[Cites 1, Cited by 0]
Karnataka High Court
Basavaraj Revansiddappa Goddemmi vs Managing Director on 9 March, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2026:KHC-D:3697
MFA No. 101958 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO.101958 OF 2015 (MV-I)
BETWEEN:
MR. BASAVARAJ REVANSIDDAPPA GODDEMMI,
AGE: 42 YEARS, OCC: SERVICE,
R/O: H.NO.MIG 12, GAMANAGATTI ROAD,
NAVANAGAR, HUBLI, DIST: DHARWAD.
...APPELLANT
(BY SRI VISHWANATH L. HEGDE, ADVOCATE FOR
SRI HARSHWARDHANA M. PATIL, ADVOCATE)
AND:
1. MANAGING DIRECTOR,
NWKSRTC, HUBLI DIVISION, HUBLI.
2. SELF INSURANCE FUND,
NWKSRTC, HUBLI DIVISION, HUBLI.
...RESPONDENTS
(BY SRI IC PATIL, ADVOCATE FOR R1;
CHANDRASHEKAR
LAXMAN
R2-SERVED)
KATTIMANI
Digitally signed by
CHANDRASHEKAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
LAXMAN KATTIMANI
Location: High Court of
Karnataka, Dharwad
Bench
VEHICLES ACT 1988, AGAINST THE JUDGMENT AND AWARD
Date: 2026.03.10
09:29:55 +0000
DATED 07.03.2015, PASSED IN MVC.NO.341/2013, ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, AT HUBLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION & ETC.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
-2-
NC: 2026:KHC-D:3697
MFA No. 101958 of 2015
HC-KAR
ORAL JUDGMENT
Challenging judgment and award dated 07.03.2015 passed
by I Addl. Senior Civil Judge and Addl. MACT, Hubli (for short,
'Tribunal') in MVC no.341/2013, this appeal was filed.
2. Sri Vishwanath L.Hegde, advocate appearing for Sri
Harshawardhana M.Patil, learned counsel for appellant submitted
that appeal was by claimant for enhancement of compensation.
It was submitted that on 30.11.2012, claimant - Basavaraj was
one of inmates of NWKRTC bus bearing no.KA-25/F-2606
proceeding from Hubli towards Bangalore. Near Haveri, driver
drove it in rash and negligent manner, lost control and leading to
bus toppling down. In said accident, claimant sustained grievous
injuries and despite treatment sustained loss of earning capacity.
Therefore, he filed claim petition under Section 166 of Motor
Vehicles Act, 1988 against NWKRTC.
3. On contest, wherein claim petition was opposed on
all grounds, Tribunal framed issues and recorded evidence. It
was further submitted that since there were other claim petitions
arising out of same accident, they were clubbed together.
Claimants were examined as PWs1 to 5 and Exhibits P1 to P114
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HC-KAR
were marked. Respondent examined driver as RW1, but did not
mark any documents.
4. On consideration, Tribunal held accident had occurred
due to rash and negligent driving of bus by its driver and
claimants were entitled for compensation. However, it
erroneously awarded meager amount as global compensation.
Same was questioned.
5. It was firstly submitted, though claimant had not
produced wound certificate, he had duly produced discharge
summary/disability certificate issued by Shushrutha
Multispeciality Hospital and Research Centre, Hubli. Same would
contain particulars of injury sustained, treatment administered.
Under such circumstances, Tribunal was not justified in awarding
meager compensation of ₹20,000/- globally. It was submitted
that treatment records indicated claimant had sustained grievous
injuries. Discharge card and disability certificate marked as
Exs.P105 and 106 respectively. It was submitted, Ex.P106 would
indicate fracture of shaft of left humorous. Therefore, Tribunal
ought to have assessed and awarded compensation under each
of heads separately. On said ground sought for allowing appeal.
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HC-KAR
6. On other hand, Sri IC Patil, learned counsel for
respondent no.1 - NWKRTC opposed appeal.
7. Heard learned counsel and perused impugned
judgment and award and copies of Exs.P105 and 106 made
available by learned counsel for claimant.
8. From above and since only claimant is in appeal for
enhancement of compensation, point that would arise for
consideration is:
'Whether claimant is entitled for enhancement of
compensation as prayed for?'
9. At outset, it is seen that there is no dispute between
parties about occurrence of accident involving NWKRTC bus in
which claimant was travelling, on 30.11.2012. There is also no
dispute about claimant sustaining injuries and taking treatment.
To substantiate injury sustained in accident and consequent loss
of earning capacity, claimant seeks to rely upon police
investigation records and hospital records namely discharge
summary and disability certificate.
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HC-KAR
10. As noted above, Ex.P106 indicates claimant had
sustained fracture of shaft of left humorous. Since same is a
major and structural bone, Tribunal ought to have awarded
compensation under each of heads separately. Taking note of
fact that fracture is grievous and to a structural bone,
compensation of ₹20,000/- awarded would appear inadequate
and is enhanced to ₹35,000/-.
11. Though claimant stated that he was earning, there is
no specific evidence with regard to same. Therefore, income of
claimant has to be considered notionally. Accident occurred in
2012. Notional income for said year is ₹6,500/-. Normally
fractures take about three months to heal. Considering same as
period of layoff, claimant is awarded ₹19,500/- towards loss of
income during laid up period. Tribunal has not awarded any
compensation towards medical expenses, diet and other
incidental expenses. Considering duration of inpatient treatment
i.e. 9 days, it is found appropriate to award ₹9,000/- under said
head. Tribunal has not awarded any compensation towards loss
of amenities. Though Exs.P105 and 106 would indicate fracture
of shaft of left humorous, neither of them indicates any disability
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HC-KAR
caused due to same. In absence, claimant would not be entitled
for any compensation towards loss of amenities. Thus point for
consideration is answered 'partly in affirmative'. Consequently,
following:
ORDER
i. Appeal is allowed in part.
ii. Claimant is held entitled for enhanced
compensation of ₹63,500/- as against
₹20,000/- awarded by Tribunal. Same shall
carry interest at 6% per annum from date of
claim petition till deposit.
iii. NWKRTC is directed to deposit enhanced
compensation within a period of eight weeks.
iv. On deposit, entire compensation is ordered to
be released in favour of claimant.
Sd/-
(RAVI V.HOSMANI)
JUDGE
CLK
CT:VP
LIST NO.: 1 SL NO.: 24
