- 1 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102245 OF 2020 (MV-I) BETWEEN: RAVINDRA PARASHARAM KAMBALE, AGE: 30 YEARS, OCC: HELPER UNDER MEDICAL PRACTITIONER, R/O: AMROLI, TQ: CHANDAGAD, DIST: KOLHAPUR, NOW R/O: VENKATESH NAGAR, MUTAGA, TQ: AND DIST: BELAGAVI, (SINCE LOST HIS SPEECH, MEMORY IN ACCIDENT, REP. BY HIS NEXT FRIEND WIFE) GAYATRI W/O. RAVINDRA KAMBALE, AGE: 27 YEARS, OCC: NIL, R/O: VENKATESH NAGAR, MUTAGA, TQ. AND DIST: BELAGAVI-591124. …APPELLANT (BY SRI VITTHAL S.TELI, ADVOCATE.) AND: THE DIVISIONAL MANAGER, NWKRTC, CENTRAL BUS STAND, BELAGAVI-590001. …RESPONDENT (BY SRI KINI N.S., ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.10.2019, PASSED IN Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 MVC NO.766/2017, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, IN AWARDING THE COMPENSATION OF RS.6,28,000/- WITH 9% INTEREST FROM THE DATE OF PETITION, BY ENHANCING TO RS.33,72,000/- WITH 18% INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present appeal is filed by the claimant challenging the judgment and award dated 04.10.2019, passed in MVC No.766/2017, by the Court of Principal Senior Civil Judge and Additional MACT, Belagavi1, seeking for enhancement in the quantum of compensation. 2. The parties will be referred to as per their ranking before the Tribunal, for the sake of convenience. 3. The relevant facts in brief are that on 03.02.2017 the claimant was travelling on his motorcycle from Mutaga village towards Belagavi, when a KSRTC bus came in a rash 1 Hereinafter referred to as ‘the Tribunal’ - 3 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 and negligent manner and hit the motorcycle of the claimant causing the accident in question, wherein he suffered grievous injuries. Claiming compensation for the same, the claimant instituted claim proceedings through his wife as next friend arraying the owner of the bus as the respondent. The respondent contested the claim proceedings. The tribunal by its judgment and award dated 04.10.2019, partly allowed the claim petition and awarded a total compensation of Rs.6,28,000/-. Being aggrieved, the present appeal is filed for enhancement of compensation. 4. The finding of the tribunal on negligence and liability is not challenged and has attained finality. 5. Learned counsel Sri Vitthal S. Teli, appearing for the appellant/claimant contends that the percentage of disability assessed is on lower side and further contended that compensation on other heads is on lower side. 6. Per contra, learned counsel Sri Kini N.S., appearing for the respondent justifies the compensation awarded by the tribunal. - 4 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 7. The submissions of both the learned counsels have been considered and the material on record including the records of the Tribunal have been perused. 8. The wound certificate (Ex.P.8) and discharge summaries (Ex.P.13 and P.14) disclose that the claimant sustained injuries to his head and face including inter cranial haemorrhage, multiple skull bone fracture. He also sustained fracture of tibia and fibula of the left leg as well as fracture of left ankle joint. The claimant was treated as inpatient from 03.02.2017 to 23.02.2017 and again on 12.06.2017. Hence he was treated as in patient for a total period of 21 days. PW.2 a consultant ENT was examined who has deposed that the claimant is suffering from moderate to severe permanent hearing loss on the left side between 60-80%. PW.3 an orthopaedic surgeon and traumalogist has deposed that the claimant has suffered permanent physical disability of 40% to the left lower limb. PW.4 has assessed the disability of claimant and issued disability certificate (Ex.P.22), wherein the disability of claimant has been assessed as 20-25% of the whole body. The tribunal after appreciating the material - 5 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 on record has assessed the whole body disability at 25%. Having regard to the fact that the claimant has sustained fractures of skull and also other head injuries, hearing loss on the left side to the extent of 60-80%, as well as fractures of tibia, fibula of the left leg as well as fracture of left ankle joint and the fractures on the left leg are malunited resulting in restriction in movement of the left leg apart from difficulty in walking, climbing stairs, etc., it is just and proper the disability to be reassessed as 28% to the whole body. 9. The claimant has deposed that he is a medical practitioner at various medical clinics and is having a monthly income of Rs.15,000/- per month. Certificate (Ex.P.17) has been issued stating that the claimant was being paid Rs.10,000/- per month as monthly remuneration. However, no witness is examined to prove the same. The tribunal has assessed the income of the claimant as Rs.7,500/- per month. Since no other documents have been produced to demonstrate the income of the claimant, having regard to the date of accident and the chart specifying the notional income followed for settlement of cases by the - 6 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 Karnataka State Legal Services Authority, the monthly income of the claimant is reassessed as Rs.10,250/-. 10. Having regard to the aforementioned, the compensation is re-assessed as follows: (i). Keeping in mind the nature of injuries sustained, a sum of Rs.50,000/- is awarded towards pain and suffering as against Rs.25,000/- awarded by the tribunal; (ii). Keeping in mind the nature of injuries sustained and the resultant disability, a compensation of Rs.50,000/- is awarded towards loss of amenities as against Rs.25,000/- awarded by the tribunal; (iii). Having regard to the period of treatment as inpatient, a sum of Rs.25,000/- is awarded towards food, nourishment, conveyance and attendant charges; (iv). The laid up period is taken as four months and accordingly a sum of Rs.41,000/- (Rs.10,250/- x 4 months) is awarded towards loss of income during the period of treatment as against Rs.7,500/- awarded by the tribunal; - 7 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 (v). The tribunal has awarded medical expenses in a sum of Rs.2,10,465/- which is just and proper; (vi). The compensation towards loss of future earning capacity is re-assessed as Rs.5,51,040/- (Rs.10,250/- (income) x 12 (months) x 16 (multiplier) x 28% (disability) as against Rs.3,60,000/- awarded by the tribunal. 11. In view of the aforementioned, the compensation is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (₹) Amount awarded by this Court (₹) 1. Loss of future income. 3,60,000 5,51,040 2. Pain and suffering. 25,000 50,000 3. Loss of amenities. 25,000 50,000 4. Medical expenses. 2,10,465 2,10,465 5. Loss of income during treatment period. 7,500 41,000 6. Food, nourishment, attendant charges, conveyance, etc., - 25,000 Total: 6,27,965 9,27,505 12. Hence, the claimant is entitled to enhanced compensation of Rs.2,99,540/- (Rs.9,27,505/- minus Rs.6,27,965/-), rounded of to Rs.3,00,000/-. - 8 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 13. The tribunal has awarded interest @ 9% p.a. However taking judicial notice of the interest paid on fixed deposits, the enhanced compensation shall be paid along with interest at the rate of 7% p.a. 14. Hence, the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 04.10.2019, passed in MVC No.766/2017, by the Court of Principal Senior Civil Judge and Additional MACT, Belagavi, is modified to the extent of holding that the claimant shall be entitled to a further compensation of Rs.3,00,000/- together with interest @ 7% p.a. from the date of petition till the date of payment, in addition to the compensation awarded by the tribunal. iii) The respondent shall deposit the compensation within four weeks from the date of receipt of a copy of this judgment. - 9 - NC: 2025:KHC-D:5578-DB MFA No. 102245 of 2020 iv) The judgment and award of the tribunal on all other aspects remain unaltered. v) Modified award to be drawn accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 18