High Court enhanced compensation awarded to a motorcycle accident victim against KSRTC and a driver. Court increased amounts for pain, loss of amenities, and lost wages, totaling Rs.4,95,995/-, directing 50% liability on KSRTC and insurer.
Enhanced total compensation to Rs. 4,95,995/-; KSRTC and insurer to pay 50% within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:47046 MFA No. 1098 of 2020 C/W MFA No. 7085 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA MISCELLANEOUS FIRST APPEAL NO.1098 OF 2020(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.7085 OF 2019(MV-I)
IN MFA No. 1098/2020
BETWEEN:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
GUNDLUPET DEPOT, GUNDLUPET MYSORE DISTRICT (BOTH REFERS TO SAME OWNER OF THE BUS AND HENCE NOW THROUGH CHIEF LAW OFFICER K.S.R.T.C. BANGALORE).
…APPELLANTS
(BY SRI. NAGARAJA K, ADVOCATE)
AND:
NC: 2024:KHC:47046 MFA No. 1098 of 2020 C/W MFA No. 7085 of 2019
AGED ABOUT 40 YEARS R/O NAGENDRA GAD RON TALUK GADAG DIST. (DRIVER OF KSRTC BUS NO.KA-10-F-0237) D.L. NO.KA26/20040002011 DATED 28-10-2014
THE NEW INDIA ASSURANCE COMPANY LTD., THE NEW INDIA ASSURANCE CO. LTD B.H. ROAD, BHADRAVATHI, SHIMOGGA DISTRICT. (POLICY NO.68010131140200000241 VALID UP TO 15-04-2015
…RESPONDENTS
(BY SRI. M V MAHESWARAPPA, ADVOCATE for R-1; VIDE ORDER DATED 05.02.2020, NOTICE TO R-2 & R-3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 08.01.2019, PASSED IN MVC NO.1227/2014, ON THE FILE OF THE I-ADDITIONAL SENIOR CIVIL JUDGE, CHIEF JUDICIAL MAGISTRATE AND AMACT-VII, SHIVAMOGGA, AWARDING COMPENSATION OF RS.3,48,200/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 7085/2019
BETWEEN:
- 3 - NC: 2024:KHC:47046 MFA No. 1098 of 2020 C/W MFA No. 7085 of 2019
BANANA BUSINESS
R/O GAVVATETHEVARU VILLAGE SHIVAMOGGA-577 201
...APPELLANT
(BY SRI. M. V. MAHESHWARAPPA, ADVOCATE)
AND:
...RESPONDENTS
(BY SRI. K. NAGARAJA, ADVOCATE FOR R-2 & R-3;
SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R-5)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.01.2019 PASSED IN MVC NO.1227/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CJM, AMACT-VII, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
- 6 - NC: 2024:KHC:47046 MFA No. 1098 of 2020 C/W MFA No. 7085 of 2019
that there is a fracture to the right leg. The Tribunal was justified in coming to the conclusion that the claimant had suffered a whole world disability at 11% since the doctor had opined that he had suffered the particular limb disability to the extent of 35.04%.
awarded a sum of Rs.40,000/- towards pain and suffering. In my view, having regard to the fact that the climate has suffered fracture of tibia, it would be appropriate to enhance the said sum to Rs.60,000/-.
sum to Rs.30,000/-. Consequently, the claimant
would be entitled for the following sums:
| Sl. No. |
Compensation under different Heads |
As awarded by the Tribunal (Rs.) |
As awarded by this Court (Rs.) |
|---|---|---|---|
| 1. | Medical Expenses | 75,475/- | 75,475/- |
| 2. | Attendant charges, food and nourishment and other miscellaneous expenses |
20,000/- | 30,000/- |
| 3. | Pain and suffering | 40,000/- | 60,000/- |
| 4. | Loss of income during the laid up period |
36,000/- | 51,000/- |
| 5. | Loss of future income due to disability |
1,26,720/- | 1,79,520/- |
| 6. | Future medical expenses |
50,000/- | 50,000/- |
| 7. | Loss of amenities | Nill | 50,000/- |
| Total | **3,48,200/- ** | 4,95,995/- |
- 9 - NC: 2024:KHC:47046 MFA No. 1098 of 2020 C/W MFA No. 7085 of 2019
NC: 2024:KHC:47046 MFA No. 1098 of 2020 C/W MFA No. 7085 of 2019
the Tribunal for disbursement.
Sd/(N S SANJAY GOWDA) JUDGE
GSR
List No.: 1 Sl No.: 17
3 issues framed by the court
Whether the compensation awarded by the tribunal should be enhanced to account for loss of amenities and other heads.
Whether the principle of pay and recovery applies to direct the insurer to pay compensation first.
Whether the liability for compensation is shared equally between the KSRTC and the Trax driver/insurer.
1 provisions across 1 enactments
THE GENERAL MANAGER KSRTC
SHANKARAPPA @ SHANKAR
PRAKASH HOSMATTA
THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD.
DIVISIONAL CONTROLLER KSRTC
N S SANJAY GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
