Karnataka High Court
Thirthappa v. Karnataka Road Transport Corporation(K.s.r.t.c)
2026:KHC:42018 · MFA/1754/2022
- Decision date
- 2026-08-07
- Text availability
- Full text
- Judges
- Rajesh Rai K
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - HC-KAR NC: 2026:KHC:42018 MFA No. 1754 of 2022 CNR: KAHC010179092021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1754 OF 2022(MV-I) BETWEEN: THIRTHAPPA S/O ESHWARAPPA AGED ABOUT 38 YEARS, R/AT NAGABOVANAHALLI CHICKMAGALURU DISTRICT KARNATAKA STATE-577 145 …APPELLANT (BY SRI. PRAMODA GOWDA T.P, ADVOCATE) AND: KARNATAKA ROAD TRANSPORT CORPORATION (K.S.R.T.C) Digitally signed by CENTRAL OFFICE, H.SIDDAIAH ROAD PANKAJA S BANGALORE-560 027, BY ITS MANAGER Location: HIGH …RESPONDENTCOURT OF KARNATAKA (BY SRI. NAGARAJA K, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2019 PASSED IN MVC NO.5628/2017 ON THE FILE OF THE XXI ADDITIONAL SCJ AND XIX ACMM, MEMBER, MACT, BENGALURU SCCH-23, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 2 - HC-KAR NC: 2026:KHC:42018 MFA No. 1754 of 2022 CNR: KAHC010179092021 ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.71,520/- awarded by the Tribunal in MVC No.5628/2017 dated 05.04.2019, is in appeal. 2. The fact that the accident occurred and the further fact that the bus belonging to KSRTC is liable to pay the compensation are not in dispute.
3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. Amount Particulars No. in (Rs.) Pain and sufferings including 1. 20,000 mental agony 2. Medical expenses 41,250 Conveyance, nourishment and 3. 10,000 nutritious food Total 71,520 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.25,000/- as global compensation, in - 3 - HC-KAR NC: 2026:KHC:42018 MFA No. 1754 of 2022 CNR: KAHC010179092021 addition to what has been awarded by the Tribunal i.e., Rs.71,520/-. Thus, the claimant is held entitled to the total compensation of Rs.96,520/- as against Rs.71,520/-. However, no interest is awarded in respect of global compensation of Rs.25,000/-. Further, the appellant-claimant is not entitled for interest for the delayed period of 235 days in filing this appeal. 5. The respondent-KSRTC is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 6. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 10