The Divisional Controller Ksrtc, Vs C.S. Ramesh

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:21/08/2025 PASSED IN MVC No.638/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT., AT PANDAVAPURA., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA No. 1653/2026:

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BETWEEN:

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THE DIVISIONAL CONTROLLER KSRTC HASSAN DIVISION, HASSAN REP. BY ITS CHIEF LAW OFFICER CENTRAL OFFICES, K. H. ROAD SHANTHINAGAR BENGALURU - 560 027.

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...APPELLANT

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(BY SRI JAGADEESH G S, ADVOCATE)

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AND:

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C.S. RAMESH, S/O SWAMYGOWDA AGED ABOUT 38 YEARS RESIDING AT CHIKKABOGANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT.

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...RESPONDENT

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(BY SRI SREENIVASAN M Y, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2025 PASSED IN MVC No.638/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT PANDAVAPURA, PARTLY ALLOWING COMPENSATION OF Rs.5,47,838/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

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HC-KAR

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THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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MFA No.4613/2026 is filed by the claimant

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seeking enhancement of compensation and MFA No.1653/2026 is filed by the corporation (KSRTC) challenging the quantum of compensation awarded by the Tribunal in Judgment and Award dated 21.08.2025 passed in MVC No.638/2023 by Senior Civil Judge and MACT, Pandavapura.

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2. Even though appeals are listed today for

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orders/admission, they are taken up for disposal with the consent of counsels appearing for parties.

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3. The claimant made a claim petition

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praying to award compensation for injuries sustained by him in a road traffic accident occurred on 30.01.2023 contending that the accident occurred due to the rash and negligent driving of the driver of KSRTC bus bearing

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HC-KAR

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registration No.KA-13/F-2059. The Tribunal recorded evidence, appreciating evidence on record has assessed the compensation and awarded compensation under various heads as under:

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Towards Loss of Future Income	Rs.3,87,934.00
Towards Pain and Suffering	Rs.15,000.00
Towards Nourishment & Diet expenses	Rs.10,000.00
Towards Attendance & Conveyance charges	Rs.10,000.00
Towards Loss of Income during laid up period	Rs.28,736.00
Towards Loss of Amenities	Rs.10,000.00
Towards Medical Bills	Rs.86,168.00
Towards Future Medical Expenses Total	- Rs.5,47,838.00

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4. The Tribunal has also awarded interest at

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the rate of 6% per annum from the date of petition till realisation and saddled the entire liability on the corporation to pay award amount with interest. The corporation has challenged the saddling of entire liability on the corporation and the claimant has filed appeal seeking enhancement of compensation.

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HC-KAR

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5. Heard learned counsel for the claimant

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and learned counsel for the corporation.

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6. Learned counsel for the claimant would contend that P.W.2 has assessed the physical disability at 40% and neurological disability at 15.8% and the Tribunal ought to have taken the disability at 53.8% but the Tribunal has erred in taking the disability at 15%. The accident occurred in the year 2023 and as per chart prepared by the Legal Services Authority, the notional income for the said year is Rs.16,000/-. The Tribunal has erred in taking income at Rs.14,367.96/- based on minimum wages. The claimant has sustained injuries as noted in Ex.P6 and considering the same, the compensation awarded for pain and suffering and loss of amenities are on lower side. He further submits that the charge sheet has been filed against the driver of the bus and therefore, the Tribunal has rightly saddled the liability on the corporation to pay the entire award amount.

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HC-KAR

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7. Learned counsel for the Corporation would

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contend that the accident has occurred when claimant entered road from the petrol pump premises suddenly and the bus came out from the bus stand. Considering the same there is contributory negligence on the part of the claimant also and the Tribunal has erred in saddling the entire liability on the corporation. He further contended that the Tribunal has rightly held that the claimant himself gave evidence and faced cross examination. Considering the said aspect there is no neurological disability and the Tribunal rightly taken disability at 15%. The Tribunal has awarded just compensation under other heads and there are no grounds for enhancement of compensation.

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8. Having heard learned counsels, this Court

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has impugned judgment, award and Ex.P3 –sketch furnished by learned counsel for the claimant.

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9. The following points are arises for

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consideration

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HC-KAR

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i) Whether the Tribunal is justified in saddling the entire liability on the corporation?

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ii) Whether the compensation awarded by the Tribunal is just and proper and are there any grounds for enhancement?

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Point No.1: The accident occurred on 30.01.2023 at about 03.30 pm. The claimant was riding his bike bearing registration No.KA-11/W-4477. Sketch contained in Ex.P3 indicates that the accident has taken place in front of the petrol pump. The claimant was entering the road after filling petrol to his motorcycle. At that time the driver of the KSRTC bus drove his bus from bus stand and entered the road and accident occurred at distance of 10 feet from the petrol pump and 20 feet from the bus stand road edge. Even though the charge sheet is filed against the driver of the bus, on perusal of the sketch and evidence on record, it is clear that the claimant has also contributed negligence

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HC-KAR

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and his negligence is assessed at 25% and negligence of the driver is assessed at 75%. Accordingly, point No.1 is answered.

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10. Point No.2: As per Ex.P6 –wound certificate issued by KVC Hospital, the claimant has sustained Traumatic brain injury, subdural hematoma with acute subarachnoid hemorrhage, diffuse cerebral edema, multiple hemorrhagic contusion in right temporal and left foot lobes, multiple facial bone fracture. P.W.2 is the doctor who has assessed the disability. P.W.2 has stated that the physical disability of claimant is 40%, Neurological disability is 13.8% and disability of the whole body is 53.8%. P.W.2 is not a treated doctor. The Tribunal noted that the claimant himself has given evidence faced cross examination and has held that he is not having any neurological disability. The physical disability as assessed by P.W.2 is at 40% to the whole body. Considering the injuries noted above and evidence of P.W.2, the disability taken

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HC-KAR

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by the Tribunal is 15% is on lower side and disability to

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be taken is 20% to the whole body.

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11 . The accident occurred in the year 2023 and for the said year the notional income as per chart prepared by Legal Services Authority is Rs.16,000/-. The Tribunal has taken the income of the claimant at Rs.14,367.96/- based on minimum wages. Claimant's occupation is agriculture and business. As income is not established, the notional income as per chart is to be taken into consideration, which is fixed for the year 2023 at Rs.16,000/-. Considering the said aspect, the loss of future income is calculated as under:

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Rs.16,000/-x12x15x20% = Rs.5,76,000/-.

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12. Considering the injuries noted above the

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pain and suffering awarded by the Tribunal in sum of Rs.15,000/- requires to be enhanced to Rs.75,000/and loss of amenities awarded in a sum of Rs.10,000/requires to be enhanced to Rs.30,000/-. The claimant is

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HC-KAR

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stated to be admitted in hospital for 06 days and therefore he is entitled to attendant and conveyance charges in a sum of Rs.6,000/- (Rs.1,000/- x6) as against Rs.10,000/- as awarded by the Tribunal. The Tribunal has awarded loss of income during laid-up period for 02 months. As the income taken now is Rs.16,000/-, the claimant is entitled to loss of income during laid-up period at Rs.32,000/- (Rs.16,000/- x 2) as against Rs.28,736/- as awarded by the Tribunal. The Tribunal has rightly awarded medical expenses, food, nourishment and diet expenses. Considering the above aspects, the claimant is entitled to total compensation

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as under:

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Towards Loss of Future Income	Rs.5,76,000/-
Towards Pain and Suffering	Rs.75,000/-
Towards Nourishment & Diet expenses	Rs.10,000/-
Towards Attendance & Conveyance charges	Rs.6,000/-
Towards Loss of Income during laid up period	Rs.32,000/-
Towards Loss of Amenities	Rs.30,000/-
Towards Medical Bills	Rs.86,168/-
Total	Rs.8,15,168/-

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HC-KAR

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13. As the contributory negligence on the part

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of the claimant is assessed at 25% and the driver of the bus at 75%, the claimant is entitled to 75% of the total compensation of Rs.8,15,168/which comes to Rs.6,11,376/-. The claimant is entitled to total compensation of Rs.6,11,376/- with interest at the rate of 6% per annum from the date of the petition till the realisation. Accordingly, Point No.2 is answered.

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14. In view of the above, the following

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ORDER

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i) Both appeals are allowed in part .

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ii) The claimant is entitled total compensation of Rs.6,11,376/- with interest at the rate of 6% per annum from the date of petition till realization.

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iii) The corporation shall deposit the said compensation amount with interest before the

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