THE MANAGER vs B N DASEGOWDA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 8031 OF 2023 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 7344 OF 2023 (MV-I)
IN MFA No. 8031/2023
BETWEEN:
B.N. DASEGOWDA
S/O NARASIMHEGOWDA
AGED ABOUT 53 YEARS
R/O BOMMURU AGARAHARA VILLAGE
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 571 438.
…APPELLANT
(BY SRI. SREENIVASAN M.Y, ADVOCATE)
AND:
THE MANAGER
KSRTC MAIN DEPOT,
BANNIMANTAP,
MYSORE - 570 001.
…RESPONDENT
(BY SRI. ASHOK KUMAR M, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 14.02.2023 PASSED IN MVC
NO.77/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE
Digitally Signed By:
K B GEETHA
- 2 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 7344/2023
BETWEEN:
THE MANAGER
KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
MAIN DEPOT, BANNIMANTAP,
MYSURU - 570 015
REPRESENTED BY
ITS CHIEF LAW OFFICER
K.S.R.T.C CENTRAL OFFICER
BANGALORE - 27.
...APPELLANT
(BY SRI. ASHOK KUMAR M, ADVOCATE)
AND:
B.N. DASEGOWDA
S/O NARASIMHEGOWDA
AGED ABOUT 52 YEARS
R/A BOMMURU AGRAHARA VILLAGE
SRIRANGAPATNA TQ, MANDYA DIST.
...RESPONDENT
(BY SRI. SREENIVASAN M.Y, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 14.02.2023 PASSED
IN MVC NO. 77/2020 ON THE FILE OF THE ADDITIONAL
SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA,
AWARDING COMPENSATION OF RS. 18,14,060/- WITH
INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL PAYMENT OF THE ENTIRE AMOUNT.
Digitally Signed By:
K B GEETHA
- 3 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
ORAL JUDGMENT
MFA.No.8031/2023 is filed by the claimant under
Section 173(1) of the Motor Vehicles Act, 1988 (for short,
‘M.V. Act’) not satisfied with the quantum of compensation
and MFA.No.7344/2023 is filed by the respondent-KSRTC,
challenging the negligence and quantum of compensation
awarded in MVC.77/2020 dated 14.02.2023 on the file of
the learned Additional Senior Civil Judge MACT,
Srirangapatna (in short 'the Tribunal').
2. The parties would be referred with their ranks
as they were before the Tribunal for the sake of
convenience and clarity.
3. The facts established before the Tribunal are
that on 08.12.2019 at about 07:45 p.m. on Bengaluru-
Mysuru Main Road near Bommuru Agrahara Village,
Srirangapatna Taluk, Mandya District, the claimant was
Digitally Signed By:
K B GEETHA
- 4 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
the pedestrian on the left side of the road. At that time,
the KSRTC bus bearing registration No.KA-09-F-5091
dashed against him and caused the accident. Due to the
accident, the claimant sustained grievous injuries and
admitted to the hospital and has taken treatment as
inpatient and hence, claimed compensation under several
heads.
4. Respondent-KSRTC has filed objections denying
the averments made in the claim petition.
5. After framing issues, recording evidence and
hearing arguments of both sides, the Tribunal concluded
that the claimant is entitled for the total compensation of
Rs.
18,14,060/- under following heads:
1. Pain, shock and agony Rs. 70,000/-
2. Medical expenses Rs. 2,71,540/-
3. Food, diet, Nourishment,
conveyance, and other
incidental expenses
Rs. 22,000/-
4. Loss of income during Rs. 28,000/-
treatment period
5. Towards Future Medical Rs. 20,000/-
Digitally Signed By:
K B GEETHA
- 5 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
expenses
6. Loss of income towards Rs. 13,67,520/-
permanent disability
7. Disappointment and
discomfort and loss of
amenities
Rs. 35,000/-
TOTAL Rs. 18,14,060/-
6. Not satisfied with the aforesaid compensation,
the claimant is before this Court in MFA No.8031/2023.
Aggrieved by the quantum of compensation awarded by
the Tribunal, the respondent-KSRTC is before this Court in
MFA No.7344/2023.
7. Heard arguments of both sides.
8. The learned counsel for the claimant-Sri
M.Y.Sreenivasan would submit that the claimant has
sustained fracture of left femur, left clavicle, left mandible
and head injury hence the award of compensation under
the head 'pain and sufferings' is on lower side. Further,
the compensation under other conventional heads is on
Digitally Signed By:
K B GEETHA
- 6 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
lower side, hence prayed for enhancement of
compensation.
9. The learned counsel for the respondent-KSRTC, Sri
M.Ashok Kumar would submit that the Tribunal not
properly appreciated the evidence; as per Ex.P.10 i.e.,
Aadhar card, according to which the age of the claimant is
58 years and not 52 years as taken by the Tribunal. The
total disability towards whole body taken by the Tribunal is
74%, which is exorbitant and not justified. Further, the
income of the claimant taken by the Tribunal is on higher
side and the compensation awarded by the Tribunal on
conventional heads is on higher side hence prayed for
allowing his appeal and prayed for dismissal of the appeal
filed by the claimant.
10. Having heard the arguments of both sides,
verifying the appeal papers and trial Court records the
point that arises for consideration is:
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
"Whether the compensation awarded by the
Tribunal requires modification?"
11. Finding of this Court is in ' Affirmative' for the
following:
REASONS
12. The fact that the claimant sustained injuries in the
road traffic accident involving the KSRTC bus belongs to
respondent is not in dispute. Ex.P.5-wound Certificate
reveals that the claimant has sustained the following
injuries:
1. Abrasions on right femur and on left great toe;
2. Laceration on left femur 7x4x2cm and left
shoulder pain;
3. Laceration over the forehead measuring
3x0.5x1cm
4. Laceration wound over left eye;
5. Pain and swelling on the left ankle of mandible;
and
Digitally Signed By:
K B GEETHA
- 8 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
6. Pain and restricted movement of left hip;
The above mentioned injury Nos.1 and 4 are Simple
and injury Nos.2,3,5 and 6 are Grievous.
13. The claimant was inpatient in the hospital for 22
days is also not in dispute. The Claimant examined 2
doctors as CWs.1 and 2. CW.1 is the Neurologist and
CW.2 is the Orthopedician who have given treatment to
the claimant.
14. In the evidence, CW.1 has stated the difficulties
faced by the claimant i.e. patient has come for regular
follow-up treatment as outpatient and he complained of
persistent headache, giddiness, poor memory and inability
to work. Patient also has unsteadiness of gait. Even
though the doctor stated that there is poor memory,
giddiness, etc., the claimant came to the Court and has
given evidence. He has withstood the lengthy cross-
examination. On verification of the said cross-examination,
one cannot say that he has lost memory.
Digitally Signed By:
K B GEETHA
- 9 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
15. CW.1 in his cross-examination admitted that as
per recent CT brain report, there are a little changes and
CT brain report was obtained from a private centre and
not from the authorized centre of the Government i.e.,
Manasa Gangotri Institution. Further, the doctor deposed
that he has not mentioned in his recent report about the
difference between left and right foot. Thus, the claimant
sustained head injury is not in dispute but from head
injury, he sustained 56% disability as stated by the doctor
is exorbitant because there is only mild changes in his
brain and he has withstood the lengthy cross-examination.
Hence, this Court holds that the disability due to head
injury would be considered at 30% and not 56% as
deposed by the doctor. Because this is a head injury,
1/3rd of it cannot be considered to the whole body; and
the entire 30% should be taken as the disability. Along
with this 30%, as per the evidence of CW.2, 54% disability
to the fractured limbs and the Tribunal has taken 18% of it
which is just and reasonable. Thus, the total disability to
Digitally Signed By:
K B GEETHA
- 10 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
the claimant would be 58% and not 74% as assessed by
the Tribunal.
16. The income of the claimant was taken as
Rs.
14,000/- by the Tribunal is proper. In the cross-
examination, the claimant categorically admitted that his
age would be 58 years as per the Aadhar card. He has
produced his aadhar card which is marked as Ex.P.10.
According to it, his date of birth is of the year 1962. Thus,
he was aged 57 years as on the date of accident. Hence,
the relevant multiplier ought to be taken by the Tribunal
shall be '9' and not '11'. Thus, the claimant is entitled for
compensation towards 'loss of future earning capacity' at
Rs.8,76,960/- (Rs.14,000/- x 12 x 9 x 58%) instead of
Rs.13,67,520/- awarded by the Tribunal.
Further, the Tribunal has awarded Rs.70,000/- under
the head 'pain, shock and agony'. But, considering the
number of grievous injuries suffered by the claimant, he is
Rs.
entitled for 80,000/- under the said head. As far as the
Digitally Signed By:
K B GEETHA
- 11 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
compensation awarded by the Tribunal under other heads
are concerned, the Tribunal has awarded the just and
reasonable compensation, which requires no interference.
17. Hence, the claimant is entitled for total
compensation of Rs.13,33,500/- as against
Rs.18,14,060/- awarded by the Tribunal under the
following heads:
1. Pain, shock and agony Rs. 80,000/-
2. Medical expenses Rs. 2,71,540/-
3. Food, diet, Nourishment,
conveyance, and other
incidental expenses
Rs. 22,000/-
4. Loss of income during Rs. 28,000/-
treatment period
5. Towards Future Medical Rs. 20,000/-
expenses
6. Loss of future earning Rs. 8,76,960/-
capacity
7. Disappointment and
discomfort and loss of
amenities
Rs. 35,000/-
TOTAL Rs. 13,33,500/-
Digitally Signed By:
K B GEETHA
- 12 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
As far as negligence aspect is concerned, the
respondent-KSRTC has taken specific defence that the
claimant while crossing the road has come voluntarily and
dashed against the bus. However, the claimant denied the
said suggestion in his cross-examination. It is a fact that
the charge-sheet is filed against driver of the KSRTC bus.
In this regard, the said driver in his affidavit evidence
alleged negligence on the part of claimant but in cross-
examination, he has deposed that even though he had
been to lodge the complaint, police have not received it.
But they have not made any efforts to lodge complaint
before higher authorities. No other steps is taken by the
respondent-KSRTC to say that there is negligence on the
part of claimant in causing the accident.
Ex.P3- spot panchanama consisting of spot sketch
reveals that the accident has taken place on the footpath
attached to the main road and not on the tar road. Hence,
the contention that there is contributory negligence on the
Digitally Signed By:
K B GEETHA
- 13 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
part of claimant in causing the accident cannot be
accepted.
18. Hence, this Court passes the following:
ORDER
a. Appeal in MFA No.8031/2023 filed by the claimant
and the appeal in MFA No.7344/2023 filed by the
respondent-KSRTC are allowed in part .
b. Judgment and award dated 14.02.2023 passed in
MVC No.77/2020 on the file of the Additional Senior
Civil Judge MACT, Srirangapatna is modified holding
that the claimant is entitled for total compensation
of Rs.13,33,500/- as against Rs.18,14,060/-
awarded by the Tribunal.
c. The modified compensation shall carry interest at
6% per annum from the date of petition till
realization.
Digitally Signed By:
K B GEETHA
- 14 -
HC-KAR
NC: 2026:KHC:58575
MFA No. 8031 of 2023
C/W MFA No. 7344 of 2023
CNR: KAHC010637902023
d. The respondent-KSRTC shall deposit the
compensation amount with accrued interest before
the Tribunal within a period of 8 weeks from the
date of receipt of certified copy of this judgment.
e. The disbursement and deposit shall be as per the
order of the Tribunal.
f. No order as to costs.
g. Draw modified award accordingly.
h. The amount in deposit shall be transmitted to the
Tribunal, forthwith.
i. Registry to transmit the TCR to the Tribunal
forthwith.
Digitally Signed By:
K B GEETHA
(GEETHA K.B.)
JUDGE
SSD
List No.: 1 Sl No.: 25