- 1 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22412 OF 2013 (MV) BETWEEN: SMT. GOURAWWA W/O. AMATEPPA GANI, AGE: 56 YEARS, OCC: COOLIE, NOW NIL, R/O: C/O: SURESH TELI, ASHOK NAGAR, M.M. EXTENSION, BELAGAVI. …APPELLANT (BY SRI HANAMANT R. LATUR, ADVOCATE.) AND: THE DEPUTY GENERAL MANAGER, N.W.K.R.T.C. GOKUL ROAD, HUBLI, REPRESENTED BY ITS DIVISIONAL CONTROLLER, N.W.K.R.T.C., BELAGAVI DIVISION, BELAGAVI. …RESPONDENT (BY SMT. VEENA HEGDE, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 25.03.2013, PASSED BY IV ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE (PCA), BELAGAVI, IN MVC NO.834/2012 AND FIX THE ENTIRE NEGLIGENCE ON RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 25.03.2013, passed by the IV Additional District and Sessions Judge and Special Judge (PCA), Belagavi, in MVC No.834/2012, 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. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Type III compound comminuted fracture of left tibia and fibula, type I compound fracture of right tibia and fibula, digloving injury over left popliteal fosse and other two simple injuries.” - 3 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Conveyance, attendant charges, nourishment, food, etc.,. 10,000 3. Loss of amenities, expectancy of life. 10,000 4. Loss of towards laid up period. 6,000 5. Loss of future income. 18,000 6. Medical expenses. 1,84,500 7. Future medical expenses. 10,000 Total: 2,88,500 Less: 30% towards contributory negligence. 86,550 Total: 2,01,950 6. 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. 7. Considering the injuries sustained, a compensation of Rs.70,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. The compensation of Rs.1,84,500/- awarded by the tribunal towards medical expenses and hospital charges is as per the - 4 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 actual bills and receipts; therefore, the same is kept intact. Further, Rs.25,000/- towards incidental expenses like food, nourishment, travelling, attendant charges, etc., is awarded. 8. In the present case, the claimant has suffered fracture of Type III compound comminuted fracture of left tibia and fibula, type I compound fracture of right tibia and fibula and other injuries. The tribunal has committed error in considering the functional disability at 10% only. The doctor has stated that the claimant has suffered 45% of permanent physical disability towards left lower limb and 40% to the right lower limb. Therefore, considering the claimant has suffered fractural injuries above stated, it is just and proper to take 20% of functional disability. Considering the factor that the claimant is a coolie by profession, loss of earning capacity due to disability is required to be reassessed. 9. The accident is caused on 07.09.2011. Therefore, in the absence of proof of income, notional income of Rs.6,000/- per month is to be taken into consideration, for the year 2011, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 65 years old - 5 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 at the time of accident. Therefore appropriate applicable multiplier is 7. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,00,800/- (Rs.6,000 x 20% x 12 x 7). 10. Further, Rs.30,000/- is awarded towards loss of income during laid up period and treatment period for a period of five months and a compensation of Rs.20,000/- is awarded towards future medical expenses, considering the injuries sustained by the claimant. 11. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 70,000 2. Medical expenses. 1,84,500 3. Loss of amenities. 40,000 4. Loss of income during laid up period and medical treatment period. 30,000 5. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 25,000 6. Loss of future earning capacity. 1,00,800 Total: 4,50,300 - 6 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 12. Therefore, the claimant is entitled for total compensation of Rs.4,50,300/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against the compensation of Rs.2,01,950/- awarded by the Tribunal. 13. In this case, the accident is between the NWKRTC bus and the motorcycle. The tribunal has attributed negligence of 30% on the rider of the motorcycle. But the entire allegation is made against the NWKRTC bus driver. Charge sheet is filed against the NWKRTC bus driver. The spot sketch shows that the bus has come to the wrong side and hit the motorcycle. Therefore, just because three persons were riding on the motorcycle, that cannot always be said that the rider of the motorcycle has attributed negligence. Therefore, the tribunal is not correct in fastening contributory negligence of 30% on the rider of the motorcycle. Therefore, attributing 30% of contributory negligence on the rider of the motorcycle is hereby set aside. Therefore, the driver of the NWKRTC bus is completely rash and negligent in driving the bus in causing the accident. - 7 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 Therefore, the respondent NWKRTC shall pay the entire compensation re-determined in this appeal. 14. Therefore, the respondent NWKRTC is directed to deposit the entire compensation within eight weeks from the date of receipt of a certified copy of this judgment. 15. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 25.03.2013, passed by the IV Additional District and Sessions Judge and Special Judge (PCA), Belagavi, in MVC No.834/2012, is modified. iii) The claimant is entitled for total compensation of Rs.4,50,300/- along with interest at the rate of 6% p.a. from the date of petition till its realization. - 8 - NC: 2025:KHC-D:3609 MFA No. 22412 of 2013 iv) The respondent NWKRTC shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send back the trial Court records along with a copy of this judgment. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 18