- 1 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 23924 OF 2013 (MV-) BETWEEN: 1. SMT. SUREKHA W/O. DESAI GOUDA DODDACHIKKANNAVAR AGE: 33 YEARS, OCC: TAILORING WORK R/O. TALEGUND, JADE HOBALI, TQ: SORAB, DIST: SHIVAMOGA …APPELLANT (BY SRI. NAVEEN CHATRAD, ADV FOR SRI. MAHESH WODEYAR, ADV) AND: 1. PANDITH AVOJI S/O. YALLAPPA AGE: 29 YEARS, OCC: DRIVER R/O. SUREBAN, TQ: RAMADURGA, NOW KSRTC DEPO DRIVER, KARWAR. 2. THE DIVISIONAL MANAGER KSRTC DEPOT, KARWAR …RESPONDENTS (BY SRI. P.R BENTUR, ADV FOR R2, NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1)OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:25-06-2013 PASSED IN MVC NO.83/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, BYADAGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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:12171 MFA No. 23924 of 2013 ORAL JUDGMENT This Miscellaneous First Appeal is filed by the petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 25.06.2013, passed in M.V.C. No.83/2011 by the learned Senior Civil Judge and Addl. M.A.C.T., Byadagi. 2. Brief facts, leading rise to the filing of this appeal, are as follows: On 13.08.2009, the petitioner was traveling in a KSRTC bus bearing registration No.KA-31/F-1004 as a passenger. The driver of the bus drove the bus in a rash and negligent manner and dashed to the tractor-trailer bearing registration No.KA-15/T-3794 and 3795. Due to the accident, the petitioner suffered a permanent disability and he had incurred a huge medical expenses. Hence, the petitioner filed a claim petition claiming compensation for the injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petition. - 3 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 3. The Driver of the Bus and the KSRTC Corporation filed a statement of objections denying the averments made in the claim petition. It is contended that the accident occurred due to the fault of the driver of the tractor-trailer and accordingly, prays to dismiss the claim petition. 4. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 5. The petitioner, to substantiate her case, examined herself as PW-1, examined the doctor as PW-2, and marked 15 documents as Exs.P-1 to P-15. The driver of the bus was examined as RW-1, and no document was marked. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 25.06.2013 and awarded a compensation of Rs.1,25,400/- along with interest at the rate of 7% p.a. from the date of the petition till the date of realization and held the driver and KSRTC jointly and severally liable to pay the - 4 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 compensation and directed the Corporation to deposit the compensation amount. 7. The petitioner, dissatisfied with the quantum of compensation awarded by the Tribunal, filed this appeal. 8. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the Corporation. 9. Learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side and hence, prays to allow the appeal. 10. Per contra, the learned counsel for the Corporation submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference by this court and accordingly, 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. - 5 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 Regarding quantum of compensation: 13. There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioner. The petitioner, to prove the disability, examined the doctor as PW- 2. who has opined that he has examined the petitioner clinically and radiologically and issued the disability certificate. He has opined that the petitioner has suffered a permanent disability to the extent of 45% to the whole body, wherein the Tribunal has considered the disability at 12%, which is on the lower side. Considering the nature of injuries sustained by the petitioner, this Court reassesses the disability to whole body of the petitioner at 20%. The petitioner contended that she was a tailor and used to earn a sum of Rs.4,000/- p.m., and after the accident, the petitioner is unable to carry on the business. The Tribunal has considered the income of the petitioner at Rs.3,000/- p.m. To prove the income, the petitioner has not produced any income proof. In the absence of income proof, the notional income has to be assessed as per the schedule notified by the Karnataka State Legal Services Authority. The accident occurred in 2009. The notional income should be - 6 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 taken at Rs.5,000/- p.m. The petitioner was about 30 years old as of the date of the accident. The Tribunal has rightly applied the multiplier of 17 to the age group of the petitioner. Accordingly, the loss of future earning capacity of the petitioner is worked out as follows: Rs.5,000 x 12 x 17 x 20% = 2,04,000/- 14. Considering the evidence of PW-1 and PW-2, and the medical records, this Court reassesses the compensation under the following heads: Sl.No. HEADS AMOUNT 1. Pain and suffering Rs.40,000/- 2. Medical expenses, diet and nourishment Rs.20,000/- 3. Loss of income during laid up period Rs.15,000/- 4. Loss of future income on account of permanent physical disability Rs.2,04,000/- 5. Loss of amenities Rs.25,000/- Total Rs.3,04,000/- Less: Compensation awarded by the Tribunal Rs.1,25,400/- Enhanced compensation Rs.1,78,600/- - 7 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 15. Thus in all, the petitioner is entitled to a total compensation of Rs.3,04,000/- as against Rs.1,25,400/- i.e., to an enhanced compensation of Rs.1,78,600/-. 16. In view of the above discussion, I proceed to pass the following order: ORDER (i) The Miscellaneous First Appeal is allowed in part. (ii) The judgment and award dated 25.06.2013, passed in M.V.C. No.83/2011 by the learned Senior Civil Judge and Addl. M.A.C.T., Byadagi, is modified. (iii) The Petitioner is entitled to an enhanced compensation of Rs.1,78,600/- with interest at 6% p.a. from the date of the petition till realization. - 8 - HC-KAR NC: 2025:KHC-D:12171 MFA No. 23924 of 2013 (iv) The KSRTC Corporation is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this order. (v) The office is directed to transmit the records to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 7