- 1 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.101324 OF 2017 (MV-I) BETWEEN: KRISHNAPPA S/O. SHAMBANNA NELLUR, AGE: 46 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: MENASINAKAI ONI, MADARMADDI, DHARWAD. …APPELLANT (BY SRI MALLIKARJUN B.MADANALLI, ADVOCATE) AND: 1. RAVIKUMAR S/O. LAKSHMINARAYANA MURTHY, AGE: 36 YEARS, OCC: KSRTC BUS DRIVER, R/O: NEAR HALLIMARDA PALYA, TUMKURU, DIST: TUMKURU. 2. THE MANAGING DIRECTOR, KSRTC, KARNATAKA STATE ROAD, TRANSPORT CORPORATION, DOUBLE ROAD, SHANTI NAGAR, BENGALURU, KUNIGAL DEPOT, TUMKURU. 3. THE SELF INSURANCE FUND, KSRTC, KARNATAKA STATE ROAD TRANSPORT CORPORATION, DOUBLE ROAD, SHANTI NAGAR, BENGALURU, KUNIGAL DEPOT, TUMKURU. …RESPONDENTS (BY SRI S.C. BHUTI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH; NOTICE TO R3 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PLEASED TO ALLOW THIS APPEAL AND CLAIM AND GRANT REASONABLE COMPENSATION OF RS.14,55,000/- AND PROPER INTEREST FROM Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 THE DATE OF PETITION, TILL THE REALIZATION OF AWARD AMOUNT AGAINST THE RESPONDENTS AND ACCORDINGLY MODIFY THE JUDGEMENT AND AWARD DATED 21.01.2017 PASSED IN MVC NO.777/2015 ON THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD, IN THE INTEREST OF JUSTICE AND ANY OTHER RELIEFS MAY KINDLY BE GRANTED. 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) This appeal is filed by the claimant challenging the judgment and award dated 21.01.2017, passed by the I Additional Senior Civil Judge and Chief Judicial Magistrate and Member Additional Motor Accident Claims Tribunal, Dharwad, in MVC No.777/2015, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. - 3 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 4. In the present case, from the medical evidence on record it is proved that the claimant has sustained injuries to his left leg knee, severe injuries to the leg, forehead and forearms and other parts of the body. The tribunal has awarded global compensation of Rs.45,000/- along with interest at 8% per annum. 5. Though, initially it was mentioned that the claimant has suffered simple injuries as notified by the District Hospital, Chitradurga, but when the claimant has taken treatment in the hospital at Dharwad, Exs.P-4, P-16 and P-17-X-ray films have proved the fact that the claimant has sustained fracture of femur of left leg. Accordingly, the Doctor-PW-4 has given disability certificate i.e., on Ex.P-16. Ex.P-16 has stated that the claimant has suffered 30% of permanent physical disability towards left leg. The claimant is doing business and agriculturist. Therefore, it affects the earning capacity of the claimant. Hence, it is appropriate to consider that the claimant has sustained 10% of functional disability - 4 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 towards whole body. Therefore, the judgment and award required to be modified by enhancing the quantum of compensation. 6. Considering the injuries sustained, a compensation of Rs.30,000/- is awarded towards pain and suffering. The compensation awarded towards medical expenses at Rs.41,998/-. Further, Rs.10,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.14,000/- (7,000x2) towards loss of income during laid up period for a period of two months, is awarded. The claimant is entitled for a sum of Rs.30,000/- towards loss of amenities. 7. The accident is caused in the year 2013. Therefore, notional income of Rs.7,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 46 years at the time of accident. Therefore, appropriate applicable multiplier is ‘14’. Hence, loss of - 5 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 future income due to disability is hereby reassessed and quantified as under: Rs.7,000 x 12 x 14 x 10% = Rs.1,17,600/- 8. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 30,000 2. Towards medical expenses. 41,998 3. Towards loss of amenities. 30,000 4. Towards loss of income during laid up period 14,000 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc. 10,000 6. Towards loss of future earning capacity. 1,17,600 Total: 2,43,598 9. Therefore, the claimant is entitled for total compensation of Rs.2,43,598/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.45,000/- awarded by the Tribunal. The Insurance Company is directed to deposit - 6 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 the enhanced compensation within eight weeks from the date of receipt of a certified copy of this judgment. 10. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 21.01.2017, passed by the I Addl. Senior Civil Judge and CJM and Addl. MACT, Dharwad, in MVC No.777/2015 stands modified. iii) The claimant is entitled for total compensation of Rs.2,43,598/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The insurance company shall deposit the enhanced amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 7 - NC: 2025:KHC-D:790 MFA No. 101324 of 2017 vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 2 Sl No.: 74