- 1 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102580 OF 2020 (MV-I) BETWEEN: SMT. KAMALAVVA W/O MALLAPPA DONAGA, AGE: 45 YEARS, OCC: AGRICULTURE AND COOLIE WORK, R/O: BENCHINMARDI, TQ: GOKAK, DIST : BELAGAVI-593 107. … APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: N.W.K.R.T.C., MANAGING DIRECTOR, CENTRAL OFFICE, BY ITS CONTROLLER, NWKRTC, CHIKKODI-591 201. … RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, MODIFY THE JUDGMENT AND AWARD DATED 15.07.2020 PASSED IN MVC NO.178/2019 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 15.07.2020 passed in MVC No.178/2019 on the file of XII Additional District and Sessions Judge, Belagavi sitting at Gokak (hereinafter referred to as ‘the Tribunal’ for short) seeking enhancement of compensation. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 4. Heard the arguments from both learned counsels appearing for the parties and perused the material placed on records. - 3 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 Brief facts of the case: 5. It is the case of the claimant that on 02.12.2018 at about 2.15 pm, the appellant/claimant while traveling in the bus bearing Reg.No.KA-31/F-1220 from Paschapur to Gokak Falls, at that time when the bus came near the land of one Neeldhari within the limits of Melmatti village, the driver of the bus dashed against a tree standing on the road side and caused the accident. Due to the said accident, the claimant sustained grievous injuries such as a fracture of the left lower end ulna and other injuries. 6. From the medical evidence on record, it is proved that the claimant has suffered following injuries: “Mal-united Fracture of lower end of left Ulna, and other injuries to his whole body.” 7. The claimant has filed claim petition before the Tribunal and the Tribunal has awarded compensation under various head as follows: - 4 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 1. Pain and suffering Rs.03,000/- 2. Hospital expenses Rs.10,000/- 3. Towards food and attendant charges Rs.15,000/- 4. Towards litigation expenses Rs.,5,000/- 5. Loss of future earning Rs.68,480/- 6. For discomfort Rs.5,000/- Total Rs.98,480/- 8. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 9. Considering the injuries sustained, a compensation of Rs.15,000/- towards pain and suffering, Rs.10,000/- towards loss of amenities and enjoyment in life are awarded. The compensation awarded towards medical expenses Rs.10,000/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.15,000/- towards incidental expenses like diet, food, nourishment, attendant, conveyance charges etc. awarded by the Tribunal is found to be just and proper. Hence, the same is kept intact and Rs.11,750/- towards - 5 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 loss of income during laid up period for a period of 1 months, is awarded. 10. The doctor has stated that the claimant had suffered 15% of physical disability to the whole body, but the Tribunal has taken disability only at 4%, which is on the lower side. Therefore, considering the evidence of the doctor, 6% functional disability is taken into consideration as the claimant had suffered grievous injuries i.e., “Mal- united fracture of lower end of left Ulna and other injuries to his whole body.” 11. The accident is caused in the year 2018. Therefore, notional income of Rs.11,750/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 44 years old at the time of accident. Therefore, appropriate applicable multiplier is 14. Hence, loss of future income due to disability is hereby reassessed as Rs.1,18,440/- (Rs.11,750/-x 6% x 14 x 12). - 6 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 12. Thus, in all, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount 1. Towards injuries, pain and suffering. Rs.15,000/- 2. Towards medical expenses. Rs.10,000/- 3. Towards loss of amenities. Rs.10,000/- 4. Towards loss of income during laid up period and medical treatment period. Rs.11,750/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. Rs.15,000/- 6. Towards loss of future earning capacity. Rs.1,18,440/- 7. Towards litigation expenses. Rs.5,000/- 8. For discomfort Rs.5,000/- Total: Rs.1,90,190/- 13. Therefore, the appellant/claimant is entitled for total compensation of Rs.1,90,190/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.98,480/- awarded by the Tribunal. The respondent/NWKRTC is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. - 7 - HC-KAR NC: 2025:KHC-D:7399 MFA No. 102580 of 2020 14. In the result, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 15.07.2020 passed in MVC No.178/2019 on the file of XII Additional District and Sessions Judge, Belagavi sitting at Gokak stands modified. iii. The appellant/claimant is entitled for total compensation of Rs.1,90,190/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv. The NWKRTC shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v. No order as to costs. vi. Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 45