SMT. SOWKYA K.R vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
MISCELLANEOUS FIRST APPEAL NO. 8162 OF 2019 (MV-I)
BETWEEN:
SMT. SOWKYA K.R
W/O SURESH BABU P K
AGED ABOUT 34 YEARS
R/AT NO 1452, ANJANAPURA 11TH BLOCK,
FURTHER EXTENSION, KEMBATHALLI ROAD
GOTTIGERE, BENGALURU - 560 083
…APPELLANT
(BY SRI. A.S. GIRISH, ADVOCATE)
AND:
THE MANAGING DIRECTOR
BMTC SARIGE BHAVAN
SAHNTHINAGAR, K.H. ROAD
BENGALURU - 560 027
(OWNER OF BMTC BUS BEARING NO KA- 01-F-2757)
…RESPONDENT
(BY SMT. H.R. RENUKA, ADVOCATE)
Digitally signed
by ASHWINI
MAYAPPA
MAVARAKAR
Location: High
Court of
Karnataka
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.03.2019 PASSED IN MVC
NO.5746/2017 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE, MACT, BENGALURU (SCCH-11), 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:
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
CORAM: HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
ORAL JUDGMENT
1. The appellant has called in question the judgment
and award dated 11.03.2019 passed by the MACT, Bengaluru in
MVC No.5746/2017.
2. The appellant had filed a claim petition seeking
compensation for the injuries sustained by her in a road traffic
accident that occurred on 27.03.2017 contending that the
accident had occurred due to the rash and negligent driving by
the driver of the KSRTC bus bearing registration No.KA-01-F-
2757.
3. After service of notice, the respondent entered
appearance and filed objections before the Tribunal. The
Tribunal framed issues. Further, both the parties adduced
evidence. The Tribunal after appreciating the oral and
documentary evidence available on record had awarded global
compensation of Rs.7,00,000/-.
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
4. Being aggrieved by the same, the claimant
/appellant has preferred the instant appeal seeking
enhancement of compensation.
5. It is contended by the learned counsel appearing on
behalf of the appellant that the Tribunal has erred in awarding
global compensation of Rs.7,00,000/-. He further contended
that the Tribunal erred in not awarding compensation under the
head "pain and suffering", "loss of amenities", "Loss of income
during laid up period" and "incidental expenses".
6. Per contra, learned counsel appearing for
respondent - Corporation has justified the impugned judgment
and award passed by the Tribunal and requests to dismiss the
appeal.
7. Heard the learned counsel for the parties and
perused the material available on record.
8. The accident in question is not in dispute. The
appellant has sustained the following injuries:-
1) Traumatic Brain injury
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
2) Left occipital Contusion
3) Multiple Facio Maxilla Fractures
4) Right upper Jaw Central and lateral incisors
tooth displaced and
5) Lower Jaw central incisors tooth partially
broken.
9. It is seen from the aforesaid injuries that the
appellant has sustained injury to the head. When the injury is
of serious in nature, I am of the considered opinion that the
learned Tribunal has grossly erred in not awarding
compensation under the head "Pain and suffering". Therefore, I
deem it appropriate to award compensation of Rs.1,00,000/-
under the head "Pain and suffering".
10. The Tribunal has also erred in not awarding
compensation under the head "Loss of amenities". Therefore, I
deem it appropriate to award compensation of Rs.50,000/-
under the head "Loss of amenities".
11. It is seen from the records that that the appellant
was inpatient at Apollo hospital from 27.03.2017 to 31.03.2017
for a period of 5 days, from 04.04.2017 to 26.04.2017 for a
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
period of 23 days and from 28.04.2017 to 19.05.2017 for a
period of 22 days, in all for a period of 50 days. The claimant
being inpatient for a period of 50 days, she could not have
attended to her work. Hence, the claimant is entitled to
compensation under the head `loss of income during laid up
period' for a period of three months. It is seen from Ex.P.11
the salary certificate that the appellant was working as a
Software Engineer and earning a salary of Rs.75,000/- per
month. Therefore, I deem it appropriate to award compensation
of Rs.2,25,000/- under the head "Loss of income during laid up
period" (Rs.75,000/- per month for a period of 3 months
amounting to Rs.2,25,000.(Rs.75,000x3 = Rs.2,25,000/-).
12. Further the Tribunal has not awarded any
compensation under the head "incidental expenses" Therefore,
I deem it appropriate to award a compensation of Rs.25,000/-
under the head "incidental expenses".
13. Further, by considering the medical bills produced
the Tribunal has awarded Rs.6,00,000/- towards 'medical
expenses', which is just and proper.
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
14. In view of the above, the claimant is entitled for
compensation under the various heads as follows:-
Particulars Amount
Pain & Suffering Rs.1,00,000/-
Medical Expenses Rs.6,00,000/-
Loss of Amenities Rs.50,000/-
Loss of income during laid up period Rs.2,25,000/-
Incidental Expenses Rs.25,000/-
Total Rs.10,00,000/-
The Tribunal has awarded a compensation of
Rs.7,00,000/-. Therefore, the claimant/appellant is
entitled to enhanced compensation of Rs.3,00,000/-.
15. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part ;
ii) The judgment and award dated 11.03.2019
passed in MVC No.5746/2017 by the Motor
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HC-KAR
NC: 2026:KHC:58326
MFA No. 8162 of 2019
CNR: KAHC010422782019
Accident Claims Tribunal, Bengaluru is
modified;
iii) The claimant would be entitled to a sum of
Rs.10,00,000/- as against Rs.7,00,000/ -;
iv) The respondent - Corporation is directed to
pay enhanced compensation amount of
Rs.3,00,000/- with interest @ 6% per annum
within a period of three months from the date
of receipt of a copy of this order;
v) The entire enhanced compensation amount
shall be released in favour of the appellant -
claimant.
vi) Draw award accordingly.
Registry is directed to send back the records along
with a copy of this judgment to the concerned Tribunal.
Sd/-
(K.S.BHARATH KUMAR)
JUDGE
NMS
List No.: 1 Sl No.: 45