Karnataka High Court
The Divisional Controller Ksrtc vs Shalini V Naik on 7 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-K:4528
MFA No. 202307 of 2024
C/W MFA No. 203027 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 202307 OF 2024 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 203027 OF 2024
IN M.F.A.NO.202307/2024
BETWEEN:
THE DIVISIONAL CONTROLLER,
KSRTC ANKOLA DEPOT,
DIST: KARWAR - 577 419,
UTTAR KANNADA,
THROUGH DIVISIONAL CONTROLLER,
REPRESENTED BY CHIEF LAW OFFICER/
LAW OFFICER, HUBBALLI.
...APPELLANT
Digitally signed (BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE)
by RENUKA
Location: HIGH AND:
COURT OF
KARNATAKA
1. SMT. SHALINI V. NAIK
W/O VENKATRAMANA NAIK,
AGE: 45 YEARS,
OCC: EX. LADIES TAILOR
AND RUNNING KIRANA STORE,
R/O: V.T. ROAD, ANKOLA,
DISTRICT: KARWAR - 577 419,
NOW BEHIND DADDY COLONY,
RAICHUR - 584 101.
-2-
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MFA No. 202307 of 2024
C/W MFA No. 203027 of 2024
HC-KAR
2. PRAKASH CHANNAPPA HULLAMBI,
AGE: MAJOR,
OCC: DRIVER OF KSRTC,
BUS BRG. NO. KA-32/F-1503,
R/O: ANKOLA DEPOT,
DIST: KARWAR, UTTAR KANNADA.
...RESPONDENTS
(BY SRI A.M.PATIL, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO CALL FOR THE ENTIRE RECORDS
IN MVC NO.151/2020 ON THE FILE OF II ADDL. DISTRICT
JUDGE (MACT) RAICHUR AND SET ASIDE THE IMPUGNED
JUDGMENT AND AWARD DATED 07.02.2024 GRANTING
COMPENSATION OF RS.5,97,100/- IN SOFAR AS IT SADDLES
THE LIABILITY UPON THE APPELLANT CORPORATION I.E.
KSRTC RAICHUR FURTHER THIS HON'BLE COURT BE PLEASED
TO HOLD THAT THE AWARD OF COMPENSATION TO BE
EXCESSIVE AND LIABLE TO BE REDUCED, IN THE INTEREST OF
JUSTICE.
IN M.F.A.NO.203027/2024
BETWEEN:
SMT. SHALINI V. NAIK
W/O VENKATRAMANA NAIK,
AGE: 49 YEARS,
OCC: EX. LADIES TAILOR
AND RUNNING KIRANA STORE,
R/O: V.T. ROAD, ANKOLA,
DISTRICT: KARWAR,
NOW BEHIND DADDY COLONY,
RAICHUR, DIST: RAICHUR - 584 101.
...APPELLANT
(BY SRI A.M.PATIL, ADVOCATE)
-3-
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MFA No. 202307 of 2024
C/W MFA No. 203027 of 2024
HC-KAR
AND:
1. PRAKASH CHANNAPPA HULLAMBI,
AGE: MAJOR,
OCC: DRIVER OF KSRTC,
BUS BRG. NO. KA-32/F-1503,
R/O: ANKOLA DEPOT,
DIST: KARWAR, UTTAR KANNADA.
2. THE DIVISIONAL CONTROLLER,
KSRTC ANKOLA DEPOT,
DIST: KARWAR (UTTAR KANNADA),
THROUGH DIVISIONAL CONTROLLER,
KSRTC, RAICHUR - 584 101.
...RESPONDENTS
(BY SMT. PATIL SHANTABAI SUBHASH, ADVOCATE FOR R1;
R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 07.02.2024,
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE (MACT), AT RAICHUR, IN M.V.C.NO.151/2020 AND
PLEASED TO CALL FOR TRIAL COURT RECORDS AND PLEASED
TO ENHANCE THE COMPENSATION, IN THE INTEREST OF
JUSTICE.
THESE MFA'S, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
MFA No.202307/2024 is filed by KSRTC challenging the
quantum of compensation awarded in the judgment and award
dated 07.02.2024 passed in MVC No.151/2020 by II Additional
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District and Sessions Judge and Motor Accident Claims Tribunal,
Raichur.
2. MFA No.203027/2024 is filed by claimant seeking
enhancement of compensation awarded by the Tribunal.
3. Heard learned counsel for KSRTC and learned
counsel for the claimant.
4. Learned counsel for KSRTC would contend that
multiplier applicable is 13 as per the chart of the Motor Vehicles
Act. He further submits that disability is taken at 15% is higher
side and tribunal ought to have taken 10% since injury and
fracture sustained by claimant doest not affect her work of
tailoring.
5. Learned counsel for the claimant would contend
that the Tribunal ought to have been taken disability at 20%
instead of 15% since there is fracture to the right shoulder
considering the fact that claimant's occupation is tailoring. She
further submits that compensation awarded for laid up period is
only for two months and it ought to have been taken for four
months. Compensation awarded for future amenities in a sum
of Rs.15,000/- is lower side, the Tribunal ought to have
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awarded in a sum of Rs.30,000/-. With these she prays to
enhance the compensation.
6. Having heard learned counsels, this Court has
perused the impugned order and trial Court records.
7. The claimant is aged about 45 years as on the date
of accident and she was tailor is not is dispute. The doctor who
examined the claimant has opined that disability is 21% -30%
of the whole body. The Tribunal has taken disability at 15%.
Considering the occupation of the claimant, the disability of
15% is proper and correct.
8. The claimant has sustained fracture on right
shoulder, implant is fixed and it affected her work of tailoring.
Claimant has been admitted in the hospital for nine days.
Considering the fracture, the Tribunal ought to have awarded
loss of income during laid up period for three months instead of
two months. Therefore, the claimant is entitled for loss of
income during laid up period in a sum of Rs.41,250/- (13,750/-
x 3 months).
9. Considering the fracture on right shoulder and
fixing of implant, compensation awarded for loss of amenities in
a sum of Rs.15,000/- is on lower side and the Tribunal ought
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to have awarded a sum of Rs.30,000/- towards loss of
amenities.
10. The tribunal has rightly awarded medical expenses
in a sum of Rs.11,485/-, conveyance charges in a sum of
Rs.10,000/-, attendants charges in a sum of Rs.10,000/-
nourishment in a sum of Rs.10,000/-, loss of future earnings in
a sum of Rs.4,33,125/- and future medical expenses in a sum
of Rs.30,000/-.
11. In view of the decision of the Hon'ble Apex Court in
the case of Sarla Verma Vs Delhi Transport Corporation1,
the multiplier applicable is 14 as the claimant -injured is aged
45 years. Considering above aspects, claimant is entitled for
compensation a under;
Sl.No. Heads Compensation in Rs.
1 Pain and suffering 50,000/-
2 Medical Expenses 11,485/-
3 Conveyance Charges 10,000/-
4 Attendant's charges 10,000/-
5 Nourishment 10,000/-
6 Loss of income 41,250/-
during laid up period
(13,750/- x 03)
7 Loss of future 4,33,125/-
earnings
8 Loss on account of 30,000/-
Reported in 2009 ACJ 1298
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future amenities of
life
9 Future Medical 30,000/-
Expenses
Total in a sum of Rs. 6,25,860/-
12. In view of the above the claimant is entitled total
compensation of Rs.6,25,860/- against Rs.5,95,100/- as
awarded by the Tribunal.
13. In view of the above, the following
ORDER
i) MFA No.202307/2024 filed by KSRTC is dismissed.
ii) MFA No.203027/2024 filed by the claimant is
allowed in part.
iii) The claimant is entitled for total compensation
amount of Rs.6,25,860/- with interest at the rate of
6% per annum from the date of petition till
realization.
iv) Respondent No.2 -KSRTC is liable to pay
compensation.
v) Respondent No.2 is directed to deposit
compensation amount within 08 weeks from this
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HC-KAR
day failing which liable to pay interest at the rate of
9% per annum till payment.
vi) The order of deposit 50% of compensation amount
passed by the Tribunal is remained undisturbed.
vii) The amount in deposit, if any, deposited by KSRTC
is ordered to transmitted to the Tribunal.
viii) The claimant is not entitled interest for period of
delay of 85 days in filing this appeal.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
