Partly allowed

H R Chandrashekar v. the Managing Director

Karnataka HC17 Sept 2026MFA/4887/2025

Case brief

AI extract

What is this about?

The High Court of Karnataka partly allowed an appeal by the claimant against a Motor Accident Claims Tribunal award. The claimant, a 41-year-old driver, sought enhancement of compensation for injuries sustained in a KSRTC bus accident. The court increased the monthly notional income from Rs.15,500 to Rs.18,000 and extended the laid-up period from two to three months, raising the total award from Rs.4,95,258 to Rs.5,60,258 with 6% interest from the date of petition.

What did the court decide?

Enhanced compensation of Rs.65,000 (total Rs.5,60,258) with interest at 6% per annum from date of petition; respondent directed to deposit amount before Tribunal within six weeks.

H R Chandrashekar Vs the Managing Director — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:50692 MFA No. 4887 of 2025

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CNR: KAHC010427322025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4887 OF 2025 (MV-I)

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BETWEEN:

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H.R. CHANDRASHEKAR S/O RAJASHEKAR, AGED ABOUT 43 YEARS, R/AT AMBIKANAGARA, ARASINAKUNTE, BENGALURU RURAL - 562 123.

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…APPELLANT

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(BY SRI. SATHISHA T., ADVOCATE)

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AND:

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THE MANAGING DIRECTOR Digitally signed KSRTC DEPOT, by BENGALURU CENTRAL OFFICE, PADMASHREE K.H. ROAD, SHANTHINAGAR, SHEKHAR BENGALURU - 560 027. DESAI Location: HIGH COURT OF (BY SMT. NAYANASHREE, ADVOCATE FOR KARNATAKA SRI. ASHOK N. NAYAK, ADVOCATE)

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…RESPONDENT

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THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.10.2024 PASSED IN MVC NO.2502/2023 ON THE FILE OF THE XXII ADDITIONAL SMALL

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2 - NC: 2026:KHC:50692 MFA No. 4887 of 2025

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HC-KAR

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CNR: KAHC010427322025

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CAUSES JUDGE AND ACJM AND MEMBER, MACT, BENGALURU (SCCH-24) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF

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COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION 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 07.10.2024 passed in MVC No.2502/2023 by XXII Additional Small Causes Judge and ACJM and Member, MACT, Bengaluru (SCCH-24).

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

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3 - NC: 2026:KHC:50692 MFA No. 4887 of 2025

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HC-KAR

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CNR: KAHC010427322025

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The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 16.03.2023 contending that the accident occurred due to rash and negligent driving by the driver of KSRTC bus bearing registration No.KA-57-F-4282.

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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 compensation under various heads as under:

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Sl.	Particulars		Amount
No.
1.	Towards pain and sufferings	Rs.	60,000/-
2.	Towards conveyance, attendant charges and nourishing food	Rs.	25,000/-
3.	Towards loss of income during laid up period	Rs.	31,000/-
4.	Loss of future income	Rs.	2,60,400/-
5.	Medical expenses	Rs.	73,858/-
6.	Future medical expenses	Rs.	25,000/-
7.	Loss of comfort and amenities	Rs.	20,000/-
	Total	Rs.	4,95,258/-

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4 - NC: 2026:KHC:50692 MFA No. 4887 of 2025

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HC-KAR

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CNR: KAHC010427322025

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The Tribunal has also awarded the interest at

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the rate of 6% per annum from the date of petition till realisation and directed the respondent/KSRTC 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/KSRTC.

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The accident occurred on 16.03.2023 and as on the date of accident, the claimant was aged forty one (41) years and considering the same, the Tribunal has rightly applied multiplier '14'. The occupation of the claimant is stated to be Driver. The Tribunal has taken notional income of Rs.15,500/-. Ex.P9 is a copy of Driving License of the claimant to drive Light Motor Vehicle. Considering the fact that the claimant is a Driver, the income of the claimant is to be taken higher than the notional income. Therefore, the income of the claimant is to be taken at

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5 - NC: 2026:KHC:50692 MFA No. 4887 of 2025

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HC-KAR

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CNR: KAHC010427322025

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Rs.18,000/per month. Learned counsel for the appellant/claimant has not disputed the disability taken by the Tribunal at 10%. In view of the same, loss of future income is calculated as under:

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Rs.18,000/- X 12 X 14 X 10% = Rs.3,02,400/-

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The claimant has sustained fracture of humerus. Considering the same, the compensation awarded towards pain and suffering in a sum of Rs.60,000/- and loss of amenities in a sum of Rs.20,000/is just and proper.

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The claimant has been admitted in hospital for nine (09) days. Considering the same, the compensation awarded towards attendant, conveyance charges etc. is just and proper. The Tribunal has awarded loss of income during laid up period for two (02) months by taking the income at Rs.15,500/-. Considering the injury sustained, the claimant has to take rest atleast for (03) months. Therefore, he is entitled to loss of income during laid up

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6 - NC: 2026:KHC:50692 MFA No. 4887 of 2025

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HC-KAR

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CNR: KAHC010427322025

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period for (03) months i.e., Rs.54,000/- (Rs.18,000/- X 03

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months).

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The Tribunal considering the evidence on record

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has rightly awarded medical expenses and future medical expenses.

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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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Sl.	Particulars		Amount
No.
1.	Pain and sufferings	Rs.	60,000/-
2.	Attendant, conveyance charges etc.	Rs.	25,000/-
3.	Loss of income during laid up period	Rs.	54,000/-
4.	Loss of future income	Rs.	3,02,400/-
5.	Medical expenses	Rs.	73,858/-
6.	Future medical expenses	Rs.	25,000/-
7.	Loss of amenities	Rs.	20,000/-
	Total	Rs.	5,60,258/-

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The claimant is entitled to total compensation of

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Rs.5,60,258/- as against Rs.4,95,258/- awarded by the Tribunal with interest.

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HC-KAR

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NC: 2026:KHC:50692 MFA No. 4887 of 2025

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CNR: KAHC010427322025

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Consequently, the claimant is entitled to

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enhanced compensation of Rs.65,000/- (Rs.5,60,258/- - Rs.4,95,258/-) with interest at the rate of 6% per annum from the date of petition till realisation.

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The Respondent/KSRTC is liable to pay the said

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enhanced compensation amount with interest.

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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.65,000/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) The Respondent/KSRTC shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day.

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HC-KAR

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NC: 2026:KHC:50692 MFA No. 4887 of 2025

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CNR: KAHC010427322025

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

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interest.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 40

H R Chandrashekar v. the Managing Director

Case brief

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H R Chandrashekar v. the Managing Director

Case brief

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