Karnataka High Court

Bharat vs The Divisional Controller Nwksrtc on 29 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                         NC: 2025:KHC-K:4984
                                                     MFA No. 201527 of 2023
                                                 C/W MFA No. 201700 of 2023

                    HC-KAR




                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                             DATED THIS THE 29TH DAY OF AUGUST, 2025

                                             BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                      MISCL. FIRST APPEAL NO. 201527 OF 2023 (MV-I)
                                              C/W
                      MISCL. FIRST APPEAL NO. 201700 OF 2023 (MV-I)

                   IN M.F.A.NO.201527/2023

                   BETWEEN:

                       REKHA
                       W/O TANAJI JADHAV,
                       AGE: 29 YEARS,
                       OCC: AGRICULTURE,
                       RESIDENT OF BANJARA COLONY,
                       VIJAYAPURA - 586 101.

Digitally signed
                                                                ...APPELLANT
by RENUKA
Location: HIGH     (BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                       THE DIVISIONAL CONTROLLER,
                       NWKSRTC, SIRASI - 581 401.

                                                               RESPONDENT

                   (BY SRI DEEPAK V. BARAD, ADVOCATE)

                       THIS MFA IS FILED UNDER SECTION 173(1) OF THE
                   MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
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                                     NC: 2025:KHC-K:4984
                                MFA No. 201527 of 2023
                            C/W MFA No. 201700 of 2023

HC-KAR




ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED
29.01.2021 PASSED BY THE COURT OF I ADDITIONAL SENIOR
CIVIL JUDGE AND MEMBER, MACT-VI, AT VIJAYAPURA IN
M.V.C.NO.1547/2015, IN THE INTEREST OF JUSTICE AND
EQUITY.

IN M.F.A.NO.201700/2023

BETWEEN:

   BHARAT
   S/O RAMCHANDRA JADHAV,
   AGE: 58 YEARS,
   OCC: AGRICULTURE,
   RESIDENT OF BANJARA COLONY,
   VIJAYAPURA - 586 101.
                                            ...APPELLANT

(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)

AND:

   THE DIVISIONAL CONTROLLER,
   NWKSRTC, SIRASI - 581 401.
                                           RESPONDENT

(BY SRI DEEPAK V. BARAD, ADVOCATE)

     THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND
ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED
29.01.2021 PASSED BY THE COURT OF I ADDITIONAL SENIOR
CIVIL JUDGE AND MEMBER, MACT-VI, AT VIJAYAPURA IN
M.V.C.NO.1548/2015, IN THE INTEREST OF JUSTICE AND
EQUITY.

    THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                              NC: 2025:KHC-K:4984
                                     MFA No. 201527 of 2023
                                 C/W MFA No. 201700 of 2023

HC-KAR




CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR
          AMARANNAVAR


                      ORAL JUDGMENT

Though these appeals listed for admission, with the

consent of both learned counsels, the appeals are taken up

together for final disposal.

MFA No.201527/2023 is filed by the appellant-

claimant seeking enhancement of compensation being

aggrieved by judgment and award passed in MVC

No.1547/2015 by the I-Addl. Senior Civil Judge &

MACT-VI, Vijayapura (hereinafter referred to as 'the

Tribunal' for short) dated 29.01.2021.

MFA No.201700/2023 is filed by the appellant-

claimant seeking enhancement of compensation being

aggrieved by the judgment and award passed in MVC

No.1548/2015 by the I-Addl. Senior Civil Judge & MACT-

VI, Vijayapura, dated 29.01.2021.

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HC-KAR

2. Brief facts leading to filing of claim petitions are

that, on 13.04.2015 at about 10:30 p.m. both claimants

were sitting on the stationed motorcycle bearing No.MH-

13/AJ-1256 near Eklaspur village, at that time, KSRTC bus

bearing No.KA-31/F-1349 came from Mangalweda side in a

high speed, rash and negligent manner, the driver being

unable to control over the same, came on wrong side and

dashed to the said stationed motorcycle. As a result, both

claimants sustained fractural injuries. The claimants

contended that they having suffered the injuries are

entitled for compensation from the respondent-

Corporation.

3. Learned counsel for the appellants-claimants

would contend that the notional income considered by the

Tribunal is on the lower side and the disability assessed by

the Tribunal is not proper. He further contends that the

compensation awarded by the Tribunal on the other heads

is also on the lower side. Hence, needs to be reassessed

by this Court. Hence, prayed to allow the appeals.

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4. Per contra, learned counsel for the respondent-

Corporation would contend that the compensation

awarded by the Tribunal is adequate considering the age,

income and avocation of the claimants and there is no

need for any interference by this Court. Hence, prays for

dismissal of appeals.

5. Having heard learned counsels, this Court

perused the impugned judgment and the Trial Court

Records.

6. The date of the accident, age of the claimants

and liability on the respondent-Corporation are not in

dispute.

7. The accident occurred in the year 2015. The

claimants have not produced any evidence to show their

avocation. Therefore, the guidelines issued by KSLSA for

the purpose of settlement of disputes before the Lok-

Adalath prescribe a notional income of Rs.8,000/- per

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month for the year 2015, but the Tribunal has taken their

monthly income at Rs.6,000/- per month is not proper.

In MFA No.201527/2023:

8. Considering the injuries to left lower third tibia

fibula fracture sustained by the claimant-Rekha, the

Tribunal has taken disability at 8%, which is on the lower

side. The Tribunal ought to have taken the disability at

10% considering the injuries sustained by the claimant.

The Tribunal has rightly taken multiplier. Therefore,

considering the same, the loss of future income is

calculated as under:

Rs.8,000/- x 12 x 18 x 10% = Rs.1,72,800/-

9. The claimant has sustained two fractures.

Considering the same, the amount awarded by the

Tribunal towards pain and suffering at Rs.20,000/- is on

the lower side, which needs to be enhanced to

Rs.50,000/-.

10. The Tribunal has rightly awarded a sum of

Rs.16,291/- towards medical expenses.

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11. The claimant was admitted in the hospital for

10 days and advised for rest. Considering the same, she is

entitled for loss of income during laid up period for three

months that is Rs.24,000/- (Rs.8,000/- x 3).

12. The claimant had sustained injuries to left lower

third tibia fibula fracture and she being aged about 22

years, had to suffer the said injuries for the rest of life.

Therefore, the claimant needs to be compensated

adequately by taking care of any disability. As such, the

claimant is entitled for a sum of Rs.40,000/- under the

head of loss of amenities in life instead of Rs.10,000/-

awarded by the Tribunal.

13. The Tribunal has awarded compensation

towards future medical expenses, conveyance charges,

attendant charges, food & nourishment, etc., which is on

the lower side, that needs to be enhanced as the claimant

is admitted in hospital. Therefore, the claimant is entitled

under this head in a sum of Rs.20,000/-.

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14. Thus, the claimant-Rekha is entitled for

following amount of compensation:

                                         Amount           Amount
  Sl.
                  Heads                awarded by       awarded by
  No
                                       the Tribunal      this Court
  1.     Loss of future income          Rs.1,03,680/-   Rs.1,72,800/-
  2.     Pain and suffering               Rs.20,000/-     Rs.50,000/-
  3.     Medical expenses                 Rs.16,291/-     Rs.16,291/-
  4.     Loss of income during             Rs.2,000/-     Rs.24,000/-
         laid up period
  5.     Loss of amenities               Rs.10,000/-       Rs.40,000/-
         Towards food and                Rs.10,000/-       Rs.20,000/-
         nourishment and
  6.
         conveyance charges,
         etc.,
                             Total    Rs.1,61,971/- Rs.3,23,091/-
                    Enhancement              Rs.1,61,120/-


In MFA No.201700/2023:

15. Considering the injuries to left humerus neck

fracture sustained by the claimant-Bharat, the disability

taken by the Tribunal at 6% is on the lower side and it

ought to have taken disability at 8%. The Tribunal has

rightly taken multiplier. Therefore, considering the same,

the loss of future income is calculated as under:

Rs.8,000/- x 12 x 11 x 8% = Rs.84,480/-

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16. The claimant has sustained injuries to left

humerus neck fractures. Considering the same, the

amount awarded by the Tribunal towards pain and

suffering at Rs.20,000/- is on the lower side, which needs

to be enhanced to Rs.50,000/-.

17. The Tribunal has rightly awarded a sum of

Rs.7,540/- towards medical expenses.

18. The claimant was admitted in the hospital for

six days and advised for rest. Considering the same, he is

entitled for loss of income during laid up period for three

months that is Rs.24,000/- (Rs.8,000/- x 3).

19. The claimant had sustained injuries to left

humerus neck fracture and he being aged about 51 years,

had to suffer the said injury for the rest of life. Therefore,

the claimant needs to be compensated adequately

considering the disability. As such, the petitioner is

entitled for a sum of Rs.40,000/- under the head of loss

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HC-KAR

of amenities in life instead of Rs10,000/- awarded by the

Tribunal.

20. The Tribunal has awarded compensation

towards conveyance charges, attendant charges, food,

nourishment, etc., which is on the lower side, that needs

to be enhanced as the claimant is admitted in hospital.

Therefore, the claimant is entitled under this head in a

sum of Rs.20,000/-.

21. Thus, the claimant is entitled for following

amount of compensation:

                                           Amount           Amount
  Sl.
                    Heads                awarded by       awarded by
  No
                                         the Tribunal      this Court
  1.     Loss of future income             Rs.47,520/-      Rs.84,480/-
  2.     Pain and suffering                Rs.20,000/-      Rs.50,000/-
  3.     Medical expenses                    Rs.7,540/-      Rs.7,540/-
  4.     Loss of income during               Rs.1,800/-     Rs.24,000/-
         laid up period
  5.     Loss of amenities                 Rs.10,000/-      Rs.40,000/-
         Towards food and                  Rs.10,000/-      Rs.18,000/-
  6.     nourishment and
         conveyance charges
                             Total        Rs.96,860/- Rs.2,24,020/-
                    Enhancement                Rs.1,27,160/-
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HC-KAR

22. In the result, the appeals deserve to be allowed

in-part. Hence, the following:

ORDER

(i) Both the appeals are allowed in-part.

(ii) The appellant-claimant in MFA No.201527/2023

is entitled to total compensation of

Rs.3,23,091/- against Rs.1,61,971/- as

awarded by the Tribunal along with interest at

the rate of 6% p.a. from the date of petition till

its deposit.

(iii) The appellant-claimant in MFA No.201700/2023

is entitled to total compensation of

Rs.2,24,020/- against Rs.96,860/- as awarded

by the Tribunal along with interest at the rate of

6% p.a. from the date of petition till its deposit.