01Facts
On 14 April 2016, the appellants were travelling as passengers in a KSRTC bus when it collided with a lorry near Havambhavi check post, Ballari.
pp. 5–7, paras 3–8They sustained injuries and sought compensation before the Motor Accident Claims Tribunal, Ballari.
pp. 5–7, paras 3–8The Tribunal awarded Rs.15,000 in MVC Nos. 1107, 1108 and 1110 of 2018, and Rs.10,000 in MVC No.1109 of 2018.
pp. 5–7, paras 3–8The claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.
pp. 5–7, paras 3–8The judgment records a discrepancy in the Tribunal award date: the opening paragraph gives 06.01.2018, while the appeal descriptions state 06.01.2020.
pp. 2–4 · p. 5, para 102Issues
i.1. Whether the compensation awarded by the Tribunal was inadequate and required modification.
p. 8, para 11(i)ii.2. What order should follow.
p. 8, para 11(ii)03Law Applied
The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides the appellate route invoked by the claimants.
pp. 2–4The judgment identifies no other statutory provision or precedent as the basis for reassessing compensation; it considers the injury evidence and whether the Tribunal’s awards warranted enhancement.
pp. 8, paras 13–14Provisions in the judgment · 1 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 173
04Reasoning
The Court reviewed the wound certificates and found that they recorded only simple injuries.
p. 8, para 13It also noted the absence of other material evidence establishing medical expenses.
p. 8, para 13Although it considered that the Tribunal had rightly assessed compensation, it awarded an additional Rs.5,000 to each claimant in the interest of justice.
p. 8, para 1405Holding
The Court partly allowed all four appeals and modified the awards.
pp. 9–10, order clauses (i)–(vi)Compensation was increased from Rs.15,000 to Rs.20,000 in MFA Nos. 100837, 100627 and 100635 of 2021, and from Rs.10,000 to Rs.15,000 in MFA No.100626 of 2021.
pp. 9–10, order clauses (i)–(vi)The enhanced amounts carry interest at 6% per annum from the date of the petitions until payment, and KSRTC was directed to deposit them with accrued interest before the Tribunal within four weeks of receiving the certified judgment.
pp. 10, order clauses (vii)–(viii)Original Court PDF
SUMITRA D/O. YANKOBAvsSRI. RAJA SAB S/O. KHASIM SAB
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