- 1 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISC. FIRST APPEAL NO.202053 OF 2018 (MV-I) BETWEEN: APPALAL S/O SHANKAR RATHOD, AGE: 32 YEARS, OCC: BUSINESS, R/O: WARD NO.29, BEGUM TALAB TANDA, BAGALKOT ROAD, VIJAYAPUR-586 101. …APPELLANT (BY SRI. BABU H. METAGUDDA, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, DIVISIONAL OFFICE, KSRTC, CHIKKAMAGALURU-586 101. …RESPONDENT (BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE) LUCYGRACE Digitally signed by LUCYGRACE Date: 2025.01.22 09:07:05 - 0800 - 2 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS IN MVC.NO.1034/2016 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND MACT-XII AT VIJAYAPURA AND ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED 09.03.2018 PASSED IN MVC.NO.1034/2016 BY THE III ADDL. SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XII AT VIJAYAPUR AND ENHANCING THE COMPENSATION FROM RS.1,90,000/- WITH 9% INTEREST TO RS.11,50,000/- WITH 12% INTEREST AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) The petitioner being aggrieved by the judgment and award in MVC.No.1034/2016 passed by the learned III Additional Senior Civil Judge and MACT-XII, at Vijayapura dated 09.03.2018 has approached this Court in appeal seeking enhancement of the compensation. - 3 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 02. Heard the learned counsel for the appellant and the respondent. 03. The brief facts of the case are that the petitioner while traveling on his motorcycle bearing Reg.No.KA-28-V-7092 was hit by a KSRTC bus bearing Reg.No.KA-18-F-785 coming from the opposite direction and as a result he fell down and sustained fracture of neck of the humorous and took a treatment for the same. The petitioner contended that he was a businessman running a Mobile Shop and he has suffered permanent disability and therefore he is entitled for adequate compensation. 04. The petition was opposed by the respondent - KSRTC on the ground that the accident was due to the negligence of the petitioner. The compensation claimed is highly exorbitant and imaginary. 05. The Tribunal framed appropriate issues and evidence was led before it. The petitioner was examined as PW.1 and the Doctor who assisted the disability was examined as PW.2 and Ex.P.1 to Ex.P.10 were marked. - 4 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 The driver of the respondent - bus was examined as RW.1 and Ex.R.1 was marked. After hearing both sides the Tribunal has awarded the compensation under different heads as below:- Sl. No. Heads Compensation Awarded 1. Injury, pain and sufferings Rs.20,000/- 2. Medical expenses Rs.12,500/- 3. Loss of income due to permanent physical disability Rs.1,14,240/- 4. Loss of income during laid up period Rs.8,000/- 5. Food and nourishment Rs.5,000/- 6. Attendant charges Rs.5,000/- 7. Conveyance charges Rs.5,000/- 8. Loss of amenities and future unhappiness. Rs.20,000/- Total Rs.1,89,740/- Rounded to Rs.1,90,000/- - 5 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 06. The learned counsel appearing for the petitioner contended that the Tribunal has assessed the disability is on the lower side. The notional income of the petitioner is also on the lower side. It has not considered the nexus between the physical disability and the functional disability. It is submitted that the compensation under the head of loss of amenities in life is also on lower side. Therefore, there is a need for indulgence by this Court. 07. The learned counsel appearing for the respondent – owner of the bus submits that the compensation awarded by the Tribunal is proper and correct, there is no need for enhancement of compensation; as such, he defends the impugned judgment and the award. 08. The perusal of the records would reveal that the petitioner was aged about 29 years and he was running a Mobile Shop business. The petitioner did not produce any documentary evidence to show his income. Therefore, the notional income has to be considered. The guidelines - 6 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 issued by the KSLSA for settlement of disputes before Lok- Adalath prescribed a notional income of Rs.8,750/- per month for the year 2016. In umpteen number of judgments, this Court has held that the guidelines issued by the KSLSA are in general conformity with the wages fixed under the Minimum Wages Act. Therefore, they are acceptable. Hence, the notional income of the petitioner is considered at Rs.8,750/-. 09. Insofar, as the disability is concerned the PW.2 - Doctor has stated that there is a disability to the extent of 25% to 30% to the limb on account of the fracture of neck of humorous. It is pertinent to note that the petitioner is working in a Mobile Shop, requiring use of his hands extensively. Therefore, the functional disability of the petitioner cannot be at any rate less then 1/3rd of the disability of the limb. In the considered opinion of this Court, the disability is 12%. Hence, the compensation under the head of loss of future income is calculated as Rs.8,750/- x 12 x 12% x 17 = Rs.2,14,200/-. - 7 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 10. Consequently, the compensation under the head of loss of income during laid up period has to be enhanced to Rs.17,500/-, treating such laid up period as 02 months. 11. The compensation under the head of pain and suffering also need to be enhanced. It is assessed at Rs.30,000/-. 12. Similarly, the compensation under the head of loss of amenities is also enhanced to Rs.25,000/-. 13. The Tribunal has awarded reasonable compensation amount towards medical expenses, food and nourishment, attendant charges and conveyance charges. The same need not be disturbed. 14. Therefore, the claimant is entitled for total enhanced compensation of Rs.1,24,200/- under the following heads :- - 8 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 Sl. No. Heads Compensation Awarded by this Court 1. Loss of future income Rs.2,14,200/- 2. Loss of income during treatment period Rs.17,500/- 3. Pain and suffering Rs.30,000/- 4. Loss of amenities Rs.25,000/- 5. Medical expenses Rs.12,500/- 6. Food and nourishment Rs.5,000/- 7. Attendant charges Rs.5,000/- 8. Conveyance charges Rs.5,000/- Total Less: awarded by Tribunal Rs.3,14,200/- Rs.1,90,000/- Total enhancement Rs.1,24,200/- 15. Hence, appeal deserves to be allowed in part. Therefore, the following; - 9 - NC: 2025:KHC-K:342 MFA No. 202053 of 2018 O R D E R I. The appeal is allowed in part. II. The appellant is entitled for a sum of Rs.1,24,200/- in addition to what has been awarded by the Tribunal along with interest at the rate of 6% p.a. from date of petition till the date of deposits. III. Rest of the order passed by the Tribunal regarding deposit etc., remain unaltered. Sd/- (C M JOSHI) JUDGE KJJ List No.: 1 Sl No.: 54 CT: AK