DIVISIONAL MANAGER vs SHANKARAPPA

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 7 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH


MISCELLANEOUS FIRST APPEAL NO. 3946 OF 2020

(MV-I)

BETWEEN:




1. DIVISIONAL MANAGER,

KSRTC RURAL DIVISION,

BANNIMANTAPPA, MYSORE.

REPRESENTED BY

KARNATAKA STATE ROAD

TRANSPORT CORPORATION,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka

CENTRAL OFFICE,
BY ITS CHIEF LAW OFFICER

BANGALORE.

…APPELLANT
(BY SRI. S. NIRMMALA., ADVOCATE)

AND:

1. SHANKARAPPA,

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020


S/O LATE KARIYAPPA,
AGED ABOUT 55 YEARS,
R/O YAMAGUMBHA VILLAGE,
HUNSURU TALUK,
MYSORE – 571 105.

…RESPONDENT
(BY SMT. ARCHANA K. M., AMICUS CURIAE
V/O DATED 18.09.2026)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 31.07.2019, PASSED IN
MVC.NO.1023/2015, ON THE FILE OF THE COURT OF
ADDITIONAL SMALL CAUSES, SENIOR CIVIL JUDGE, M.A.C.T.
AT MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020


ORAL JUDGMENT


1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 31.07.2019 passed in MVC
No.1023/2015 on the file of the learned MACT and the Court of
learned Additional Small Causes and Senior Civil Judge, Mysuru
(for short, ‘Tribunal’), wherein the Tribunal awarded
compensation of Rs.2,01,500/- with interest at 6% p.a. from
the date of petition till realization.

2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.

3. The facts of the case are that on 24.03.2015 at about
3.10 p.m., near Vijaya Bank, Old B.M.Road, Hunsur Town,
when the petitioner was going by walk and crossing the road in
a specific place, the driver of KSRTC Bus bearing Reg. No KA-
09-F-4182, drove the same in a rash and negligent manner and
dashed to the petitioner. Due to the said impact, the petitioner
sustained fracture of right parietal and right petrous and
membranous parts of temporal bone with extension into the

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020


mastoid air cells, fracture of right lateral wall of moviltary
sinus, communited fracture of the left zygoma, scalp
haematoma noted, right masillary sinusitis injured, blunt injury
on chest and ear and nose bleeding injuries. The petitioner was
taken to Government Hospital, Hunsur for first aid. Later, he
was shifted to JSS Hospital, Mysuru wherein he took treatment
as inpatient from 24.03.2015 to 29.03.2015. Hence, a claim
petition was filed before the Tribunal. The Tribunal awarded
compensation of Rs.2,01,500/- with interest at 6% p.a. Being
aggrieved by the same, the Insurance Company filed this
appeal.

4. Heard Smt. Nirmala, learned counsel for appellant and
Smt. Archana K.M., learned Amicus-Curiae for respondent.

5. Learned counsel for the appellant submitted that the
judgment and award passed by the Tribunal is not proper.
Therefore, the same is liable to be set aside. It is further
submitted that the Tribunal has not considered the Ex.P.4.
sketch which indicates that it is a State Highway, there was no
zebra crossing to the pedestrian to cross the road. There is

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020


sheer negligence on the part of the appellant when crossing the
road.

6. It is further submitted that the Tribunal even, failed to
consider the disability. In fact, the Doctor submitted a report
and stated that the injured has suffered 65% disability to the
whole body. However, the Tribunal considered 15% which is on
higher side, the same ought to have been reduced. However,
the Tribunal has not considered these two aspects resulted in
passing the impugned award which is requires to be set aside.
Making such submissions, learned counsel for appellant prays
to allow the appeal.

7. Per contra, learned counsel representing the respondent
vehemently justified the award passed by the Tribunal and
stated that the Tribunal has awarded meager amount on
considering the age of the victim. However, the compensation
is required to be enhanced under the different conventional
heads and also considered the suitable notional income for the
year 2015. Making such submissions, learned counsel for
respondent prays to dismiss the appeal and prays to enhance
the compensation.

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020



8. Having heard learned counsel for the respective parties
and on perusal of the findings of the judgment and award, it
appears that the accident is of the year 2015, the injured was
crossing the road near Hunsur Town. No doubt, he has
sustained injuries in the said accident. As per Ex.P.16-Disability
Certificate, the disability is calculated as 65% to the whole
body. The Doctor who treated the injured has led his evidence
to that effect. The petitioner was aged about 55 years as on the
date of the said accident. To consider his income, in his claim
petition, he has stated that he was getting Rs.1,50,000/- per
annum as his agricultural income. However, Ex.P.14 – RTC
would indicate that there is no standing crops in the said land.
Therefore, it is appropriate to take notional income as per the
guidelines of KSLSA, the notional income of the injured was
Rs.9,000/- per month. As against the same, the Tribunal
considered Rs.6,000/- per month which requires to be
enhanced. Hence, conventional head namely, loss of future
income due to disability is calculated as under:
Rs.9,000X12X13X15%=2,10,600/-

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020



9. Consequently, the award of the Tribunal is modified and
the claimant would be entitled to the compensation as under:-


Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of future income
1,40,000 2,10,600
9000X12X13X15%
02 Pain and suffering 15,000 40,000
03 Medical expenses 26,500 26,500
3,000 3,000
04 Conveyance, food,
nourishment, attendant
charges
05 Loss of income during 12,000 27,000
laid up period
06 Loss of amenities in life 5,000 30,000
2,01,500 3,37,100
TOTAL


10. In the light of the observations made above, I proceed to
pass the following:-
ORDER

i) Miscellaneous First Appeal is disposed of.

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HC-KAR
NC: 2026:KHC:56107
MFA No. 3946 of 2020


CNR: KAHC010168112020



ii) The judgment and award dated 31.07.2019 passed in
MVC No.1023/2015 on the file of the learned MACT and
Court of Additional Small Causes and Senior Civil Judge,
Mysuru, is modified, granting compensation of
Rs.3,37,100/- as against Rs.2,01,500/- awarded by the
Tribunal.

iii) The claimant is entitled to the entire compensation of Rs.
Rs.3,37,100/- with interest at the rate of 6% per
annum from the date of petition till realisation. However,
the claimant is not entitled to any interest for the delayed
period of 128 days.

iv) The entire compensation amount shall be deposited by
the Insurance Company within a period of six weeks
from date of receipt of the certified copy of this
judgment.

v) The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.

Sd/-
(S RACHAIAH)
JUDGE
JS, List No.: 1 Sl No.: 53