Karnataka High Court
Sri Siddappa S/O Hanamappa Kuri vs Sri Panchaksharayya S/O Channabasayya ... on 8 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-D:11506-DB
MFA No. 100752 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
M.F.A. NO. 100752 OF 2023 (MV-I)
BETWEEN:
SRI. SIDDAPPA S/O. HANAMAPPA KURI,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O. KOMALPOOR, TQ. YELBURGA,
DIST. KOPPAL, PIN-583236.
...APPELLANT
(BY SRI. D. V. PATTAR, ADVOCATE)
AND:
1. SRI. PANCHAKSHARAYYA
S/O. CHANNABASAYYA HIREMATH,
AGE: 48 YEARS, OCC: DRIVER OF KSRTC
REG NO.KA-37/F-0804,
R/O. NIDAGUNDI, TQ. RON,
DIST. GADAG, PIN-582209.
Digitally signed by 2. THE DIVISIONAL CONTROLLER,
CHANDRASHEKAR
LAXMAN KATTIMANI N.E.K.R.T.C., KOPPAL DIVISION,
Location: High Court
of Karnataka, KOPPAL, PIN-583231.
Dharwad Bench
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE HON'BLE SENIOR CIVIL
JUDGE AND ADDITIONAL MACT, YELBURGA AT: YELBURGA DATED
02.07.2022 IN MVC NO.04/2019 AND ALLOW THE APPEAL, AND
ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:11506-DB
MFA No. 100752 of 2023
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This appeal is filed by the injured/claimant challenging the
judgment and award dated 02.07.2022 passed in MVC
No.4/2019 on the file of learned Senior Civil Judge and Addl.
MACT, Yelburga1.
2. Brief facts necessary to decide the appeal are that on
16.09.2018 at 6:30 a.m. the appellant was proceeding in the bus
bearing registration No.KA-37/F-0804 driven by respondent
No.1. It is averred that when the bus reached near RTO, NH-63
on Koppal - Hosapete road driven by its driver in a rash and
negligent manner dashed to a KEB pole. It is further averred that
due to the said accident, the appellant suffered serious injuries,
he was shifted to Government Hospital, Koppal and afterwards to
SDM Hospital, Dharwad for further treatment. The appellant
spent total of ₹1,00,000/- for his treatment. It is averred that
the appellant was working as a labourer and earning ₹15,000/-
'Tribunal' for short
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HC-KAR
per month to support his family. However, due to the said
injuries, the appellant is currently unable to work as before and
he is going through financial hardship. Hence, he filed claim
petition seeking compensation. The Tribunal on consideration of
the material on record partly allowed the claim petition by
granting compensation of ₹68,000/-. Being aggrieved, the
appellant preferred this appeal seeking enhancement of
compensation.
3. Sri. D.V.Pattar, learned counsel for the
appellant/injured submits that the appellant sustained grievous
injuries and he has taken treatment as an inpatient for some
days. The Tribunal has committed an error in not awarding
compensation under the head of loss of income due to disability
and other heads. The award of global compensation is meager.
Hence, he seeks to allow the appeal by considering the injuries
sustained by the appellant.
4. Per contra, Sri S.C.Bhuti, learned counsel for the
respondent/Corporation supported the impugned judgment and
award of the Tribunal and submits that award of compensation
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HC-KAR
by the Tribunal on all heads is just and proper, does not call for
interference. Thus, he prays for dismissal of the appeal.
5. I have heard the learned counsel for the parties and
perused the material available on record.
6. The claim petition was filed by the appellant under
Section 166 of the Motor Vehicles Act, 1988 before the Tribunal
seeking compensation for the accidental injuries sustained by
him. The records indicate that the appellant was provided
treatment as SDM Hospital, Dharwad. To substantiate the injury,
the appellant produced the injury certificate at Ex.P6 and medical
bills at Exs.P6 to P9. The appellant-claimant has not examined
the doctor to consider his case for assessment of compensation
under the head of loss of income due to disability. The appellant
sustained fracture of bone of right leg, abrasions over right
elbow, swelling and tenderness over the left elbow etc. The
appellant has failed to prove the disability suffered by him in the
road accident before the Tribunal. Taking note of the oral
evidence of the injured appellant and documentary evidence on
record, we are of the considered view that the interest of justice
would be met if we award global compensation of ₹1,00,000/- as
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HC-KAR
against ₹68,000/- awarded by the Tribunal. The appellant is
entitled interest at the rate of 6% per annum on ₹1,00,000/-
from the date of petition till realization.
7. Hence, the following:
ORDER
a) The appeal stands allowed in part.
b) The impugned judgment and award of the
Tribunal is modified. The claimant shall be
entitled to a total compensation of
₹1,00,000/- with 6% interest on the
enhanced amount.
c) The respondent/Corporation shall deposit the
aforesaid compensation amount before the
Tribunal within six weeks from the date of
receipt of certified copy of this judgment.
d) On such deposit, the same shall be released in
favour of the appellant/claimant on proper
identification.
e) Draw modified award accordingly.
f) No order as to costs.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
CLK /CT-AN
