[Cites 1, Cited by 0]
Karnataka High Court
Udaykumarshetty S/O. Gopalshetty vs The Divisional Controller on 17 February, 2026
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MFA No.101545 of 2014 c/w
MFA No.101546/2014
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.101545 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.101546 OF 2014 (MV)
IN MFA NO.101545/2014:
BETWEEN:
ROHANSHETTY S/O. UDAYKUMARSHETTY
AGE: 20 YEARS, OCC: STUDENT,
R/O. 3RD CROSS, MRUTHYNJAYA NAGAR,
RANEBENNUR.
...APPELLANT
(BY SRI. AMOGH B. JOSHI, ADVOCATE FOR
SRI. S.L. MATTI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC HASAN DIVISION,
DIST: HASAN MANAGING DIRECTOR.
...RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
Digitally signed
by
MOHANKUMAR
B SHELAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
Location: High
Court of
Karnataka,
Dharwad Bench
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE ADDL. SR.
CIVIL JUDGE AND ADDL. M.A.C.T., RANEBENNUR, DATED
06.07.2013 IN MVC NO.758/2012 BY ALLOWING THIS APPEAL
AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BEFORE THE TRIAL COURT IN THE ENDS OF JUSTICE
AND EQUITY.
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MFA No.101545 of 2014 c/w
MFA No.101546/2014
IN MFA NO.101546/2014:
BETWEEN:
UDAYKUMARSHETTY
S/O. GOPALSHETTY
AGE: 54 YEARS, OCC: RTD. BANK EMPLOYEE,
R/O. MRUTHNJAYA NAGAR, RANEBENNUR.
...APPELLANT
(BY SRI. AMOGH B. JOSHI, ADVOCATE FOR
SRI. S.L. MATTI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC HASAN DIVISION,
DIST: HASAN MANAGING DIRECTOR.
...RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE ADDL. SR.
CIVIL JUDGE AND ADDL. M.A.C.T., RANEBENNUR, DATED
06.07.2013 IN MVC NO.757/2012 BY ALLOWING THIS APPEAL
AND AWARD THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION BEFORE THE TRIAL COURT IN THE ENDS OF JUSTICE
AND EQUITY.
THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN
HEARD AND RESERVED FOR JUDGMENT ON 30.01.2026 AND
COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO
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MFA No.101545 of 2014 c/w
MFA No.101546/2014
CAV JUDGMENT
These appeals are filed by the appellants/claimants
seeking enhancement of compensation awarded by the
Tribunal by common Judgment and Award dated
06.07.2013 in MVC No.757/2012 and MVC No.758/2012,
passed by the Addl. Senior Civil Judge and Addl. MACT at
Ranebennur (for short 'the Tribunal').
2. The parties are referred to as per their ranking
before the Tribunal for easy reference.
The brief facts of the case are as under:
In MVC No.757/2012 (MFA No.101546/2014):
3. On 01.04.2012 at about 10.15 hours, when the
petitioner and his son were traveling in a KSRTC bus
bearing No.KA13/F-1666 from Ranebennur towards
Shimoga as authorized passengers, the driver of the said
bus alleged to have driven it in a rash and negligent manner
so as to endanger human life and dashed against the motor
cycle bearing No.KA-17/I-2507 and lost control over the bus
as a result of which the bus toppled down due to which the
petitioner sustained grievous injuries and was taken to
MFA No.101545 of 2014 c/w
Mc.Gann Hospital, Shimoga and thereafter, shifted to Om
Hospital, Ranebennur and he is said to have taken
treatment as an inpatient for two months by spending more
than Rs.20,000/- for his treatment and has to spend
another Rs.10,000/- for further treatment. It is averred
that before the accident he was hale and healthy and was
earning Rs.20,000/- per month as a retired bank employee,
but that due to the impact of the accidental injuries, he is
said to have been permanently disabled. The accident in
question was alleged to have been occurred solely due to
the rash and negligent driving of the offending bus by its
driver and respondent being the employer and self insurer
of the said bus, is liable to compensate the petitioner.
Hence, petitioner filed claim petition under Section 166 of
the MV Act, seeking compensation of Rs.3,00,000/-
together with interest at a rate of 12% p.a.
In MVC No.758/2012 (MFA No.101545/2014):
4. That the petitioner who is said to be the son of the
petitioner in MVC No.757/2012 is said to have sustained
MFA No.101545 of 2014 c/w
grievous injuries while he was proceeding in the offending
bus and was shifted to Mc.Gann Hospital, Shimoga for first-
aid treatment and thereafter, shifted to Om Hospital,
Ranebennur and again taken to KMC Hospital, Manipal
where he was operated and took treatment for about two
months by spending more than Rs.75,000/- and still
requires Rs.25,000/- for his further treatment. It is urged
that before the accident he was bright in his studies, but
due to the accidental injuries, he is alleged to have become
permanently disabled. Hence, petitioner filed claim petition
under Section 166 of the MV Act, seeking compensation of
Rs.10,30,000/- together with interest at the rate of 12%
p.a.
5. Upon service of notice, the respondent appeared
and filed his written statement in both the cases denying
the entire claim of the petitioners with regard to the
occurrence of the accident due to rash and negligent driving
of the offending bus by its driver and injuries sustained etc.
It is contended that accident occurred not due to rash and
MFA No.101545 of 2014 c/w
negligent act of the driver of the offending bus who was
driving it slowly, but it was due to rash and negligent riding
of the motor cycle which is involved in the accident by its
rider, who was said to be under the influence of alcohol,
thereby caused the accident.
6. On the basis of the pleadings of the parties in both
the cases, the Tribunal framed issues and recorded the
evidence. The petitioner was examined as PW-1 and mother
of the petitioner in MVC No.758/2012 as his GPA holder has
deposed before the Court as PW.2 and one witness is
examined as PW.3 and got marked documents at Exs.P.1 to
P.35. The respondent has examined one witness as RW.1,
but no documents are marked from the respondent's side.
7. After hearing the parties and on perusal of the
documents, the Tribunal has allowed the claim petitions in
part and by a common Judgment and Award, awarded
compensation of Rs.16,000/- in MVC No.757/2012 and
Rs.1,41,800/- in MVC No.758/2012 with interest at the rate
MFA No.101545 of 2014 c/w
of 7% per annum from the date of petitions till realization.
The same is under challenge in these petitions.
8. Learned counsel for the petitioner/claimant in MFA
No.101545/2014 (MVC No.758/2012) submitted that
the claimant was a passenger of the KSRTC bus involved in
the accident and due to rash and negligent driving of the
driver of the KSRTC bus, the accident occurred and the
claimant was admitted in the hospital as an inpatient for
two months in two different hospitals and had to spend
considerable amount towards his treatment and operation.
Claimant was aged about 18 years on the date of the
accident and was a bright student. He stained fracture of
right humerus mid shaft, which is grievous in nature and
sustained 75% disability as per the certificate issued by the
doctor. The accident has affected his studies and day to
day life. The Tribunal erred in considering only 10%
disability and taking Rs.3,000/- pm, notional income. As
per the norms fixed by the KSLSA, as the accident is of the
year 2012, notional income of Rs.6,500/- p.m., has to be
MFA No.101545 of 2014 c/w
taken while determining the compensation. Further, it is
submitted that loss of earning during laid up period has not
been awarded. Compensation awarded under pain and
suffering, loss of amenities and medical expenses are also
on the lower side. Therefore, he prays for enhancement of
compensation.
9. Learned counsel for the petitioner/claimant in MFA
No.101546/2014 (MVC No.757/2012) submitted that
the claimant was a passenger of the KSRTC bus involved in
the accident and due to rash and negligent driving of the
driver of the KSRTC bus, the accident occurred and the
claimant sustained injuries in the accident and taken
treatment. That claimant is a retired Bank Manager. He
submitted that the Tribunal erred in awarding meager sums
of Rs.10,000/- under the head pain and suffering,
Rs.1,000/- towards medical expenses and attendant
charges and a sum of Rs.5,000/- towards loss of amenities.
Therefore, it is submitted that total compensation of
Rs.16,000/- is on the lower side and requires enhancement.
MFA No.101545 of 2014 c/w
10. The Tribunal has awarded compensation to the
claimants as under:
1) For Pain & Suffering Rs.25,000/-
2) Medical Expenses, food, diet Rs.42,000/-
Nourishment & Attendant Charges
3) Loss of income during laid-up period Rs.Nil
4) Loss of Future Income on account of Rs.64,800/-
permanent Physical Disability
5) Loss of Amenities and Enjoyment of Rs.10,000/-
Life
Total Rs.1,41,800/-
1) For Pain & Suffering Rs.10,000/-
2) Medical Expenses, food, diet Rs.1,000/-
Nourishment & Attendant Charges
3) Loss of income during laid-up period Nil
4) Loss of Future Income on account of Nil
permanent Physical Disability
5) Loss of Amenities and Enjoyment of Rs.5,000/-
Life
Total Rs.16,000/-
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MFA No.101545 of 2014 c/w
11. Heard the learned counsel for the parties and
perused the judgment and award of the Tribunal and
material on record.
12. It is not in dispute that both the claimants have
sustained injuries in the road traffic accident occurred on
01.04.2012 due to rash and negligent driving of the
offending vehicle by its driver.
13. The appellant in MFA No.101545/2014 (MVC
No.758/2012) was a medical student and sustained
fracture of humerus mid shaft, which is grievous in nature.
Therefore, he sustained 25% disability to the whole body.
According to the guidelines issued by the Karnataka State
Legal Services Authority, for accident occurred in the year
2012, notional income shall be taken at Rs.6,500/- p.m.
The claimant is aged about 18 years at the time of the
accident and multiplier applicable to his age group is '18'.
Thus, the claimant is entitled for compensation of
Rs.3,51,000/- (Rs.6,500/- x 12 x 18 x 25%) on account of
'loss of future income'.
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MFA No.101545 of 2014 c/w
14. The nature of injuries indicates that the claimant
must have been under rest and treatment for a period of at
least for three months. Consequently, the claimant is
entitled for compensation of Rs.19,500/- (Rs.6,500/- x 3
months) under the head 'loss of income during laid up
period'.
15. The claimant was hospitalized as an inpatient for
more than 07 days in the hospital and subsequently
received further treatment. Therefore, compensation of
Rs.25,000/- is awarded under the head of 'food,
nourishment, conveyance and attendant charges'.
16. Due to the accident, the claimant has suffered
grievous injuries and also undergone surgery. Considering
the prolonged pain during treatment as well as the
permanent disability suffered, I am inclined to enhance the
compensation awarded by the Tribunal under the head of
'pain and sufferings' from Rs.25,000/- to Rs.35,000/- and
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MFA No.101545 of 2014 c/w
under the head of 'loss of amenities' from Rs.10,000/- to
Rs.30,000/-.
17. The appellant in MFA No.101545/2014 (MVC
No.758/2012) who was a retired Bank Manager sustained
simple injuries. Therefore, he would be entitled to
compensation of Rs.20,000/- towards pain and suffering,
Rs.10,000/- towards medical expenses, Rs.5,000/- towards
loss of income during laid up period and a sum of
Rs.10,000/- towards loss of amenities.
18. The appellant/claimant in MFA No.101545/2014
is entitled to the following compensation:
1) Pain and suffering 35,000/-
2) Medical Expenses, Diet, 25,000/-
Nourishment and Attendant Charges
3) Loss of income during laid-up period 19,500/-
4) Loss of future income on account of 3,51,000/-
permanent physical disability
6,500x12x18x25%
5) Loss of Amenities and Enjoyment of 30,000/-
Life
Total 4,60,500/-
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MFA No.101545 of 2014 c/w
19. The appellant/claimant in MFA No.101546/2014
is entitled to the following compensation:
1) Pain and suffering 20,000/-
2) Medical Expenses, Diet, 10,000/-
Nourishment and Attendant Charges
3) Loss of income during laid-up period 5,000/-
4) Loss of future income on account of ---
permanent physical disability
5) Loss of Amenities and Enjoyment of 10,000/-
Life
Total Rs.45,000/-
20. In the result, the following order is passed:
ORDER
a) The appeals are allowed in part.
b) The common Judgment and Awarded dated
06.07.2013 in MVC No.757/2012 and MVC
No.758/2012, passed by the Addl. Senior Civil Judge
and Addl. MACT at Ranebennur, is modified.
c) The appellant in MFA No.101545/2014 is entitled to
a total compensation of Rs.4,60,500/- with interest
at the rate of 6% p.a., from the date of petition till
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MFA No.101545 of 2014 c/w
realization and the appellant in MFA
No.101546/2014 is entitled to total compensation
of Rs.45,000/- with interest at the rate of 6% p.a.,
from the date of petition till realization.
d) The Insurance Company is directed to deposit the
compensation amount along with interest in both the
cases from the date of filing of the claim petition till
the date of realization, within a period of eight weeks
from the date of receipt of copy of this judgment.
e) Registry is directed to return the TCR along with a
copy of this Judgment to the Tribunal, forthwith.
No order as to costs.
Sd/-
(DR. K.MANMADHA RAO)
JUDGE
Ct:VP
BNV
