- 1 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104596 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.101089 OF 2018 IN M.F.A. NO.104596 OF 2018 BETWEEN: SHRI DYAMANNA @ DYAMANNA S/O. MAREVVA MADAR, AGE: 29 YEARS, OCC: AGRICULTURE AND COOLIE NOW NIL, R/O: INAM GOVANKOPPA, TQ: SAUNDATTI, DIST: BELAGAVI, NOW RESIDING C/O. FAKIRAPPA TALLAPPA MADAR, H.NO.45, WANTAMURI COLONY, BELAGAVI-590017. …APPELLANT (BY SRI ASHOK A. NAIK, ADVOCATE.) AND: THE MANAGING DIRECTOR NWKRTC, GOKUL ROAD, HUBBALLI-580029. REPRESENTED BY ITS DIVISIONAL CONTROLLER, NWKRTC BELAGAVI DIVISION, BELAGAVI, (OWNER CUM INSURER OF KSRTC BUS NO.KA-42/F-1679 OF HALIYAL DEPOT). …RESPONDENT (BY SRI I.C.PATIL, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FIELD UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.01.2018 IN MVC Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 NO.1213/2015 PASSED BY THE X ADDITIONAL DISTRICT JUDGE AND MEMBER OF ADDITIONAL MACT, BELAGAVI, BY ENHANCING COMPENSATION, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. IN M.F.A. NO.101089 OF 2018 BETWEEN: THE MANAGING DIRECTOR, NWKRTC, GOKUL ROAD, HUBBALLI, R/BY ITS DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI, OWNER-CUM-INSURER OF KSRTC BUS BEARING NO.KA-42/F-1679, R/BY: THE CHIEF LAW OFFICER, [NWKRTC CENTRAL OFFICE, GUKUL ROAD, HUBBALLI]. …APPELLANT (BY SRI I.C.PATIL, ADVOCATE.) AND: SHRI DYAMANNA @ DYAMAPPA S/O. MAREVVA MADAR, AGE: 29 YEARS, OCC: AGRICULTURE AND COOLIE, R/O. INAM GOVANAKOPPA, TQ: SAUNDATTI, DIST: BELAGAVI, NOW RESIDING C/O. FAKIRAPPA TALLAPPA MADAR, H.NO.45, WANTAMURI COLONY, BELAGAVI. …RESPONDENT (BY SRI ASHOK A. NAIK, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 04.01.2018 PASSED IN MVC NO.1213/2015 ON THE FILE OF THE X ADDITIONAL DISTRICT JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AS THE COMPENSATION AWARDED IS EXCESSIVE AND ARBITRARY, BY ALLOWING THIS APPEAL AND ETC.,. - 3 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Both these appeals are filed challenging the judgment and award dated 04.01.2018, passed by the X Addl. District Judge and Member, Addl. MACT, Belagavi, in MVC No.1213/2015. 2. MFA No.104596/2018 is filed by the claimant seeking enhancement of compensation, whereas MFA No.101089/2018 is filed by the KSRTC challenging the entire rashness and negligence attributed on the part of the driver of the KSRTC bus. 3. Heard the arguments and perused the material placed before the Court. 4. Earlier, in MVC No.1433/2014, which is the earlier case in respect of same accident, the tribunal after appreciating the evidence on record has attributed negligence at the ratio of 25% on the rider of the motorcycle - 4 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 and 75% on the driver of KSRTC bus. The said judgment and award has attained finality before this Court in Lok Adalalth. This Court has once again appreciated the evidence on record with regard to who is responsible for the accident. Upon perusing the FIR, complaint, MVI report, spot panchanama, spot sketch and charge sheet, it is proved that the rider of the motorcycle has also contributed negligence and rashness to the accident. Therefore, considering the documentary evidence as above discussed, the rider of the motorcycle has also contributed 25% of rashness and negligence to the accident. Therefore, it is held that the rider of the motorcycle has contributed 25% rashness and negligence and driver of the KSRTC bus has contributed 75% to the accident. Accordingly the point of rashness and negligence is modified to the above extent in this case. 5. The owner and insurer of the motorcycle are not made as party. But only the KSRTC is made as respondent. Therefore, whatever compensation this Court re-determines, the claimant is entitled for 75% of the compensation from the KSRTC. - 5 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 6. From the medical evidence on record it is proved that the claimant had suffered the following injuries. Fracture bilateral (right and left nasal bone), fracture nasal septum, fracture all walls of maxillary sinus bones both sides, fracture zygomatic arch bone left side, fracture lateral wall of left orbit bone, fracture lamina payuracia. 7. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 30,000 2. Loss of income during laid up period. 21,000 3. Loss of future income or earnings. 1,14,240 4. Loss of happiness and future amenities. 25,000 5. Medical and other incidental expenses. 35,000 Total: 2,25,240 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. - 6 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 9. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.35,000/- towards loss of amenities are awarded. The compensation towards medical expenses and hospital charges is awarded at Rs.30,000/- which is as per the bills and receipts produced. Further, a sum of Rs.20,000/- is awarded towards incidental expenses like food, nourishment, travelling, attendant charges, etc.,. 10. The doctor has stated that the claimant had suffered 15% of physical disability to the whole body. Therefore, considering the evidence of the doctor and the injuries sustained by the claimant, it is appropriate to consider the functional disability at 12% and the same is taken into consideration. 11. The claimant is coolie by profession. The accident is caused on 23.10.2013. Therefore, in the absence of proof of income, the tribunal is correct in considering the notional income of Rs.7,000/- per month, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 26 years at the time of accident. Therefore appropriate - 7 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 applicable multiplier is 17. Hence, loss of future income due to disability is hereby reassessed and quantified as Rs.1,71,360/- (Rs.7,000 x 12% x 12 x 17). 12. Further, Rs.21,000/- is awarded towards loss of income during laid up period for a period of three months. 13. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000 2. Loss of amenities. 35,000 3. Medical expenses. 30,000 4. Incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 20,000 5. Loss of future earning capacity. 1,71,360 6. Loss of income during laid up period and medical treatment period. 21,000 Total: 3,27,360 Less 25% towards negligence. 81,840 Balance amount. 2,45,520 14. Therefore, the claimant is entitled for total compensation of Rs.2,45,520/- (Rs.3,27,360 minus 25%), along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,25,240/- - 8 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 awarded by the Tribunal. The KSRTC is directed to deposit the 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) Both the appeals are allowed in part. ii) The judgment and award dated 04.01.2018, passed by the X Addl. District Judge and Member, Addl. MACT, Belagavi, in MVC No.1213/2015 is modified. iii) Liability is fastened on the KSRTC as well as owner of motorcycle at the ratio of 75%:25%, respectively. iv) The claimant is entitled for total compensation of Rs.2,45,520/- (Rs.3,27,360 minus 25%), along with interest at the rate of 6% p.a. from the date of filing of the petition till - 9 - NC: 2025:KHC-D:1950 MFA No. 104596 of 2018 C/W MFA No. 101089 of 2018 realization, as against Rs.2,25,240/- awarded by the Tribunal. v) The claimant is not entitled for interest for the delayed period of 260 days in filing the appeal. vi) The KSRTC shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vii) Send back the trial Court records along with a copy of this judgment. viii) No order as to costs. ix) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 24