- 1 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101453 OF 2018 (MV-I) BETWEEN: SHRI. BABURAO S/O ISHWR MIRASHI AGE: 36 YEARS, OCC: MASONARY WORK, R/O: ANAGADI, TQ: KHANAPUR, DIST: BELAGAVI-591120. …APPELLANT (BY SRI. B M PATIL, ADV) AND: THE MANAGING DIRECTOR MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, VAHATUK BHAVAN, CENTRAL MUMBAI-400008, BY ITS GENERAL MANAGER. …RESPONDENT (BY SRI. C.V. ANGADI, ADV FOR SOLE RESPONDENT) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2017, PASSED IN MVC NO.879/2016 ON THE FILE OF THE IX ADDL. DISTRICT & SESSIONS JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed by the Petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 01.09.2017 passed in M.V.C.No.879/2016 by the learned IX Additional District and Sessions Judge, and Additional M.A.C.T., Belagavi. 2. Brief facts, leading rise to the filing of this appeal are as follows: On 17.07.2014, the petitioner in M.V.C.No.879/2016 along with another were traveling in Tavera Car bearing registration No.MH-23/Y-0774. When the car reached at the spot of the accident, at that time, a bus bearing registration No.MH-14/BT-3004 came from the opposite direction in a rash and negligent manner, and dashed to the car. As a result, the petitioner and another sustained grievous injuries. Both the inmates of the car filed the claim petitions in M.V.C.Nos.878/2016 and 879/2016 under Section 166 of M.V. Act seeking compensation for the - 3 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petitions. 3. MSRTC filed a statement of objections denying the averments made in the claim petitions, and contended that the amount claimed by the petitioners is exorbitant and accordingly, prays to dismiss the claim petitions. 4. The Tribunal, based on the pleadings of the parties, framed the common issues and the common evidence was recorded. 5. The petitioner in M.V.C.No.879/2016 was examined as PW-1, the petitioner in M.V.C.No.878/2016 was examined as PW-2, examined the doctor as PW-3 and 19 documents were marked as Exs.P-1 to P-19. Conversely, the MSRTC neither led any oral nor any documentary evidence. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part - 4 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 vide common judgment dated 01.09.2017 and awarded a compensation of Rs.20,000/- in M.V.C.No.878/2016, and Rs.3,34,856/- in M.V.C.No.879/2016 and directed the MSRTC to deposit the compensation amount. 7. The petitioner in M.V.C.No.879/2016, being dissatisfied with the quantum of compensation, filed this appeal. 8. Heard the arguments of the learned counsel for the petitioner, and the learned counsel for the MSRTC. 9. Learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the Tribunal has not properly assessed the disability. Hence, on these grounds, he prays to allow the appeal. 10. Per contra, the learned counsel for the MSRTC submits the compensation awarded by the Tribunal is just - 5 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 and proper and does not call for any interference by this Court. Hence, he prays to dismiss the appeal. 11. Perused the records, and considered the submissions of the learned counsel for the parties. 12. The point that would arise for consideration is regarding the quantum of compensation. 13. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioner in a road traffic accident. The petitioner, to prove that he has suffered a permanent disability, examined the doctor as PW-3 who has opined that the petitioner has suffered a disability to the extent of 60% to the right upper limb, whereas the Tribunal assessed the disability at 13%, which is on the lower side. Admittedly, PW-3 is a treated doctor. Considering the evidence of PW-3, this Court reassesses the permanent disability of the petitioner to the extent of 30% to the whole body. The accident occurred in the year 2014. The Tribunal was justified in assessing the notional income - 6 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 of the petitioner at Rs.7,500/- as per the schedule notified by the Karnataka State Legal Services Authority. The petitioner was aged about 34 years old as of the date of the accident. The multiplier applicable to the age group of the petitioner is ‘16’. Accordingly, the loss of earning capacity of the petitioner is worked out as follows: Rs.7,500 x 12 x 16 x 30% = 4,32,000/-. 14. Considering the evidence of PW-3, and the medical records, this Court reassesses the compensation under the following heads: Sl.No. HEADS AMOUNT 1. Loss of future earning capacity Rs.4,32,000/- 2. Pain and suffering Rs.50,000/- 3. Food, transport and attendant charges Rs.45,000/- 4. Medical expenses Rs.81,656/- 5. Loss of earning during laid up period Rs.30,000/- 6. Loss of amenities Rs.30,000/- Total Rs.6,68,656/- Less: Compensation awarded by the Tribunal Rs.3,34,856/- Enhanced compensation Rs.3,33,800/- - 7 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 15. Thus in all, the petitioner is entitled to a total compensation of Rs.6,68,656/- as against Rs.3,34,856/- awarded by the Tribunal i.e., to an enhanced compensation of Rs.3,33,800/-. 16. In view of the above discussion, I proceed to pass the following: ORDER (i) The Miscellaneous First Appeal is allowed in part. (ii) The judgment and award dated 01.09.2017 passed in M.V.C.No.879/2016 by the learned IX Additional District and Sessions Judge and Additional M.A.C.T., Belagavi is modified. (iii) The petitioner is entitled to an enhanced compensation of Rs.3,33,800/- with interest at 6% p.a. from the date of the petition till realization. (iv) The MSRTC is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this judgment. - 8 - HC-KAR NC: 2025:KHC-D:13410 MFA No. 101453 of 2018 (v) The office is directed to transmit the records to the Tribunal. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 21