
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
of accident, he was not having the permit to drive the
Autorickshaw in Gowribidanuru and he violated the permit
and the same has been admitted by the claimant – P.W.1
in his cross-examination. Ex.P.15 – Driving License of the
claimant is for Light Motor Vehicle. As per Ex.P.4 – sketch,
accident occurred in the middle of the road and therefore
there is negligence on the part of the driver of the
Autorickshaw. Considering the same, the Tribunal ought to
have dismissed the claim petition filed against the KSRTC.
6. Learned counsel for claimant would contend
that charge sheet – Ex.P.9 is filed against the driver of the
bus for rash and negligent driving and for offence under
Sections 279, 338 and 304-A of IPC. The accident
occurred on the right side of the road on which the driver
of the bus was riding and it clearly indicates the rash and
negligent driving by the driver of the bus. Considering the
same, the Tribunal has rightly held that the accident
occurred due to the rash and negligent driving by the
driver of the KSRTC bus. He further submits that claimant
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
was aged 36 years as on the date of accident and he is a
driver and the Tribunal has considered his disability at
100% considering the evidence of the Doctor, but, has not
awarded future prospects at 40%. The Tribunal has taken
the notional income at Rs.16,000/- per month. Claimant is
a driver holding driving license to drive Light Motor Vehicle
and his income is to be taken higher than the notional
income and his income is to be taken at Rs.20,000/- per
month as per the decision of Division Bench of this Court
in the case of Smt. Madevi Manjunath Moger and
others Vs. Sri. Manjunath BHeema Gonda and
another, MFA No. 2606/2026 decided on 30.06.2026 .
He further submits that the compensation awarded by the
Tribunal towards pain and suffering and loss of amenities
is on lower side. With this, he prayed to allow the appeal
filed by the claimant.
7. Having heard learned counsel for the parties,
this Court has perused the judgment, award and trial
Court records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
8. The following points arise for consideration in
these appeals:
I. Whether the Tribunal is justified in fastening the
liability on the KSRTC?
II. Whether there are any grounds for enhancement
of the compensation awarded by the Tribunal?
9. REASONS ON POINT No. I : The accident
occurred on 17.10.2023 at 04.30 pm. Claimant was
driving his Autorickshaw bearing registration No. KA-05-
AE-7075. KSRTC bus bearing registration No. KA-40-F-
1123 came and dashed to the Autorickshaw of the
claimant. Ex.P.9 is the charge sheet and it is filed against
the driver of the bus for rash and negligent driving, for
offence under Sections 279, 338 and 304-A IPC. Ex.P.4 is
the sketch of the spot of accident and on perusal of Ex.P.4
it is seen that the accident has taken place on the right
side of the road on which the bus was moving and on the
left side of the road on which the Autorickshaw was
moving. That clearly indicates that the bus came to right
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
side and dashed to the Autorickshaw coming on the
opposite side, on its proper side, i.e., left side.
10. Ex.P.15 is the Driving License of the claimant to
drive Light Motor Vehicle. P.W.1 – claimant has admitted
that there is violation of permit. Claimant being a third
party, violation of permit has nothing to do with the
liability to pay the compensation amount by the KSRTC.
Considering the same, the Tribunal has rightly held that
the accident occurred due to the sole rash and negligent
driving by the driver of the bus. Accordingly, point No. I is
answered.
11. REASONS ON POINT No. II: The accident
occurred on 17.10.2023 and as on the date of accident
claimant was aged 36 years. Considering the said age of
the claimant, the Tribunal has rightly applied
multiplier `15’.
12. The Tribunal has taken the income of the
claimant at Rs.16,000/- per month which is the notional
income. Claimant is a driver holding Driving License to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
drive Light Motor Vehicle and his income is to be taken
higher than the notional income. Therefore, the income of
the claimant is taken at Rs.18,000/- per month.
13. Claimant has not challenged the disability taken
by the Tribunal at 100%. The Tribunal, even though has
taken the disability at 100%, has not added future
prospects at 40%. In view of the same, loss of future
income due to disability is calculated as under:
18,000 X 12 X 15 X 100% + 40% = Rs.45,36,000/-
14. Considering the injuries sustained by the
claimant, compensation awarded by the Tribunal towards
pain and suffering in a sum of Rs.1,00,000/- and loss of
amenities in a sum of Rs.50,000/- is just and proper.
15. Claimant was admitted in the hospital for 13
days and therefore, entitled to attendant, conveyance
charges, diet and nourishment in a sum of Rs.13,000/-
(Rs.1,000 X 13 days) as against Rs.20,000/- awarded by
the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
16. Since disability is taken as 100%, claimant is
not entitled to loss of income during laid up period in a
sum of Rs.96,000/- awarded by the Tribunal.
17. In view of the above, claimant is entitled to
total compensation under various heads as under:
1 Pain and suffering Rs.1,00,000/-
2 Loss of amenities Rs.50,000/-
3 Attendant, conveyance
charges, food and
nourishment
Rs.13,000/-
4 Medical expenses Rs.12,185/-
5 Loss of future income due to Rs.45,36,000/-
disability
Total Rs.47,11,185/-
18. Considering the above aspects claimant is
entitled to total compensation of Rs.47,11,185/- as
against Rs.31,58,185/- awarded by the Tribunal.
Accordingly, point No. II is answered.
19. Consequently, claimant is entitled to enhanced
compensation of Rs.15,53,000/- with interest at the rate
of 6% p.a. from the date of petition till the date of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
realization. KSRTC is liable to pay the said enhanced
compensation with interest.
20. In view of the above, the following;
O R D E R
i. Appeal filed by the KSRTC in MFA No. 1771/2026 is
dismissed.
ii. Appeal filed by the claimant in MFA No. 6132/2026
is allowed in part.
iii. Claimant is entitled to enhanced compensation of
Rs.15,53,000/- with interest at the rate of 6% p.a.
from the date of petition till the date of realization.
iv. KSRTC shall deposit the enhanced compensation
with interest before the Tribunal within six weeks
from this day.
v. Out of the enhanced compensation 50% shall be
released to the claimant and remaining amount
shall be kept in Fixed Deposit in the name of
claimant with any nationalized/schedule Bank for a
period of 3 years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 13 -
HC-KAR
NC: 2026:KHC:60913
MFA No. 6132 of 2026
C/W MFA No. 1771 of 2026
CNR: KAHC010575852026
vi. Amount in deposit is ordered to be transmitted to
the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 52
Ct.sm