Gangadara R v. the Divisional Controller
Motor Vehicles Act, S.173(1) – Injury claims
Case brief
What is this about?
NWKRTC/KSRTC bus (KA-26-F-1163) vs rider and pillion of motorcycle KA-08-EV-8565; accident 04.03.2024; sole negligence of bus driver upheld on charge sheet Ex.P6 (Ss.279, 338 IPC, column 17: bus overtook and braked suddenly), spot sketch Ex.P3 and MVAR Ex.P4; notional income Rs.17,000/- p.m. (KSLSA, 2024) replacing Rs.13,268/- minimum wages; multiplier 13 (age 49) and multiplier 11 (age 53); whole-body disability 16% and 15%; pain and suffering enhanced to Rs.50,000/-, loss of amenities to Rs.25,000/-, laid-up income Rs.34,000/-; MVC 789/2024 enhanced by Rs.1,28,864/- to Rs.7,92,273/-; MVC 790/2024 enhanced by Rs.1,09,652/- to Rs.5,77,651/-; interest 6% p.a., default 9% on non-deposit within eight weeks; MFA 9724/2025 and 9777/2025 dismissed, MFA.CROB 32 and 33 of 2026 allowed in part; Shivashankar AmaranNavar J; High Court of Karnataka, decided 20-07-2026.
What did the court decide?
MFA No.9724/2025 and MFA No.9777/2025 filed by the Corporation (NWKRTC) dismissed; MFA.Crob.No.32/2026 and MFA.Crob.No.33/2026 allowed in part. Claimant in MFA.Crob.32/2026 entitled to enhanced compensation of Rs.1,28,864/- and claimant in MFA.Crob.33/2026 to enhanced compensation of Rs.1,09,652/-, each with interest @ 6% p.a. from the date of petition till realization. Corporation to deposit the enhanced amounts with interest within eight weeks, failing which interest @ 9% p.a. till payment; claimants entitled to release of entire enhanced compensation; amount in deposit ordered to be transferred to the Tribunal.