SRI. S. THIPPESHA vs THE DEPO MANAGER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 3394 OF 2022
(MV-I)
BETWEEN:
1. SRI. S. THIPPESHA,
S/O SIDDAPPA,
AGED ABOUT 35 YEARS,
R/O JAGANURAHATTY VILLAGE,
CHALLAKERE TALUK,
CHITRADUEGA DISTRICT – 577 501.
NOW R/O DAVARAGER VILLAGE,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka
DAVANAGERE TALUK AND DISTRICT.
…APPELLANT
(BY SRI. KANTHARAJAPPA M. G., ADVOCATE)
AND:
1. THE DEPO MANAGER,
N.E.K.R.T.C. DIVISIONAL OFFICE,
BUS BEARING REG NO.KA.34/F-875
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NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
HOSPET DIVISION
HOSPET – 583 020.
2. THE DIVISIONAL CONTROLLER,
INTERNAL SECURITY FUND N.W.K.R.T.C.,
SHANTI NAGAR, DOUBLE ROAD,
BANGALORE - 560027.
…RESPONDENTS
(BY SRI. SANJEEV B. L., ADVOCATE FOR R1 AND R2)
----
THIIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.12.2019, PASSED IN
MVC.NO.430/2019, ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE, MEMBER, M.A.C.T.-IV AT DAVANAGERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
ORAL JUDGMENT
1. This appeal has been filed by the claimant/appellant
seeking modify the judgment and award dated 24.12.2019
passed in MVC No.430/2019 C/w MVC No.431/2019 on the file
of the learned Prl. Senior Civil Judge and MACT-IV at
Davangere (for short, ‘Tribunal’), wherein the Tribunal awarded
compensation of Rs.2,30,520/- with interest at 8% p.a. from
the date of petition till the deposit of the amount in the
Tribunal.
2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.
Brief facts of the case:
3. That on 14.08.2016 at about 1.15 p.m., both the
petitioners were traveling in KSRTC Bus bearing Reg. No KA-
34-F-875 from Kudlagi to Kottur. When the said bus reached
near Malanayakanahalli, Vaddarakatte Lake, on Kudlagi-Kottur
road, the driver of the said KSRTC Bus drove the same in a
rash and negligent manner without following the traffic rules,
as a result, the bus was toppled down towards right side of the
road. Due to the said impact, both the petitioners and other
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HC-KAR
NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
inmates of the bus were sustained grievous injuries all over the
body. Immediately, both the petitioners have been shifted to
Government Hospital Kottur, wherein they took the first aid
treatment. Thereafter, they have been shifted to Private
Hospital, Davanagere and took the treatment as inpatient for a
period of 15 days respectively and they have spent
Rs.3,00,000/- each towards their medical expenses and
nourishment. Therefore, the appellant approached the Tribunal
by filing the claim petition.
4. Heard Sri. Kantharajappa M.G., learned counsel for
appellant and Sri. Sanjeev B.L., learned counsel for respondent
Nos. 1 and 2.
5. The submission of the learned counsel for the appellant is
that the Tribunal ought to have considered Rs.9,500/- as
notional income but the Tribunal has considered only
Rs.9,000/- which is on lower side and the same is required to
be enhanced. In addition to that, Conveyance, food,
nourishment, attendant charges, the Tribunal has awarded only
Rs.8,000/- and towards loss of income during laid up period,
Rs.27,000/- and Rs.10,000/- towards loss of amenities which
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HC-KAR
NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
are required to be enhanced. The appellant was aged about 30
years at the time of accident. The Tribunal has taken 16
multiplier instead of 17. Therefore, the same has to be
modified. Making such submissions, learned counsel for the
appellant pray to allow the appeal.
6. Per contra , learned counsel representing the respondent
vehemently submitted that the Tribunal has passed award
properly. Hence, the appeal may be dismissed.
7. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, it appears
that the Tribunal while computing the compensation under the
head loss of earning due to disability, considered only
Rs.9,000/- as notional income for the year 2016. However, it
has to be enhanced to Rs.9,500/-. As on the date of the
accident, the age of the appellant was 30 years and the
multiplier applicable is 17. The calculation of income of the
petitioner due to disability as under:
9,500X12X17X9%=Rs.1,74,420/-.
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HC-KAR
NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
8. Under the head pain and sufferings, another Rs.20,000/-
to be enhanced, under the head Conveyance, food,
nourishment, attendant charges, Rs.10,000/- to be enhanced.
9. Consequently, the award of the Tribunal is modified and
the claimant / appellant would be entitled to the compensation
as under:-
Award amount
Particulars
Sl.
No.
(in Rupees)
Tribunal This Court
01 Pain and sufferings 30,000/- 50,000/-
02 Conveyance, food,
nourishment, attendant
charges
8,000/- 18,000/-
27,000/- 28,500/-
03 Loss of income during
laid up period
(9500X3)
04 Medical expenses NIL NIL
05 Loss of earning due to
9,500X12X17X9%)
disability (
1,66,320/- 1,74,420/-
06 Loss of amenities and 10,000/- 30,000/-
unhappiness
TOTAL 3,00,920/-
2,30,520/- -2,30,520/-
= 70,400/-
10. In the light of the observations made above, I proceed to
pass the following:-
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HC-KAR
NC: 2026:KHC:58777
MFA No. 3394 of 2022
CNR: KAHC010184622022
ORDER
i) Miscellaneous First Appeal filed by the
claimant / appellant is allowed in part.
ii) The judgment and award dated
24.12.2019 passed in MVC No.430/2019 C/w MVC
No.431/2019 on the file of the learned Prl. Senior
Civil Judge and MACT-IV at Davangere, is modified,
granting compensation of Rs.3,00,920/- (Rupees
Three Lakhs Nine Hundred and Twenty only) as
against Rs.2,30,520/- awarded by the Tribunal.
iii) The claimant is entitled to enhanced
compensation of Rs.70,400/- (Rupees Seventy
Thousand Four Hundred only) with interest at the
rate of 6% per annum from the date of the petition
till realization.
iv) The enhanced compensation amount
shall be deposited by the respondent within a period
of six weeks from the date of receipt of the certified
copy of this judgment.
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MFA No. 3394 of 2022
CNR: KAHC010184622022
v) The Registry is directed to transmit the
records to the Tribunal forthwith for necessary
compliance.
Sd/-
(S RACHAIAH)
JUDGE
JS
List No.: 1 Sl No.: 11