B.Shantharaju Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2026)

B.Shantharaju Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Additional compensation of Rs.65,000/- (Rs.15,000/- enhancement under pain and suffering plus Rs.50,000/- under loss of amenities) with interest at 6% per annum from the date of petition till realization, to be deposited by the respondent-Corporation and released to the appellant-claimant; other heads left unaltered; Registry directed to draw modified award.

Issue for consideration

Whether the appellant-injured is entitled to higher compensation under the head of pain and suffering, and to compensation under the head of loss of amenities which the Tribunal did not award. +1 more

Court's answer

Compensation under the head of pain and suffering is enhanced from Rs.25,000/- awarded by the Tribunal to Rs.40,000/-, i.e., an enhancement of Rs.15,000/-, considering the medical evidence and PW2 testimony showing 29 days' inpatient treatment.

Ratio / Principle

A compensation of Rs.50,000/- is awarded under the head of loss of amenities, a head under which the Tribunal had awarded nothing.

Key takeaways

The award of compensation by the Tribunal under the other heads remains unaltered.ratio¶30
The appellant is entitled to additional compensation of Rs.65,000/- (Rs.15,000 + Rs.50,000) along with interest at 6% per annum from the date of petition till realization, in addition to what has been awarded by the Tribunal.ratio¶30

Detailed headnote1 paragraphs

Miscellaneous First Appeal under S.173(1) MV Act by the injured claimant against the award dated 02.01.2020 in MVC No.267/2015 of the Senior Civil Judge and CJM, Chamarajanagar, which had partly allowed his claim against the KSRTC Divisional Controller. Holding, on the medical evidence (Ex.P8 inpatient records, Ex.P9 discharge summary) and PW2's testimony that the claimant was an inpatient for 29 days at JSS Hospital, Mysuru, that compensation under 'pain and suffering' required enhancement from Rs.25,000/- to Rs.40,000/-, and awarding Rs.50,000/- under 'loss of amenities', a head not compensated by the Tribunal, while leaving the award under other heads unaltered. Total additional compensation of Rs.65,000/- with interest at 6% per annum from the date of petition till realization directed to be deposited and released to the claimant; appeal partly allowed and Registry directed to draw the modified award.

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NC: 2026:KHC:15720 M.F.A. No.4433/2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4433/2020 (MV-I)

BETWEEN:

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

B. SHANTHARAJU S/O BASAVASHETTY AGED ABOUT 36 YEARS R/AT MANGALA VILLAGE CHAMARAJANAGAR TQ AND DISTRICT-571441. …APPELLANT (BY SRI. SREENIVASAN M.Y. ADV.,) AND: THE DIVISIONAL CONTROLLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF KSRTC, K.H. DOUBLE ROAD SHANTHINAGARA BENGALURU-560027.

…RESPONDENT

(BY SMT. RADHA B.P. ADV.,)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.01.2020 PASSED IN MVC NO.267/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CHAMARAJANAGAR, 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:

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NC: 2026:KHC:15720 M.F.A. No.4433/2020

HC-KAR

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 02.01.2020 passed in MVC.No.267/2015 by the Senior Civil Judge and CJM, Chamarajanagar, (for short, ‘Tribunal’).

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

Heard Sri.Sreenivasan M.Y., learned counsel appearing for the appellant-injured and Smt.Radha B.P., learned counsel appearing for the respondent-Corporation and perused the material available on record.

This appeal is filed by the injured-claimant

seeking higher compensation under the head of pain and suffering and contending that the Tribunal has not awarded any compensation under the head of loss of

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amenities in life. The appeal is opposed by the respondent-corporation contending that the award of compensation by the Tribunal is just and proper as the Tribunal has awarded higher compensation under the head of loss of earnings during the treatment, which can be adjusted towards the loss of amenities.

The parties to proceedings do not dispute that the appellant-claimant sustained injuries in a road accident dated 11.06.2025 and he was provided treatment at JSS Hospital, Mysuru, as is evident from Ex.P9 discharge summary and inpatient records as per Ex.P8. The medical evidence on record as well as the oral testimony of PW2 indicate that the appellant was inpatient for a period of 29 days and undergone treatment. Considering the aforesaid evidence, I am of the considered view that the compensation of Rs.40,000/- is required to be awarded under the head of pain and suffering as against Rs.25,000/- awarded by the Tribunal, thus, it is enhanced by Rs.15,000/- (Rs.40,000-25,000) and the

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compensation of Rs.50,000/- is required to be awarded under the head of loss of amenities. Insofar as the award of compensation by the Tribunal under other heads is concerned, the same remains unaltered. Thus, appellant is entitled to additional compensation of Rs.65,000/- (Rs.15,000+Rs.50,000) along with interest at the rate of 6% per annum from the date of petition till realization in addition to what has been awarded by the Tribunal.

In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. The respondent-corporation shall deposit the additional compensation of Rs.65,000/- with interest at 6% per annum from the date of petition till realization. On such deposit, the additional compensation amount shall be released in favour of the appellant-claimant.

Registry to draw modified award accordingly.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

BSR/List No.: 1 Sl No.: 19