Karnataka High Court
Smt.Kamalavva W/O. Mallappa Donag vs N.W.K.R.T.C., Managing Director on 6 June, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:7399
MFA No. 102580 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 102580 OF 2020 (MV-I)
BETWEEN:
SMT. KAMALAVVA
W/O MALLAPPA DONAGA,
AGE: 45 YEARS,
OCC: AGRICULTURE
AND COOLIE WORK,
R/O: BENCHINMARDI,
TQ: GOKAK,
DIST : BELAGAVI-593 107.
... APPELLANT
(BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE)
AND:
Digitally signed by N.W.K.R.T.C., MANAGING DIRECTOR,
MALLIKARJUN
RUDRAYYA KALMATH CENTRAL OFFICE, BY ITS CONTROLLER,
Location: HIGH COURT NWKRTC, CHIKKODI-591 201.
OF KARNATAKA
DHARWAD BENCH ... RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, MODIFY THE JUDGMENT
AND AWARD DATED 15.07.2020 PASSED IN MVC NO.178/2019 ON
THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BELAGAVI SITTING AT GOKAK.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:7399
MFA No. 102580 of 2020
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
Though the appeal is listed for admission, but with
consent of both the learned counsels appearing for the
parties, the matter is taken up for final disposal.
2. This appeal is filed by the appellant/claimant
challenging the judgment and award dated 15.07.2020
passed in MVC No.178/2019 on the file of XII Additional
District and Sessions Judge, Belagavi sitting at Gokak
(hereinafter referred to as 'the Tribunal' for short) seeking
enhancement of compensation.
3. For the sake of convenience and easy
reference, the parties are referred to as per their rankings
before the Tribunal.
4. Heard the arguments from both learned
counsels appearing for the parties and perused the
material placed on records.
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HC-KAR
Brief facts of the case:
5. It is the case of the claimant that on
02.12.2018 at about 2.15 pm, the appellant/claimant
while traveling in the bus bearing Reg.No.KA-31/F-1220
from Paschapur to Gokak Falls, at that time when the bus
came near the land of one Neeldhari within the limits of
Melmatti village, the driver of the bus dashed against a
tree standing on the road side and caused the accident.
Due to the said accident, the claimant sustained grievous
injuries such as a fracture of the left lower end ulna and
other injuries.
6. From the medical evidence on record, it is
proved that the claimant has suffered following injuries:
"Mal-united Fracture of lower end of left
Ulna, and other injuries to his whole body."
7. The claimant has filed claim petition before the
Tribunal and the Tribunal has awarded compensation
under various head as follows:
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HC-KAR
1. Pain and suffering Rs.03,000/-
2. Hospital expenses Rs.10,000/-
3. Towards food and Rs.15,000/-
attendant charges
4. Towards litigation Rs.,5,000/-
expenses
5. Loss of future earning Rs.68,480/-
6. For discomfort Rs.5,000/-
Total Rs.98,480/-
8. Considering the nature of injuries sustained,
compensation awarded by Tribunal is lesser side.
Therefore, the same is required to be enhanced by
modifying the judgment and award.
9. Considering the injuries sustained, a
compensation of Rs.15,000/- towards pain and suffering,
Rs.10,000/- towards loss of amenities and enjoyment in
life are awarded. The compensation awarded towards
medical expenses Rs.10,000/- is as per the actual bills and
receipts produced; therefore, the same is kept intact.
Further, Rs.15,000/- towards incidental expenses like diet,
food, nourishment, attendant, conveyance charges etc.
awarded by the Tribunal is found to be just and proper.
Hence, the same is kept intact and Rs.11,750/- towards
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HC-KAR
loss of income during laid up period for a period of 1
months, is awarded.
10. The doctor has stated that the claimant had
suffered 15% of physical disability to the whole body, but
the Tribunal has taken disability only at 4%, which is on
the lower side. Therefore, considering the evidence of the
doctor, 6% functional disability is taken into consideration
as the claimant had suffered grievous injuries i.e., "Mal-
united fracture of lower end of left Ulna and other injuries
to his whole body."
11. The accident is caused in the year 2018.
Therefore, notional income of Rs.11,750/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 44 years old at the time of accident. Therefore,
appropriate applicable multiplier is 14. Hence, loss of
future income due to disability is hereby reassessed as
Rs.1,18,440/- (Rs.11,750/-x 6% x 14 x 12).
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HC-KAR
12. Thus, in all, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount
No.
1. Towards injuries, pain and Rs.15,000/-
suffering.
2. Towards medical expenses. Rs.10,000/-
3. Towards loss of amenities. Rs.10,000/-
4. Towards loss of income Rs.11,750/-
during laid up period and
medical treatment period.
5. Towards incidental charges Rs.15,000/-
like attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future Rs.1,18,440/-
earning capacity.
7. Towards litigation expenses. Rs.5,000/-
8. For discomfort Rs.5,000/-
Total: Rs.1,90,190/-
13. Therefore, the appellant/claimant is entitled for
total compensation of Rs.1,90,190/-, along with interest at
the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.98,480/- awarded by the
Tribunal. The respondent/NWKRTC is directed to deposit
the compensation within eight weeks from the date of
receipt of a certified copy of this judgment.
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HC-KAR
14. In the result, I proceed to pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award dated
15.07.2020 passed in MVC No.178/2019
on the file of XII Additional District and
Sessions Judge, Belagavi sitting at
Gokak stands modified.
iii. The appellant/claimant is entitled for
total compensation of Rs.1,90,190/-
along with interest at the rate of 6% p.a.
from the date of petition till its
realization.
iv. The NWKRTC shall deposit the amount
within a period of eight weeks from the
date of receipt of a copy of this
judgment.
v. No order as to costs.
vi. Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA
CT:BCK
