SRI NAGARAJU vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 5366 OF 2026 (MV-I)
BETWEEN:
SRI NAGARAJU
S/O EERANNA
AGED ABOUT 55 YEARS
R/AT BEVINA HALLI
GOLLARA HATTI
HANDANAKERE HOBLI
KUPPURU POST
CHIKKANAYAKANAHALLI
TUMKUR - 572 214.
…APPELLANT
(BY SRI. CHANDRASHEKAR SWAMY K B.,ADVOCATE)
AND:
THE MANAGING DIRECTOR
BMTC, K.H.ROAD
BANGALORE - 560 027.
…RESPONDENT
(BY SRI. D VIJAYA KUMAR.,ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.02.2026 PASSED IN MVC
NO.1772/2025 ON THE FILE OF THE XXI ADDITIONAL SMALL
CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
(SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant/claimant seeking
enhancement of compensation awarded in judgment and
award dated 16.02.2026 passed in MVC No.1772/2025 by
the XXI Additional Small Cause Judge and Member, MACT,
Bengaluru (SCCH-23).
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
learned counsel for appellant and learned counsel for
respondent/BMTC.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 27.02.2025 contending
that the accident occurred due to rash and negligent
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
driving of the driver of the Bus bearing Regn.No.KA-57-F-
5308. The Tribunal after recording the evidence of the
parties, appreciating the evidence assessed the
compensation and awarded compensation under various
heads as under:
Sl.No. Heads Amount in (Rs.)
01. Attendant charges, extra
nutritious food and conveyance
charges
12,000/-
02. Pain and suffering 60,000/-
03. Loss of income during laid up 68,000/-
period
04. Medical expenses 16,400/-
05. Loss of future income due to 1,47,000/-
disability
06. Loss of future amenities and 50,000/-
happiness
07. Future medical expenses 20,000/-
Total 3,73,400/-
4. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till realization and directed
respondent/BMTC to deposit the award amount with
interest. The claimant seeking enhancement of
compensation has filed the present appeal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
5. Heard learned counsel for the appellant and
learned counsel for respondent/BMTC.
6. The accident occurred on 27.02.2025 and as on
the date of accident the claimant was aged 57 years.
Considering the said age of the claimant, the Tribunal has
taken multiplier ‘9’. The notional income fixed for the year
2025 is Rs.18,000/- p.m. and the same has to be taken as
against Rs.17,000/- taken by the Tribunal.
7. The claimant has sustained soft tissue injury,
fracture of left femur, left medial malleoli fracture.
Considering the said injuries sustained by the claimant the
compensation awarded by the Tribunal towards pain and
suffering in a sum of Rs.60,000/- is enhanced to
Rs.90,000/- and loss of amenities in a sum of Rs.50,000/-
is enhanced to Rs.70,000/-.
8. The claimant was admitted in the hospital for 10
days and considering the same, the Tribunal has rightly
awarded attendant charges, food and conveyance charges
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
in a sum of Rs.12,000/-. The Tribunal has awarded loss of
income during laid up period for four months taking the
monthly income at Rs.17,000/- p.m. As now the income
taken is Rs.18,000/-, the claimant is entitled to a sum of
Rs.72,000/- (Rs.18,000 x 4 months). The Tribunal has
rightly awarded medical expenses of Rs.16,400/- based on
bills produced. The Doctor has stated that the claimant
has to undergo surgery for removal of implants.
Considering the same, the claimant is entitled to future
medical expenses of Rs.30,000/- as against Rs.20,000/-
awarded by the Tribunal.
9. PW.2 – Doctor who has examined the claimant has
assessed disability at 47% to the left lower limb and 16%
to the whole body. The Tribunal has taken 8% disability
to the whole body. The claimant is stated to be working in
a private company. Considering the avocation of the
claimant, the fractures and the disability assessed by the
Doctor, the functional disability is to be taken at 8% to the
whole body as taken by the Tribunal. In view of the same,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
the loss of future income due to disability is calculated as
under:
Rs.18,000 x 12 x 9 x 8% = Rs.1,55,520/-
10. In view of the above, the claimant is entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 90,000/-
02. Loss of amenities 70,000/-
03. Attendant, conveyance, food and 12,000/-
nourishment charges
04. Loss of income during laid up 72,000/-
period
05. Medical expenses 16,400/-
06. Future medical expenses 30,000/-
07. Loss of future income 1,55,520/-
Total 4,45,920/-
11. Considering the above aspects, the claimant is
entitled to total compensation of Rs.4,45,920/- as against
Rs.3,73,400/- awarded by the Tribunal with interest.
Consequently, the claimant is entitled to enhanced
compensation of Rs.72,520/- with interest @ 6% p.a. from
the date of petition till realization. Respondent/BMTC is
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58896
MFA No. 5366 of 2026
CNR: KAHC010499272026
liable to pay the said enhanced compensation with
interest.
12. In view of the above, the following:
ORDER
.
i) The appeal is allowed in part
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.72,520/- with
interest @ 6% p.a. from the date of petition
till realization.
iii) Respondent/BMTC shall deposit the enhanced
compensation with interest before the
Tribunal within a period of six weeks from
this day.
iv) Appellant is entitled to release of entire
enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 2 Sl No.: 51
Ct.sm