- 1 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 203620 OF 2023 (MV-I) C/W MISCL. FIRST APPEAL NO. 200268 OF 2023 IN M.F.A.NO.203620/2023: BETWEEN: THE MANAGER DIRECTOR, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBLI. …APPELLANT (BY SRI A.M. PATIL, ADVOCATE) AND: RUKMAVA W/O NINGAPPA KUMMI, AGE: 38 YEARS, OCC: TAILORING WORK, R/O MAMATAGERI, TQ. BADAMI, NOW RESIDING AT JAL NAGAR, VIJAYAPURA, TQ. VIJAYAPURA – 586101. …RESPONDENT (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 20.06.2022 GRANTING COMPENSATION OF RS. 7,53,300/- IN SO FAR AS IT SADDLES THE LIABILITY UPON THE APPELLANT CORPORATION i.e. NWKRTC, HUBBALLI, FURTHER THIS HON’BLE COURT BE PLEASED TO HOLD THAT THE AWARD OF COMPENSATION TO BE EXESSIVE AND LIABLE TO BE REDUCED. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 IN M.F.A.NO.200268/2023: BETWEEN: RUKMAVVA W/O NINGAPPA KUMMI AGE: 37 YEARS, OCCU: TAILORING WORK, R/O MAMATAGERI, TQ. BADAMI, NOW RESIDING AT JAL NAGAR, VIJAYAPURA – 586101. …APPELLANT (BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE) AND: THE MANAGING DIRECTOR, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBLI – 580009. …RESPONDENT (BY SRI A.M. PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION TO RS.17,46,700/-, (EXCLUDING THE AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND AWARD OF THE MEMBER MACT NO.V. AT: VIJAYAPUR DATED: 20.06.2022, IN MVC NO.765 OF 2020. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K NATARAJAN) These appeals arising out of the judgment and award dated 20.06.2022 in MVC No.765/2020 passed by the Principal Senior Civil Judge & MACT-V, Vijayapura (for short, ‘the Tribunal’). The respondent-Corporation filed the appeal challenging the liability as well as quantum of compensation in MFA No.203620/2023 whereas the petitioner being dissatisfied with the meager compensation awarded by the Tribunal, filed appeal in MFA No.200268/2023. 2. Though this matter is listed for orders, with the consent of learned counsel for both parties, it is taken up for final disposal. 3. Parties to the appeals are referred to as per their status before the Tribunal. 4. Brief facts leading rise to filing of these appeals are as under: - 4 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 That, on 12.12.2019, petitioner was traveling in a KSRTC Bus bearing registration No.KA-25/F-3077 going towards Gaddankeri Cross from Mamatageri side and she was sitting on the seat which was on the rear right tyre of the said Bus. While, so proceeding at about 4.00 p.m., when the said bus came near Kerakalamatti Cross, at that time, the driver of the bus drove with high speed in a rash and negligent manner and rear right tyre was burst, due to which the aluminum sheet of the bus torn off and hit to both the legs of the petitioner by causing injuries to the legs and other parts of the body. Immediately, after the accident, the petitioner was shifted to Daddenavar Hospital, Bagalkot and thereafter shifted to Dr.G.S.Kulkarni Hospital, Miraj for further treatment. It is contended that the petitioner has spent Rs.3,00,000/- towards medical and other expenses. The petitioner was hale and healthy woman aged 35 years and was doing tailoring work by earning Rs.20,000/- per month and because of the injuries sustained in the - 5 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 accident, it has become difficult for her to do tailoring work and also to walk as before the accident. Hence, the petitioner filed a claim petition under Section 166 of M.V.Act claiming compensation on account of injuries sustained by her in the road traffic accident. Accordingly, prayed to allow the claim petition. 5. The respondent-Corporation filed written statement denying the age, occupation and income of the petitioner and also denied the injuries sustained by the petitioner due to the alleged accident. It is contended that there is no negligence on the part of the driver of the offending bus. Hence, the respondent counsel prayed to dismiss the claim petition. 6. On the basis of the pleadings of the parties, The Tribunal framed issue Nos.1 to 3, are as under; (a) Whether the petitioner proves that, she has sustained injuries due to actionable rash and negligent act of driver of KSRTC Bus bearing No.KA-25/F-3077 in the - 6 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 Motor Vehicle Accident on the date, time and the place as being asserted? (b) Whether the petitioner is entitled for compensation? If so, what is the quantum? (c) What order or award? 7. In order to prove her case, the petitioner examined herself as PW.1 and examined the doctor as PW.2 and produced and marked documents at Exs.P1 to P17. On the other hand, the respondent–Corporation examined the driver of the bus as RW.1. However, no documents are marked. 8. On the basis of the material evidence both oral and documentary, the Tribunal, answered issue No.1 in the affirmative, issue No.2 partly affirmative and issue No.3 as per final order. The claim petition was partly allowed and ordered that the petitioner is entitled for compensation of Rs.7,53,300/- with interest @ 6% p.a. and directed the respondent to pay the compensation. The details of the compensation granted are as under: - 7 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 Sl.No. Heads Amount in Rs. 1 Pain & suffering 20,000/- 2. Medical bills incurred and future medical expenses, attendant, conveyance, nourishing food and other incidental charges 1,80,500/- 3. Loss of income during laid up period 8,550/- 4. Loss of future income on account of permanent disability 5,34,240/- 5. Loss of amenities, Life comforts and expectancy of life 10,000/- Total Rounded off to Rs.7,53,290/- Rs.7,53,300/- 9. Being aggrieved by the quantum of compensation the respondent-Corporation has filed appeal in MFA No.203620/2023 for reducing the compensation whereas the petitioner has filed appeal in MFA No.200268/2023 seeking enhancement. 10. Learned counsel for the respondent- Corporation has contended that the Tribunal has committed an error in awarding higher compensation towards loss of earning capacity by taking 21% disability to the whole body even though the doctor has opined only - 8 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 30% left lower limb. Even, if it is considered as 1/3rd it comes to 10% to the whole body, but the Tribunal has taken the disability at 21% which is on the higher side. He further submits that the monthly income assessed by the Tribunal is exorbitant and excessive. Hence, on these grounds, he prays to reduce the compensation by allowing the appeal filed by the respondent-Corporation and prays to dismiss the appeal filed by the petitioner. 11. Per contra, learned counsel for the petitioner has contended that the Tribunal has rightly fixed the liability on the respondent-Corporation but contended that the quantum of compensation assessed by the Tribunal is very meager. It is further contended that the petitioner has suffered fractural injuries on both the legs apart from sustaining injuries to upper limb and the doctor has assessed the disability is about 65% to the whole body and the Tribunal has assessed only 21% which is on the lower side. He further submits that the petitioner was admitted to the hospital for 19 days and thereafter took - 9 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 further treatment as out patient and hence Rs.20,000/- under the head pain and suffering so also the loss of income during laid-up period considered by the Tribunal at Rs.8,550/- is also very meager even though if one month salary is considered it comes to Rs.13,250/-, which needs to be enhanced. He further submits that the petitioner has to suffer through out her life and she cannot do tailoring work as earlier as the nails are still in the legs of the injured and they are yet to be removed in future by surgery. Therefore, the Tribunal has erred in not considering under the head future medical expenses. Accordingly, on these grounds he prays to enhance the compensation by allowing the appeal by the petitioner and prays to dismiss the appeal filed by the respondent- Corporation. 12. We have heard the learned counsel for the respondent-Corporation and the learned counsel appearing for the petitioner. Perused the records and considered the - 10 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 submissions of the learned counsel for the parties. The point that arises for our consideration is; “(a) Whether the quantum of compensation awarded by the Tribunal requires any modification, if so to what extent?” 13. As regards the accident dated 12.12.2019 was occurred when the injured was traveling in the Bus belongs to the Corporation was not in dispute. Due to the injuries, the petitioner has sustained injuries is also not in dispute. The police have also filed a charge sheet against the driver of the Bus in which the petitioner was traveling. Such being the case, the question of exorbitant of liability, rash and negligence and fixing the liability on the respondent-Corporation cannot be accepted. 14. As regards the assessment of compensation, the Tribunal has awarded compensation of Rs.20,000/- under the head pain and suffering. However, the injured petitioner was admitted in the hospital for 19 days and injuries to both the legs are grievous in nature, fractured, - 11 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 nails were inserted. Such being the case, the award of Rs.20,000/- by the Tribunal is very meager. Therefore, we feel it is just and proper to enhance the compensation to Rs.50,000/- as against Rs.20,000/- awarded by the Tribunal. 15. With regard to the medial expenses, future medical expenses, attendant charges, nourishing food and other incidental charges, the Tribunal has awarded Rs.1,80,500/-. However, there is no separate compensation amount was awarded under the head attendant, conveyance, nourishing food and other incidental charges. Hence, clubbing all the heads is not proper. Therefore, we propose to award another Rs.20,000/- under the head attendant, conveyance, nourishing food and other incidental charges along with Rs.1,80,500/- awarded by the Tribunal. 16. As regards the loss of income during laid up period, the Tribunal has awarded only Rs.8,550/-. Though, the Tribunal has assessed the notional income of the - 12 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 petitioner at Rs.13,250/- by considering the guidelines issued by the Karnataka Legal Services Authority and awarding of Rs.8,550/- is very meager. Once the treatment was taken, it is not enough after discharging and the petitioner is required to go for further treatment as out-patient. Such being the case, the petitioner could have taken bed rest for at least three months. Hence, we propose to award Rs.39,750/- (Rs.13,250 x 3) under this head. 17. As regards the loss of amenities, life comforts and expectancy of life is concerned, the Tribunal has awarded a sum of Rs.10,000/- under this head. The petitioner is woman aged 35 years and she was hale and healthy and the X-ray film reveals two nails were inserted on the foot i.e., on the ankle. She is said to be Tailor, it is very difficult to do tailoring work in future and there is also injury to the upper limb and definitely she could not lift weight and also do not walk for long time and squat sitting. Such being the case, she has to suffer through out - 13 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 her life. Hence, a sum of Rs.10,000/- awarded by the Tribunal is very meager. Accordingly, we propose to enhance Rs.40,000/- as against Rs.10,000/- towards loss of amenities. 18. As regards the loss of future income, the Tribunal has assessed the notional income of petitioner at Rs.13,250/- per month. PW.2 the doctor has opined that the petitioner has suffered 35% disability to right lower limb and 30% disability to left lower limb and the total disability comes to 65%. The Tribunal while considering the same taking into consideration as 1/3rd of it as 11% to the whole body and by adding 10% to the same taken 21% disability to the whole body. Hence, we are of the view that the Tribunal has rightly considered 1/3rd of 65% as 21% to the whole body. Accordingly, we accept the reason given by the Tribunal in assessing the loss of future income due to disability which do not call for any interference. (Rs.13,250 x 12 x 16 x 21% + = Rs.5,34,240/-) - 14 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 19. As regards the loss of future medical expenses, the Tribunal has not awarded any amount under this head. Though, the learned counsel for the petitioner has produced the X-ray film, discharge card and the medical records, which clearly reveals that 2 nails on both the legs were inserted in the ankle part. In future, which requires to be removed from the legs of the ankle bones. The petitioner of-course has not seriously claimed any compensation under this head. However from the perusal of the records, this Court has come to the conclusion that the petitioner requires future medical expenses as well. The medical expenses spent by the petitioner was almost more than Rs.1,50,000/-. Therefore, for the purpose of removal of implants in both the legs, she may require two surgeries for both the legs. Such being the case, we propose to award at-least Rs.40,000/- under the head future medical expenses. 20. Accordingly, the compensation is re-assessed under different heads as under; - 15 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 Sl.No Heads By Tribunal By this Court 1. Pain & suffering Rs.20,000/- Rs.50,000/- 2. Medical bills incurred and future medical expenses, attendant, conveyance, nourishing food and other incidental charges Rs.1,80,500/- Rs.2,00,500/- 3. Loss of income during laid up period Rs.8,550/- Rs.39,750/- 4. Loss of future income on account of permanent disability Rs.5,34,240/- Rs.5,34,240/- 5. Loss of amenities, Life comforts and expectancy of life Rs.10,000/- Rs.40,000/- 6. Loss of future medical expenses ----- Rs.40,000/- Total Rounded off to Rs.7,53,290/- Rs.7,53,300/- Rs.9,04,490/- Rs.9,04,500/- 21. The petitioner is entitled for a total compensation of Rs.9,04,500/- as against Rs.7,53,300/- awarded by the Tribunal. Hence, the petitioner is entitled for enhanced compensation of Rs.1,51,200/- with interest @ 6% p.a. 22. Hence, this Court feel it proper to enhance the compensation awarded by the Tribunal and the contention of the learned counsel for the Corporation with regard to quantum of compensation awarded by the Tribunal cannot - 16 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 said to be exorbitant and excessive. Therefore, the appeal filed by the Corporation deserves to be dismissed and the appeal filed by the claimant deserves to allowed in part. 23. Accordingly, we proceed to pass the following: ORDER (a) The appeal filed by the Corporation in MFA No.203620/2023 is dismissed. (b) The appeal filed by the claimant in MFA No.200268/2023 is allowed in part. (c) The impugned judgment and award passed by the Tribunal is modified. (d) The petitioner is entitled for a total compensation of Rs.9,04,500/- as against Rs.7,53,300/- awarded by the Tribunal. (e) The petitioner is entitled for enhanced compensation of Rs.1,51,200/- along with interest at the rate of 6% per annum from the date of petition till realization of amount. (f) The respondent-Corporation is directed to deposit the entire compensation amount before the - 17 - NC: 2025:KHC-K:1789-DB MFA No. 203620 of 2023 C/W MFA No. 200268 of 2023 Tribunal within a period of eight weeks from the date of receipt of certified copy of this judgment. (g) The amount in deposit, if any, shall be transmitted to the concerned Tribunal forthwith. (h) The rest of the Judgment passed by the tribunal is maintained. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 10 CT: PS