Karnataka High Court
Bhuwaneshwari vs The Managing Director And Anr on 10 July, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2025:KHC-K:3808-DB
MFA No. 202611 of 2022
C/W MFA No. 202580 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MRS. JUSTICE K S HEMALEKHA
MISCL. FIRST APPEAL NO.202611 OF 2022 (MV-I)
C/W
MISCL. FIRST APPEAL NO.202580 OF 2022 (MV-I)
IN MISCL. FIRST APPEAL NO.202611 OF 2022:
BETWEEN:
BHUWANESHWARI
D/O ANNAYYA HIREMATH,
AGE:27 YEARS,
OCC: PRIVATE SERVICE AT PRESENT NIL,
R/O: LIG-180, C/O: SIDDARAMAYYA S. HIREMATH,
Digitally signed ADARSH NAGAR,
by
BASALINGAPPA VIJAYAPURA - 586101.
SHIVARAJ
DHUTTARGAON
Location: HIGH
COURT OF
...APPELLANT
KARNATAKA
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR
VRL LOGISTICS LTD.,
REGISTERED AND ADM. OFFICE, NH-4,
BENGALURU ROAD, VARUR,
HUBBALLI-581207
(OWNER OF BUS NO.KA-25/AA-6003)
-2-
NC: 2025:KHC-K:3808-DB
MFA No. 202611 of 2022
C/W MFA No. 202580 of 2022
HC-KAR
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE NO.1,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
REPRESENTED BY BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
S.S. FRONT ROAD,
VIJAYAPURA - 586101.
...RESPONDENTS
(BY SRI D. P. AMBEKAR, ADVOCATE FOR R1;
SRI S. S. ASPALLI, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING MODIFY
THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE
IV ADDL SENIOR CIVIL JUDGE AND MEMBER, MACT- XV,
VIJAYAPURA, AT VIJAYAPURA IN M.V.C. NO.54/2019 DATED
17.08.2021 AND BE PLEASED TO ALLOW THE CLAIM PETITION
BY GRANTING THE RELIEF AS PRAYED FOR BY THE APPELLANT,
IN THE INTEREST OF JUSTICE AND EQUITY.
IN MISCL. FIRST APPEAL NO.202580/2022:
BETWEEN:
VIJAYALAXMI
W/O PANCHAKSHARI HIREMATH,
AGE: 45 YEARS,
OCC: BUSINESS AT PRESENT NIL,
R/O: 231, 5TH MAIN 1ST STAGE, 6TH PHASE,
WEST OF CHORD ROAD,
RAJAJINAGAR, BENGALURU
NOW AT ADARSH NAGAR,
VIJAYAPURA - 586101.
...APPELLANT
(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
-3-
NC: 2025:KHC-K:3808-DB
MFA No. 202611 of 2022
C/W MFA No. 202580 of 2022
HC-KAR
AND:
1. THE MANAGING DIRECTOR
VRL LOGISTICS LTD.,
REGISTERED AND ADM. OFFICE, NH-4,
BENGALURU ROAD, VARUR,
HUBBALLI-581207
(OWNER OF BUS NO.KA-25/AA-6003)
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE NO.1,
ENKAY COMPLEX, KESHWAPUR,
HUBBALLI-580023.
REPRESENTED BY BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
S.S. FRONT ROAD,
VIJAYAPURA - 586101.
...RESPONDENTS
(V/O DATED 10.07.2023 NOTICE TO R1 IS DISPENSED WITH
SRI SANJAY M. JOSHI, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT
OF THE IV ADDL SENIOR CIVIL JUDGE AND MEMBER,
MACT- XV, VIJAYAPURA, AT VIJAYAPURA IN M.V.C. NO.55/2019
DATED 17.08.2021 AND BE PLEASED TO ALLOW THE CLAIM
PETITION BY GRANTING THE RELIEF AS PRAYED FOR BY THE
APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
HON'BLE MRS. JUSTICE K S HEMALEKHA
-4-
NC: 2025:KHC-K:3808-DB
MFA No. 202611 of 2022
C/W MFA No. 202580 of 2022
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE K S HEMALEKHA)
These appeals are preferred by the claimants
assailing the judgment and award dated 17.08.2021
passed in M.VC. Nos.54/2019 and 55/2019 on the file of
the Motor Accident Claims Tribunal-XV, Vijayapura
(hereinafter referred to as 'Tribunal', for short) seeking
enhancement of compensation.
2. Heard the learned counsel appearing for the
appellants/claimants and the learned counsel appearing
for the Insurance Company.
3. No appeal has been preferred by the Insurance
Company, either on the ground of liability or on the
quantum of compensation being excessive.
4. Thus, undisputed facts remains that the
accident occurred on 02.07.2018 while claimants were
traveling from Vijayapura to Bengaluru in VRL Bus bearing
No.KA-25/AA-6003, due to rash and negligent driving of
NC: 2025:KHC-K:3808-DB
HC-KAR
the driver of the Bus, who lost his control and collided with
a Tanker bearing No.MP-13/H-1318 from behind. As a
result of the impact, the claimants sustained grievous
injuries.
5. Thus, the only point that now remains for
consideration before this Court is that, whether the
compensation awarded by the Tribunal is just and proper
and whether it warrants enhancement, as claimed by the
appellants/claimants.
6. Learned counsel for the appellants other than
stating that the compensation awarded under the various
heads being meager, primarily contends that P.W.4, the
doctor issued the disability certificates marked as Ex.P.28
and Ex.P.31 which state that both the claimants have
suffered permanent disability to the extent of 40% in
respect of right and left lower limb. However, the Tribunal
has erroneously considered the permanent disability to the
extent of 30% and held 10% disability to the whole body,
NC: 2025:KHC-K:3808-DB
HC-KAR
while awarding compensation under the head of 'loss of
earning capacity on account of permanent physical
disability' and thus would contend that the compensation
arrived by the Tribunal is on the lower side and does not
commensurate with the actual disability sustained.
7. Per contra, learned counsel appearing for the
Insurance Company contends that the compensation
awarded by the Tribunal is just and proper and same does
not warrant any interference.
8. The doctor has assessed the permanent
disability at 40% in relation to the right and left lower limb
as is evident from Ex.Ps.28 and 31. Having regard to the
nature of injuries suffered by the claimants, the whole
body permanent disability can be assessed at 15% as
against 10% as held by the Tribunal.
9. The award of compensation under the head of
pain and suffering, attendant and conveyance charges,
loss of amenities, loss of income during laid period by the
NC: 2025:KHC-K:3808-DB
HC-KAR
Tribunal is also on the lower side. As the claimants did not
produce any material to show the actual income, the
Tribunal has rightly taken notional income of Rs.11,750/-
per month as per guidelines issued by the Karnataka State
Legal Services Authority for the accident that occurred on
02.07.2018. On re-assessing the compensation, the
compensation to be awarded in both the appeals with
reference to the compensation awarded by the Tribunal
are as under:
IN MFA No.202611/2022 (MVC No.54/2019):
Sl. Heads Award by the Awarded by the
No. Tribunal High Court
1. Loss of future earning
By Tribunal:
(11,750 x 12 x 18 x 10%) Rs.2,53,000/-
By High Court:
(11,750 x 12 x 18 x 15%) Rs.3,80,700/-
2. Pain and suffering Rs.30,000/- Rs.40,000/-
3. Medical expenses Rs.1,33,431/- Rs.1,33,431/-
4. Future medical
Rs.40,000/- Rs.40,000/-
expense
5. Attendant, food and
Rs.5,000/- Rs.20,000/-
nourishment
6. Loss of amenities Rs.10,000/- Rs.30,000/-
NC: 2025:KHC-K:3808-DB
HC-KAR
7. Marriage proposal Rs.1,00,000/- Rs.1,00,000/-
8. Attendant and
Rs.3,500/- --
conveyance charges
9. Loss of income during
Rs.23,500/- Rs.35,250/-
laid up period
Total Rs.5,98,431/- Rs.7,79,381/-
Rounded off Rs.5,98,500/- Rs.7,79,500/-
Enhanced Rs.1,81,000/-
compensation
IN MFA No.202580/2022 (MVC No.55/2019):
Sl. Heads Award by the Awarded by the
No. Tribunal High Court
1. Loss of future earning
By Tribunal:
(11,750 x 12 x 14 x 10%) Rs.1,97,400/-
By High Court:
(11,750 x 12 x 14 x 15%) Rs.2,96,100/-
2. Pain and suffering Rs.30,000/- Rs.40,000/-
3. Medical expenses Rs.1,30,330/- Rs.1,30,330/-
4. Future medical
Rs.40,000/- Rs.40,000/-
expense
5. Attendant, food and
Rs.5,000/- Rs.20,000/-
nourishment
6. Loss of amenities Rs.10,000/- Rs.30,000/-
7. Attendant and
Rs.3,500/- --
conveyance charges
8. Loss of income during
Rs.23,500/- Rs.35,250/-
laid up period
Total Rs.4,39,730/- Rs.5,91,680/-
Rounded off Rs.4,40,000/- Rs.5,91,700/-
Enhanced
Rs.1,51,700/-
compensation
NC: 2025:KHC-K:3808-DB
HC-KAR
10. The claimant in MFA No.202611/2022 is entitled
for total compensation of Rs.7,79,500/- as against
Rs.5,98,500/- awarded by the Tribunal and enhanced
compensation of Rs.1,81,000/-.
11. The claimant in MFA No.202580/2022 is entitled
for total compensation of Rs.5,91,700/- as against
Rs.4,40,000/- awarded by the Tribunal and enhanced
compensation of Rs.1,51,700/-.
12. Accordingly, we pass the following:
ORDER
i. Both the appeals are allowed in part.
ii. The appellant/claimant in MFA
No.202611/2022 (MVC No.54/2019) is
entitled for a total compensation of
Rs.7,79,500/- as against Rs.5,98,500/-
awarded by the Tribunal with interest at 6%
per annum from the date of petition till
realization.
- 10 -
NC: 2025:KHC-K:3808-DB
HC-KAR
iii. The appellant/claimant in MFA
No.202580/2022 (MVC No.55/2019) is
entitled for a total compensation of
Rs.5,91,700/- as against Rs.4,40,000/-
awarded by the Tribunal with interest at 6%
per annum from the date of petition till
realization.
iv. The enhanced compensation shall be
deposited by 2nd respondent - Insurance
company within two months, failing which
the amount shall carry default interest at
9% per annum.
v. The deposit and release would be as per the
order of the Tribunal.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(K S HEMALEKHA)
JUDGE
BL
CT:NI
