SHRI S KIRAN vs DIVISIONAL CONTROLLER
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 1614 OF 2026
(MV-I)
BETWEEN:
SHRI S KIRAN
S/O. LATE C. SUBBANNA
AGED 39 YEARS
R/A. HOLALU VILLAGE
DUDDA HOBLI
MANDYA TALUK AND
DISTRICT-571 401.
…APPELLANT
(BY SRI SANATH KUMARA. K.M, ADVOCATE)
AND:
DIVISIONAL CONTROLLER
K.S.R.T.C.
DIVISION OFFICE
K.S.R.T.C. BUS STAND
MANDYA CITY-571 401.
…RESPONDENT
(BY SRI. SAMARTH PRAKASH, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:19.10.2024
PASSED IN MVC No.1648/2022 ON THE FILE OF THE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
ADDITIONAL SENIOR CIVIL JUDGE, CJM AND MACT, MANDYA,
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
1. This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment
and award dated 19.10.2024 passed in MVC No.
1648/2022 by the Additional Senior Civil Judge and MACT,
Mandya.
2. Even though the appeal is listed for `Admission’
today, with the consent of the learned counsel appearing
for appellant – claimant and learned counsel appearing for
respondent – Karnataka State Road Transport Corporation
(for short hereinafter referred to as the Corporation) it is
taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
3. Appellant – claimant made a claim petition
praying to award compensation for the injuries sustained
by him in a road traffic accident that occurred on
13.06.2022 due to the rash and negligent driving by the
driver of KSRTC bus bearing registration No. KA-11-F-
0090. The Tribunal after recording evidence, appreciating
the evidence on record, assessed the compensation and
awarded compensation under different heads as under:
Sl.No.
Heads of compensation Amount in Rs.
1.
Pain and sufferings 1,00,000/-
2.
Loss of amenities 1,00,000/-
3.
Medical expenses 2,62,003.25/-
4.
Diet and Transportation
6,000/-
expenditure
Total 4,68,003.25/-
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
realization and directed respondent – Corporation to
deposit the said award amount with interest. Claimant
seeking enhancement of the compensation awarded, has
filed the present appeal.
5. Heard learned counsel for appellant – claimant
and learned counsel for respondent – Corporation.
6. Learned counsel for appellant would contend
that the claimant had availed totally 184 days earned
leave due to the injuries sustained in the accident and
therefore, he is entitled to loss of income during laid up
period for a period of 184 days. He further submits that
claimant had been admitted in the hospital for 18 days,
therefore, entitled to attendant, conveyance, food and
nourishment charges and compensation awarded towards
the said head by the Tribunal in a sum of Rs.6,000/- is on
lower side. With this he prayed to allow the appeal.
7. Learned counsel for respondent – Corporation
would contend that the implant of the claimant has been
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
removed during October, 2022 and in order to make a
claim he availed earned leave and therefore, not entitled
to loss of income during laid up period for a period of 184
days. With this he prayed to dismiss the appeal.
8. Having heard learned counsel for the parties,
this Court has perused the judgment, award and trial
Court records.
9. Claimant was working as Village Accountant as
on the date of accident. Due to the accidental injuries
claimant had availed earned leave. Ex.P.151 is the order
issued by the Tahsildar, Mandya, whereunder the
appellant – claimant is sanctioned 51 days earned leave,
under Ex.P.152, 94 days of earned leave and under
Ex.P.153, 39 days of earned leave is sanctioned. Claimant
has totally availed 184 days of earned leave due to
accidental injuries sustained by him and the same has also
been mentioned in the said orders issued by the Tahsildar,
i.e., Ex.P.151 to Ex.P.153. Therefore, claimant is entitled
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
to loss of income during laid up period for a period of 184
days.
10. Learned counsel for appellant has made
available copy of the salary slip of the claimant for
December, 2022 wherein his gross salary is Rs.40,941/-.
After deducting professional tax of Rs.200/-, medical
allowance of Rs.200/- and traveling allowance of Rs.500/-
his gross salary can be taken at Rs.40,000/-. Considering
the said monthly salary, daily pay of the claimant is
Rs.1,334/-. Therefore, claimant is entitled to loss of
income during laid up period in a sum of Rs.2,45,456/-
(Rs.1334 X 184 days).
11. Claimant was admitted in the hospital from
13.05.2022 till 30.06.2022, for a period of 18 days.
Therefore, claimant is entitled to attendant, conveyance,
food and nourishment charges in a sum of Rs.18,000/-
(Rs.1,000 X 18 days) as against Rs.6,000/- awarded by
the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
12. In view of the above, claimant is entitled to
enhanced compensation under the following heads:
1 Loss of income during laid Rs.2,45,456/-
up period
2 attendant, conveyance, food
and nourishment charges
(Rs.18,000 – Rs.6,000)
Rs.12,000/-
Total Rs.2,57,456/-
13. Considering the above aspects claimant is
entitled to enhanced compensation of Rs.2,57,456/- with
interest at the rate of 6% p.a. from the date of petition till
the date of realization. Claimant is not entitled to interest
for the delay period of 360 days in filing the appeal as per
order dated 21.07.2026 passed on I.A. No. 1/2026.
Respondent – Corporation is liable to pay the said
enhanced compensation with interest.
14. In view of the above, the following;
O R D E R
a) Appeal is allowed in part.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59793
MFA No. 1614 of 2026
CNR: KAHC010151672026
b) Appellant - claimant is entitled to enhanced
compensation of Rs.2,57,456/- with interest at the
rate of 6% p.a. from the date of petition till the
date of realization.
c) Appellant – Claimant is not entitled to interest for
the delay period of 360 days.
d) Respondent – Corporation shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.
e) Appellant - claimant is entitled to release of entire
enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 27
Ct.sm