Karnataka High Court
Namadev S/O. Mukund Pol vs The Divisional Controller on 26 September, 2025
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NC: 2025:KHC-D:13515
MFA No. 101716 of 2015
C/W MFA No. 102283 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 101716 OF 2015
C/W
MISCELLANEOUS FIRST APPEAL NO. 102283 OF 2015
IN MFA No. 101716/2015
BETWEEN:
THE DIVISIONAL CONTROLLER,
NWKRTC, CHIKKODI, DIST: BELAGAVI,
R/BY THE AUTHORIZED SIGNATORY
CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. S. C. BHUTI, ADVOCATE)
AND:
NAMADEVA MUKUND POL,
AGE: 44 YEARS,
OCC: AGRICULTURE and LEATHER MERCHANT
R/O. KOTHALI,
TQ: CHIKODI,
MOHANKUMAR DIST: BELAGAVI.
B SHELAR
...RESPONDENT
(BY SRI. U.J. HAVALDAR, ADVOCATE FOR
Digitally signed by
MOHANKUMAR B SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
SHELAR
Date: 2025.09.27
11:23:31 +0530 THIS MFA FILED U/S 173(1) OF MV ACT, 1988, PRAYING TO
ALLOW THIS APPEAL BY SUMMONING THE LOWER COURT RECORDS
WITH RESPECT TO AWARD AND JUDGMENT PASSED IN MVC
NO.863/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, CHIKKODI. EXAMINE THE SAME AND SET ASIDE THE ORDER
DATED 01.01.2015 IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13515
MFA No. 101716 of 2015
C/W MFA No. 102283 of 2015
HC-KAR
IN MFA NO. 102283/2015
BETWEEN:
NAMADEV S/O. MUKUND POL,
AGE: 44 YEARS,
OCC: AGRICULTURE and LEATHER SELLING,
R/O.KOTHALI,
TQ: CHIKODI,
DIST: BELAGAVI. 590 001
... APPELLANT
(BY SRI. U.J. HAVALDAR ADV. FOR SRI. SHIVARAJ S BALLOLI,
ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
NWKSRTC CHIKODI,
OWNER OF THE BUS BEARING NO.
REG. NO. KA 23 F 506
...RESPONDENT
(BY SRI. S.C.BHUTI, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT, 1988, PRAYING TO
MODIFY THE JUDGMENT AND AWARD DATED 01.01.2015 PASSED IN
MVC 863/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, CHIKODI AND ENHANCE THE COMPENSATION BY ALLOWING
THE APPEAL TO MEET THE JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
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MFA No. 101716 of 2015
C/W MFA No. 102283 of 2015
HC-KAR
ORAL JUDGMENT
These appeals are filed by the North West Karnataka
State Road Transport Corporation (hereinafter referred to as
'the NWKRTC', for short) and the petitioner in MFA
Nos.101716/2015 and 102283/2015, respectively,
challenging the judgment and award dated 01.01.2015
passed in MVC No.863/2013 by the learned Senior Civil
Judge and Additional MACT, Chikodi (hereinafter referred to
as 'the Tribunal', for short).
2. Brief facts leading rise to the filing of these
appeals are as follows:
On 14.12.2012 at about 7:15 am, the petitioner and
his son were proceeding on a motorcycle bearing registration
No.KA.23/R.5910. When they reached near the accident
spot, at that time, a bus bearing registration No.KA.23/F.507
came from the opposite direction in a rash and negligent
manner, collided with the motorcycle of the petitoner. As a
result, the petitioner sustained grievous injuries. Hence,
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HC-KAR
filed a claim petition seeking a compensation for the injuries
sustained by him in a road traffic accident.
3. NWKRTC filed a statement of objections denying
the averments made in the claim petition and prays to
dismiss the claim petition.
4. The Tribunal based on the pleadings of the
parties, framed the relevant issues.
5. The petitioner to substantiate his case, examined
himself as PW.1, examined the Doctor as PW.2 and marked
16 documents as Exs.P-1 to P-16. In rebuttal, NWKRTC has
neither examined any witness nor marked any documents.
6. The Tribunal after assessing the verbal and
documentary evidence allowed the claim petition in part and
awarded the compensation of Rs.2,77,000/- with interest
@9% per annum from the date of petition till realization.
7. Challenging the quantum of compensation
awarded by the Tribunal, both, the NWKRTC and the
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HC-KAR
petitioner filed the appeals in MFA No.101716/2015 and
102283/2015 respectively.
8. Heard the learned counsel for the NWKRTC and
the learned counsel for the petitioner.
9. The learned counsel for the NWKRTC submits that
the compensation awarded by the Tribunal is on the higher
side. Hence, on this ground, he prays to allow the appeal
filed by the NWKRTC and to dismiss the appeal filed by the
petitioner.
10. Per contra, learned counsel for the petitioner
submits that the compensation awarded by the Tribunal is on
the lower side. Hence, on this ground prays to allow the
appeal filed by the petitioner and to dismiss the appeal filed
by the NWKRTC.
11. Perused the records and considered the
submissions of the learned counsel for the parties.
12. The point that would arise for consideration in
these appeals is regarding the quantum of compensation.
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HC-KAR
13. There is no dispute regarding the occurrence of
the accident due to the rash and negligent driving of the
driver of the NWKRTC bus in question and the petitioner
having sustained injuries in the said accident. The petitioner
to prove his income has not produced any income proof. In
the absence of the income proof, the Tribunal should have
taken the notional income as per the schedule notified by the
Karnataka Legal Services Authority whereas the Tribunal has
assessed the income at Rs.6,000/- per month which is on the
lower side. The accident is of the year 2012. This Court has
taken the notional income at Rs.6,500/- per month. The
petitioner was aged about 42 years and the multiplier
applied to his age group is 14. The petitioner examined the
Doctor as PW.2, who has deposed that he has examined the
petitioner clinically and radiologically and issued the disability
certificate wherein he has opined that the petitioner has
suffered 30% disability to the whole body but the Tribunal
has taken the disability at 10% which is on the lower side.
This court considering the evidence of PW.2 and the medical
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HC-KAR
records, re-assess the disability at 13%. Thus, this Court re-
assess the compensation under the following heads:
Compensation Compensation
awarded by re-assessed
Sl. Heads the Tribunal by this Court
No. Rs. Rs.
1 Pain and suffering 30,000/- 50,000/-
2 Medical expenses 65,000/- 65,000/-
3 Food, nourishment, 7,000/- 20,000/-
conveyance charges
4 Loss of earning during laid 24,000/- 26,000/-
up period (6500x4)
5 Loss of future earnings 1,00,880/- 1,41,960/-
(6500x12x14x14%)
6 Loss of amenities 40,000/- 40,000/-
7 Future medical expenses 10,000/- 10,000/-
TOTAL 2,77,000/- 3,52,960/-
14. Thus, the petitioner is entitled to total
compensation of Rs.3,52,960/- as against Rs.2,77,000/-.
The petitioner is entitled to enhanced compensation of
Rs.75,960/-.
15. Thus, the point for consideration regarding the
quantum of compesnation is answered accordingly.
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HC-KAR
16. In view of the above discussion, I proceed to pas
the following:
ORDER
i. MFA No.101716/2015 filed by NWKRTC is
dismissed.
ii. MFA No.102283/2015 is allowed. The judgment
and award dated 01.01.2015 passed in MVC
No.863/2013 by the learned Senior Civil Judge
and Additional MACT, is hereby modified.
iii. The petitioner is entitled to the enhanced
compensation of Rs.75,960/- with interest at the
rate of 6% per annum.
iv. The NWKRTC is directed to deposit the
compensation amount with accrued interest
within eight weeks from the date of receipt of
copy of this judgment.
The Registry is directed to transmit the amount and the
TCR to the Tribunal forthwith.
Draw the award accordingly.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Kmv/ CT:ANB
