- 1 - NC: 2025:KHC-D:3930 MFA No. 22319 of 2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22319 OF 2012 (MV) BETWEEN: THE MANAGING DIRECTOR, K.S.R.T.C., CENTRAL OFFICES, K.H. ROAD, BENGALURU-560027, (OWNER AND SELF INSURER OF THE KSRTC BUS BEARING NO.KA-01/F-8123) REPRESENTED BY IT’S CHIEF LAW OFFICER, (BUT WRONGLY SHOWN AS THE MANAGING DIRECTOR, KSRTC, NORTH-WEST DIVISION, GOKUL ROAD, HOSUR, HUBLI, IN THE CAUSE TITLE BEFORE MACT). …APPELLANT (BY SRI S.C.BHUTI, ADVOCATE.) AND: RAVI @ RAVIKUMAR S/O. PALAKSHAPPA, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: HARAMAGATTI VILLAGE IN SHIMOGA DIST. NOW AT KATIGALLI, RANEBENNUR, DISTRICT: HAVERI-581115. …RESPONDENT (BY SRI G.S.HULMANI, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY/SET ASIDE THE JUDGMENT AND AWARD DATED 09.12.2011, PASSED IN MVC NO.266/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND M.A.C.T. AT RANEBENNUR IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3930 MFA No. 22319 of 2012 RESPECT OF FIXING LIABILITY ON THE APPELLANT AND ALSO TO REDUCE QUANTUM OF AWARD AMOUNT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Office to delete the name of learned counsel Sri M.H.Patil, from the cause list and show the name of learned counsel Sri G.S.Hulmani only. 2. This appeal is filed by the KSRTC challenging the judgment and award dated 09.12.2011, passed by the Presiding Officer, Fast Track Court, Ranebennur, in MVC No.266/2008, praying for reducing the quantum of compensation. 3. Heard the arguments and perused the material placed before the Court. 4. The factum of accident, death of two oxen and the bullock cart damage and the claimant sustaining injuries are not in dispute in this case. - 3 - NC: 2025:KHC-D:3930 MFA No. 22319 of 2012 5. From the medical evidence on record it is proved that the claimant has suffered fracture of L4 vertebra. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Medical bills. 5,900 2. Loss of income during hospitalization, attendant charges, food, nourishment, diet, transportation, etc.,. 5,400 3. Loss of income during bed rest for one month. 6,000 4. Loss of pain and sufferings. 10,000 5. Loss of future income due to disability (Rs.6,000/- x 15% x 12 x 18) 1,94,400 6. Loss of amenities in life and physical discomfort. 10,000 7. Loss of damage to bullock cart. 10,000 8. Loss of damage due to death of two oxen. (Rs.15,000/- + Rs.13,000/-) 28,000 Total: 2,69,700 6. The claimant is an agriculturist is not in dispute and while he was driving the bullock cart with two oxen, it was hit by KSRTC bus resulting into death of two oxen and the claimant has suffered fracture of L4 vertebra. Though the - 4 - NC: 2025:KHC-D:3930 MFA No. 22319 of 2012 monthly income of the claimant taken by the tribunal at Rs.6,000/- is slightly on higher side, but the fact that the claimant suffered fracture of L4 vertebra, the tribunal has taken percentage of disability at 15% is found to be correct. The tribunal has awarded meager amount of compensation on account of death of two oxen of Rs.28,000/- only. When considering the accident is of the year 2008, the rate of one ox might be around Rs.30,000/- to Rs.35,000/-. The claimant has suffered loss of two oxen for his agricultural operations and thus, suffered damages besides injuries sustained by him. 7. Under these circumstances, considering the factors that the compensation awarded towards loss due to death of two oxen is on lesser side and even if the income of the claimant taken is slightly on higher side of Rs.6,000/- instead of Rs.4,250/-, therefore, these two are compensated to each other. Therefore, whatever the compensation awarded by the tribunal is found to be just and proper and correct considering the injuries sustained and loss caused to the claimant. Therefore there is no need to make any - 5 - NC: 2025:KHC-D:3930 MFA No. 22319 of 2012 interference in the judgment and award passed by the tribunal. Thus, the appeal is liable to be dismissed. Accordingly the appeal is dismissed. 8. The amount in deposit made by the appellant shall be transmitted to the tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 37