Smt. Saraswathi. R Vs the Managing Director

SMT. SARASWATHI R. W/O SHASHIKUMAR, AGED ABOUT 59 YEARS, R/AT FLAT NO. 101, HOOMALE, NAYANAPPANAHALLI, D.L.F. NEAR AKSHAYA NAGAR, BANNERGHATTA ROAD, BEGUR, BENGALURU - 560 068.

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…APPELLANT

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(BY SRI. A.S. GIRISH, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE MANAGING DIRECTOR BMTC SARIGE BHAVANA, K.H.ROAD (DOUBLE ROAD), SHANTINAGAR, BENGALURU - 560 027.

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…RESPONDENT

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(BY SRI. D. VIJAY KUMAR, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 05/11/2025 PASSED IN MVC NO. 8193/2023 ON THE FILE OF XVI ADDITIONAL JUDGE, COURT OF SMALL CUASES, BENGALURU,

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2 - NC: 2026:KHC:37790 MFA No. 3259 of 2026

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HC-KAR

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CNR: KAHC010308502026

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PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL 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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This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 05.11.2025 passed in MVC No.8193/2023 by XVI Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-14).

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Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellant and learned counsel for respondent, the matter is taken up for disposal.

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The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained

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by him in a road traffic accident which took place on 04.11.2023 contending that the accident occurred due to

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NC: 2026:KHC:37790 MFA No. 3259 of 2026

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HC-KAR

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CNR: KAHC010308502026

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rash and negligent driving by the driver of BMTC bus bearing registration No.KA-01-F-8934.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the

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compensation under various heads as under:

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Sl.	Particulars		Amount
No.
1.	Pain and suffering	Rs.	1,00,000/-
2.	Loss of Amenities	Rs.	50,000/-
3.	Medical expenses	Rs.	82,003/-
	Total	Rs.	2,32,003/-

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The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation.

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Heard the learned counsel for appellant and learned counsel for respondent.

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4 - NC: 2026:KHC:37790 MFA No. 3259 of 2026

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HC-KAR

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CNR: KAHC010308502026

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Learned counsel for the appellant would

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contend that, as per Ex.P5 - Wound Certificate, the claimant has sustained the following three injuries:

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(i) Swelling left leg (ii) Tenderness over left leg

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(iii) Degloving injuries to left leg.

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The claimant has been admitted in hospital. P.W.2 - Doctor has stated that the claimant requires further treatment and the Tribunal has not awarded any future medical expenses. P.W.2 - Doctor stated that the claimant is having 12% disability. Inspite of that, the Tribunal has not awarded loss of future income.

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The claimant is entitled to loss of income during laid up period. In view of the injuries sustained by him and he has been admitted in hospital. With these, he prayed to allow the appeal.

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Learned counsel for respondent would contend

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that, the compensation awarded is just and proper and

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5 -

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HC-KAR

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NC: 2026:KHC:37790 MFA No. 3259 of 2026

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CNR: KAHC010308502026

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there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard the learned counsel appearing for parties, the Court has perused the Judgment, Award and certified copy of the deposition of P.W.2 filed by the learned counsel for appellant.

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P.W.2 - Doctor who assessed the disability has stated that the claimant is having 12% disability. Even though there is 12% disability, the Tribunal has not awarded any compensation for loss of future income. In view of evidence of P.W.2 - Doctor, the disability is to be taken at 10%.The notional income is to taken at 16,250/and multiplier applicable is '9'. In view of the above, loss of future income is calculated as under:

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16,250 X 12 X 9 X 10% = 1,75,500/-

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In view of the injuries sustained by the claimant as noted in Ex.P5 - Wound Certificate, he has been admitted in hospital, he has to take rest for atleast three

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6 - NC: 2026:KHC:37790 MFA No. 3259 of 2026

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HC-KAR

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CNR: KAHC010308502026

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(03) months and therefore, he is entitled to loss of income during laid up period for three (03) months in a sum of Rs.48,750/- (16,250 X 3).

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As the claimant is admitted in hospital, he is entitled to food, nourishment, attendant and conveyance charges etc., in a sum of Rs.30,000/-.

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P.W.2 - Doctor has stated that the claimant has

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to take further treatment and considering the same, the claimant is entitled to future medical expenses in a sum of Rs.20,000/-.

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The Tribunal has rightly awarded the compensation towards pain and sufferings in a sum of Rs.1,00,000/-, loss of amenities in a sum of Rs.50,000/and medical expenses in a sum of Rs.82,003/-.

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Considering all the above aspects, the claimant

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is entitled to total compensation under various heads as under:

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HC-KAR

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NC: 2026:KHC:37790 MFA No. 3259 of 2026

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CNR: KAHC010308502026

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Sl.	Particulars		Amount
No.
1.	Pain and suffering	Rs.	1,00,000/-
2.	Loss of Amenities	Rs.	50,000/-
3.	Medical expenses	Rs.	82,003/-
4.	Loss of future income	Rs.	1,75,500/-
5.	Food, nourishment, attendant and conveyance charges etc.	Rs.	30,000/-
6.	Future medical expenses	Rs.	20,000/-
7.	Loss of income during laid up period	Rs.	48,750/-
	Total	Rs.	5,06,253/-

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The claimant is entitled to total compensation of

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Rs.5,06,253/- as against Rs.2,32,003/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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Consequently, the claimant is entitled to enhanced compensation of Rs.2,74,250/- (5,06,253 - 2,32,003) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent/Corporation is liable to pay enhanced compensation amount with interest.

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NC: 2026:KHC:37790 MFA No. 3259 of 2026

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HC-KAR

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CNR: KAHC010308502026

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The appellant/claimant is entitled to enhanced compensation of Rs.2,74,250/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent/Corporation shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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iv) The appellant/claimant is entitled to release of entire enhanced compensation.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 29

Smt. Saraswathi. R v. the Managing Director

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Smt. Saraswathi. R v. the Managing Director

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