- 1 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA M.F.A. NO. 21423 OF 2013 (MV) C/W. M.F.A. NO. 21424 OF 2013 (MV) IN MFA NO. 21423 OF 2013 BETWEEN: MAHHAMDRAFIQ @ RAFIQ S/O. BABUSAB TALIKOTI, AGE 25 YEARS, OCC: FABRICATION WORK, PRESENTLY NIL, R/O.NEAR OLD ANJUMAN HIGH SCHOOL, BAGALKOT, TQ: BAGALKOT. …APPELLANT (BY SRI. D. V. PATTAR, ADV. FOR SRI. ANAND R. KOLLI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, BIJAPUR NEKRTC, BIJAPUR. …RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL ON RECORDS AND MODIFIED THE JUDGMENT PASSED BY THE MACT-IV BAGALKOT IN M.V.C. NO.627/2010 DATED 24.01.2013 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND ETC. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 IN MFA NO. 21424 OF 2013 BETWEEN: BANDENAWAZ S/O. AZIZSAB MANIYAR, AGE 23 YEARS, OCC: PHOTOGRAPHER & VIDEOGRAPHER, PRESENTLY NIL, R/O.NEAR OLD ANJUMAN HIGH SCHOOL, BAGALKOT, TQ: BAGALKOT. …APPELLANT (BY SRI. D. V. PATTAR, ADV. FOR SRI. ANAND R. KOLLI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, BIJAPUR NEKRTC, BIJAPUR. …RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL ON RECORDS AND MODIFIED THE JUDGMENT PASSED BY THE MACT-IV BAGALKOT IN M.V.C. NO.628/2010 DATED 24.01.2013 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND ETC. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. The claimant in MVC No.327/2010 and claimant in MVC No.628/2010 have filed these appeals against the judgment and award dated 24.01.2013 passed by the MACT-IV, Bagalkot (for short, ‘the Tribunal’) for enhancement of compensation. Both the appeals arise out of common accident and hence they are taken up together for disposal. 2. The parties are referred to as per their rankings before the Tribunal. 3. Brief facts of the case are that, on 21.05.2025 the claimant in both the cases, were proceeding from Bagalkot towards Navanagar in the motorcycle bearing registration No.KA-29/S-1364. The claimant in MVC No.628/2010 was riding the said motorcycle and the petitioner in MVC No.324/2010 was pillion rider. They met with an accident by the bus bearing registration No.KA- 28/F-1464, belonging to the respondent, due to rash and - 4 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 negligent driving of the same by its driver. As a result of which both the claimants sustained grievous injuries. With these reasons prayed to award compensation. 4. The respondent-Corporation denied the contentions of the claimants and it has further contended that accident had taken place due to rash and negligent riding of the motorcycle by its rider and they are not entitled for compensation as prayed in the claim petitions. The claim petition is bad for non-joinder of necessary parties and prayed to dismiss both claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues in both the petitions. 6. Both the petitions were clubbed together by the Tribunal and recorded common evidence. The claimants in all examined 5 witnesses as PW1 to PW5 and marked 174 documents as per Exs.P1 to P174. The respondent examined its driver as RW1. 7. The Tribunal after hearing both the parties and appreciating materials available on record held that accident had taken place due to rash and negligent driving - 5 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 of the bus by its driver and respondent is liable to pay following compensation. In MVC No.627/2010: Pain and suffering : Rs.40,000.00 Medical expenses : Rs.28,300.00 Loss of future earning capacity : Rs.64,800.00 Attendant charges : Rs. 1,200.00 Conveyance charges : Rs. 2,000.00 Total : Rs.1,36,300.00 In MVC No.628/2010: Pain and suffering : Rs.15,000.00 Medical expenses : Rs.61,300.00 Loss of future earning capacity : Rs.32,400.00 Attendant charges : Rs. 3,200.00 Loss of income during treatment period : Rs. 6,000.00 Conveyance charges : Rs. 3,000.00 Total : Rs.1,30,900.00 8. Being aggrieved by the same, claimants in both the cases have filed above said appeals. 9. I have heard the arguments of learned counsel for both the parties. 10. Learned advocate for the appellant contends that the Tribunal has not considered the income, and the disability properly and the amount of compensation - 6 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 awarded in both the cases is inadequate and hence prayed to enhance the same. 11. Learned counsel for the respondent submits that the Tribunal has properly considered the contentions in both the claim petitions and awarded just compensation and said finding does not call for any interference by this Court. With these reasons prayed to dismiss the appeals. 12. The only question arises for determination in both the cases is “whether the claimant is entitled for enhancement of compensation?” MFA No.21423/2013: 13. The records reveal that the claimant sustained the following injuries: i. CLW over right eyebrow measuring 3cm x 1 cm ii. CLW over right leg measuring 2cm x 1 cm and 3cm x 1cm iii. Fracture of middle 1/3rd of right clavicle iv. Fracture of right nasal bone v. Fracture of right lateral orbital wall & right lesser wing of sphenoid bone vi. Fracture of right lamina papyracea vii. Fracture of ethmoidal labyrinth viii. Soft tissue swelling with surgical emphysema over the fracture sites - 7 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 ix. Pneumocephalus is noted in temporal fossa x. Hemorrrhagic collection is noted in bilateral maxillary, ethmoidal and sphenoidal sinuses 14. He has produced medical receipts regarding purchase of medicines. He has taken treatment in different hospitals. The said documents corroborate the evidence of PW1. 15. One Dr.Vijay R. Kanti an orthopedic surgeon has given the certificate stating that claimant has been suffering from permanent disability to an extent of 20% to the whole body. The claimant has examined PW5 who is ophthalmologist and he has given certificate as per Ex.P174, stating that the claimant has been suffering from loss of vision to an extent of 20% and his visual disability is 20%. The said oral evidence corroborate with document issued by him as per Exs.P172 and 173. 16. The claimant was admitted as inpatient in Bagalkot from 21.05.2010 to 01.06.2010 and he underwent surgery. Considering the above said facts, the - 8 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 amount of compensation awarded by the Tribunal is on lower side. 17. It is true that fracture of nasal bone or clavicle bone may not lead to permanent disability but it may lead to loss of some of the amenities. However Tribunal has not awarded any amount of compensation towards loss of amenities. According to the evidence of PW4, claimant has lost vision of 20% of his right eye, it cannot be calculated as 1/3rd to the whole body on the contrary the Tribunal should have accepted the permanent disability to an extent of 20% to the whole body disability. Therefore the amount of compensation calculated under the head loss of future earning capacity due to permanent disability is on lower side. 18. The amount of compensation awarded under pain and suffering, nutritious diet and conventional charges are also on lower side and needs enhancement. 19. The claimant in the petition has contended that he was earning Rs.4,500/- per month but the Tribunal has taken notional income as Rs.3,000/- per month. The - 9 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 learned counsel for the appellant submits that income of the claimant may be assessed on the basis of chart prepared by KSLSA but that cannot be considered in this case since the income stated by the claimant itself is Rs.4,500/- per month and hence his income could be considered as Rs.4,500/- per month. The Tribunal accepted the age of the claimant as 22 years and applied multiplier as 18, which is not in dispute. On the basis of above said discussions, the following amount of compensation is re-calculated: Pain and suffering : Rs. 75,000.00 Medical expenses : Rs. 28,300.00 Loss of future earning capacity : Rs.1,94,400.00 Spl.diet, attendant charges, conveyance charges : Rs. 25,000.00 Loss of income during laid up period : Rs. 13,500.00 Loss of amenities : Rs. 50,000.00 Total : Rs.3,86,200.00 20. The claimant is entitled for enhancement of Rs.2,49,900/-, rounded off to Rs.2,50,000/-. He is also entitled for interest on the said amount at the rate of 6% per annum from the date of petition till its realization. - 10 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 MFA No.24140/2013: 21. In this case one Bandenawaz aged 25 years sustained following injuries: i. Fracture of shaft of the right femur 22. He underwent surgery. However it was malunited as per the disability certificate given by PW4 as per Ex.P170. According to evidence of PW4, he has been suffering from permanent disability to an extent of 32% to the whole body. 23. Learned counsel for the appellant submits that the Tribunal has taken disability as only 5%, which is much lower side. The Tribunal ought to have considered the disability as 32%. Further he contends that the claimant has contended that he was earning Rs.4,000/- per month and Tribunal has taken income as Rs.3,000/- per month which is on lower side. The amount of compensation awarded by the Tribunal on other heads are also on lower side, therefore prayed for enhancement of compensation. - 11 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 24. Learned counsel for the respondent submits that disability given by PW4 is exorbitant. Claimant sustained fracture of shaft of right femur. Therefore the Tribunal rightly rejected the evidence of PW4 that he was suffering from permanent disability at 32%. The amount of compensation awarded by the Tribunal is just and reasonable and it does call for interference by this Court. Hence prayed for dismissal of the claim petition. 25. Case sheet and other medical records produced by the claimant reveals that he has sustained fracture of shaft of right femur. The medical records also reveal that the said fracture was malunited though he underwent surgery. He was admitted as inpatient in the hospital for 32 days from 21.05.2010 to 23.06.2010. He was aged 25 years and was working as photographer and videographer and earning Rs.4,000/- per month. The Tribunal has taken notional income of the claimant as Rs.3,000/- per month which is on lower side. The claimant himself contends that he was earning Rs.4,000/- per month. As per the chart prepared by KSLSA income of relevant year is Rs.5,500/- - 12 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 per month, which is more than income of claimant and hence it shall be restricted to Rs.4,000/- per month. 26. Looking to the nature of work done by the claimant and evidence of PW4, as well as nature of injuries sustained by the claimant, permanent disability assessed by the Tribunal is on lower side. Even if it is considered that he has been suffering from permanent disability to an extent of 32% to the right lower limb, then 1/3rd of the same shall be considered, as disability to whole body. Accordingly his disability is assessed as 10% to the whole body. The Tribunal has applied multiplier 18 which is proper. On the basis of above figures, the compensation under the head of loss of future earning capacity due to permanent disability is re-assessed. The amount of compensation awarded by the Tribunal on all other heads except medical expenses, are on lower side which needs enhancement. 27. For the aforesaid discussions, following compensation is awarded: Pain and suffering : Rs. 25,000.00 - 13 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 Medical expenses : Rs. 61,300.00 Loss of future earning capacity : Rs. 86,400.00 Spl.diet, attendant charges, conveyance charges : Rs. 25,000.00 Loss of income during laid up period : Rs. 12,000.00 Loss of amenities : Rs. 25,000.00 Future medical expenses : Rs. 10,000.00 Total : Rs.2,44,700.00 28. The claimant is entitled for enhancement of Rs.1,13,800/-. He is also entitled for interest on the said amount at the rate of 6% per annum from the date of petition till its realization. The Tribunal after considering the evidence on record held that accident had taken place due to rash and negligent driving of the bus by its driver and directed respondent to pay compensation, the said finding is not challenged by the respondent. 29. For the aforesaid discussions, the aforesaid question framed is answered partly in favour of the appellant and this Court passes the following: ORDER i. MFA No.21423/2013 and MFA No.21424/2013 are allowed in part. - 14 - NC: 2025:KHC-D:6399 MFA No. 21423 of 2013 C/W MFA No. 21424 of 2013 ii. The judgment and award dated 24.01.2013 in MVC No.327/2010 and MVC No.628/2010 passed by the MACT-IV, Bagalkot is modified. iii. The claimant in MVC No.327/2010 is entitled for enhancement of Rs.2,50,000/- and the claimant in MVC No.628/2010 is entitled for enhancement of Rs.1,13,800/- with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent shall deposit above amount within 6 weeks from the date of award. v. Send back the TCR along with copy of this judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 6