Karnataka High Court
Amaramma vs Yamanur And Anr on 17 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:5512
MFA No. 203797 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 203797 OF 2023 (MV-I)
BETWEEN:
AMARAMMA
D/O VENKAPPA,
AGE: 11 YEARS, MINOR,
U/G OF HER NATURAL MOTHER,
LAXMAVVA
W/O VENKAPPA,
AGED ABOUT 38 YEARS,
OCC: HOUSEHOLD AFFAIRS,
R/O: NARAKALADINNI,
TQ: LINGASUGUR,
NOW R/O: JANATHA COLONY ASHAPUR ROAD,
RAICHUR - 584 101.
Digitally signed
by RENUKA ...APPELLANT
Location:
HIGH COURT (BY SRI SANGANAGOUDA V.BIRADAR, ADVOCATE)
OF
KARNATAKA
AND:
1. YAMANUR
S/O THIMMANNA PUJARI,
AGE: MAJOR,
OCC: DRIVER NEKRTC BUS BEARING
NO. KA-36-F-783, LINGASUGUR DEPOT,
KHAIRAVADAGI VILLAGE,
TQ: LINGASUGURU,
DISTRICT : RAICHUR - 584 101.
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MFA No. 203797 of 2023
HC-KAR
2. THE DEPOT MANAGER,
NEKRTC DEPOT LINGASUGURU DEPOT,
TQ: LINGASUGURU,
DISTRICT : RAICHUR - 584 101.
...RESPONDENTS
(BY SMT PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 16.11.2023 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO ALLOW THE APPEAL BY
MODIFYING THE JUDGMENT AND AWARD DATED 23.07.2021
PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND JMFC AND
MACT, RAICHUR IN MVC NO. 243/2019 AND CONSEQUENTLY
BE PLEASED TO ENHANCE THE COMPENSATION FROM
RS.5,20,500/- TO RS.12,00,000/- WITH INTEREST AT 12% PER
ANNUM FROM THE DATE OF PETITION TILL ACTUAL
REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
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MFA No. 203797 of 2023
HC-KAR
ORAL JUDGMENT
This appeal is filed by the appellant -claimant
seeking enhancement of compensation as awarded in the
judgment and award dated 23.07.2021 passed in MVC
No.243/2019 by First Additional Senior Civil Judge and
JMFC and MACT, Raichur.
2. Facts leading to file claim petition are as under;
That on 23.07.2017, the claimant and her mother
has been to Sri Sai Temple to perform the pooja. After
that they have boarded NEKRTC bus bearing No. KA -36 F-
783. At about 2.30p.m., both of them got down at
Narakaladinni Village and at that time, driver of the bus
without alighting or blowing horn has suddenly started the
bus negligently and due to his said act, left side wheel of
the said bus has passed on the legs of the claimant. The
claimant has sustained injury and filed claim petition. The
Tribunal has assessed the compensation and passed the
award. Being not satisfied with compensation awarded by
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the Tribunal, the claimant has filed this appeal for
enhancement of compensation.
3. Heard learned counsel for the appellant and
learned counsel for respondent No.2.
4. Learned counsel for the appellant would
contend that the claimant was aged 07 years as on the
date of accident. Due to the accident her left leg sustained
crush injury, due to it she lost her toes and she is taking
treatment till date. He submits that doctor has stated
disability at 35%. He further submits due to accident,
there is loss of income due to disability. He submits that
the accident has taken place in the year 2017, at that
time, notional income fixed by the Legal Services Authority
for settlement of disputes in Lok-Aadalath for year 2017 is
Rs.10,250/-. He submits that the claimant is entitled
future prospectus at 40%. He further submits that the
claimant was admitted in the hospital for 42 days and
considering the same compensation awarded by the
Tribunal for attendant and conveyance charges is on lower
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side. He submits that till date the claimant is taking
treatment as there is formation of pus in her left foot in
the place of injury. Therefore, she is entitled to higher
medical expenses than the tribunal awarded. He placed
decision of Co-ordinate Bench of this Court in the case of
Sagar S/o Devindra Vs Umesh S/o Ayyappa and
Ors1. With these, he prays to allow the appeal and
enhance the compensation.
5. Learned counsel for respondent No.2 would
contend that the Tribunal taking into consideration of
decision of Hon'ble Apex Court in the case of Master
Mallikarjun Vs the Divisional Manager, National
Insurance Company Ltd and another2 has rightly
awarded compensation. There are no grounds for
enhancing compensation. With these, he prays to dismiss
the appeal.
reported in NC : 2025:KHC-K:3234
Reported in (2014) 14 SCC 396
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6. Having heard learned counsels, this Court has
perused impugned judgment and materials placed on
record.
7. The date of accident, age of claimant and
liability of respondent No.2. -Insurance company are not
in dispute. The accident is taken place on 23.07.2017. As
on the date of accident, the claimant was aged 07 years.
Due to the accident, the claimant was admitted in the
hospital for 42 days. The doctor - P.W.2 who examined
her/claimant has issued disability certificate -Ex.P8 and
stated that the claimant has 35% disability of the whole
body. The Co-Ordinate Bench of this Court in the case of
Sagar (supra) considering the decisions of Hon'ble Apex
Court and this Court has observed thus;
"34. The guidelines issued by the KSLSA for
the purpose of settlement of disputes before the
Lok adalat prescribe a notional income of
Rs.13,250/- per month for the year 2019. In
umpteen number of judgments including the
judgment in the case of Smt.Mariyamma and
others referred supra, this Court has held that
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the guidelines issued by KSLSA are in general
conformity with the wages fixed under the
Minimum Wages Act. Therefore, the loss of
income due to disability is calculated as:
Rs.18,550/- [Rs.13,250/- + Rs.5,300/- (40%)]
x 12 x 18 (multiplier) x 60% (disability) =
24,04,080/-
Thus, the petitioner/appellant herein is
entitled for a sum of Rs.24,04,080/- under the
said head."
8. As accident has taken place in the year 2017.
The notional income fixed by the Legal Services Authority
for settlement of disputes in Lok-Aadalath for the year
2017 is 10,250/-. As per above said decision, the claimant
is entitled to future prospectus at 40%. The multiplier
applicable is 18. In view of the above, loss of income due
to disability is as under;
10,250/- + 40% =14,350/- x 12 x 18 x 35%
=Rs.10,84,860/-
9. The tribunal has rightly awarded for pain and
suffering in sum of Rs.50,000/- and medical expenses in
sum of Rs.20,000/-. As claimant is admitted in the hospital
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for 42 days, she is entitled attendant and conveyance
charges of Rs.42,000/- as against 20,500/- as awarded by
the Tribunal. The tribunal has rightly awarded loss of
future amenities in sum of Rs.4,00,000/- considering the
age and loss of marriage prospectus of the claimant. The
claimant is still taking treatment as there is formation of
pus in her left leg in the place of injury. She is entitled
future medical expenses in sum of Rs.60,000/- against
Rs.30,000/- as awarded by the Tribunal. Considering
above aspects, claimant is entitled to total compensation
as under;
Sl.No. Heads Compensation
in Rs.
1 Loss of income 10,84,860/-
2 Pain and suffering 50,000/-
3 Medical Expenses 20,000/-
4 Loss of Amenities 4,00,000/-
5 Attendant's charges 42,000/-
6 Future Medical 60,000/-
Expenses
Total in a sum of Rs. 16,56,860/-
10. In view of the above, the appellant -claimant is
entitled total compensation of Rs.16,56,860/- as against
Rs.5,20,500/- as awarded by the Tribunal with interest.
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The Tribunal has awarded interest at the rate of 9% p.a.
and it is on higher side. Therefore, the claimant is entitled
interest at the rate of 6% p.a. The claimant is not entitled
interest for the delay period of 510 days in filing this
appeal as per order dated 16.11.2023.
11. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) The claimant is entitled for total compensation
amount of Rs.16,56,860/- as against
Rs.5,20,500/- as awarded by the Tribunal with
interest at the rate of 6% per annum from the
date of petition till realization.
iii) The order of deposit of compensation amount
passed by the Tribunal is remained undisturbed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
