- 1 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101716 OF 2015 C/W MISCELLANEOUS FIRST APPEAL NO. 102283 OF 2015 IN MFA No. 101716/2015 BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, CHIKKODI, DIST: BELAGAVI, R/BY THE AUTHORIZED SIGNATORY CHIEF LAW OFFICER. …APPELLANT (BY SRI. S. C. BHUTI, ADVOCATE) AND: NAMADEVA MUKUND POL, AGE: 44 YEARS, OCC: AGRICULTURE and LEATHER MERCHANT R/O. KOTHALI, TQ: CHIKODI, DIST: BELAGAVI. …RESPONDENT (BY SRI. U.J. HAVALDAR, ADVOCATE FOR SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY SUMMONING THE LOWER COURT RECORDS WITH RESPECT TO AWARD AND JUDGMENT PASSED IN MVC NO.863/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL. MACT, CHIKKODI. EXAMINE THE SAME AND SET ASIDE THE ORDER DATED 01.01.2015 IN THE INTEREST OF JUSTICE AND EQUITY. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.27 11:23:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 IN MFA NO. 102283/2015 BETWEEN: NAMADEV S/O. MUKUND POL, AGE: 44 YEARS, OCC: AGRICULTURE and LEATHER SELLING, R/O.KOTHALI, TQ: CHIKODI, DIST: BELAGAVI. 590 001 ... APPELLANT (BY SRI. U.J. HAVALDAR ADV. FOR SRI. SHIVARAJ S BALLOLI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER NWKSRTC CHIKODI, OWNER OF THE BUS BEARING NO. REG. NO. KA 23 F 506 ...RESPONDENT (BY SRI. S.C.BHUTI, ADVOCATE) THIS MFA FILED U/S 173(1) OF MV ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 01.01.2015 PASSED IN MVC 863/2013 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL. MACT, CHIKODI AND ENHANCE THE COMPENSATION BY ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 ORAL JUDGMENT These appeals are filed by the North West Karnataka State Road Transport Corporation (hereinafter referred to as ‘the NWKRTC’, for short) and the petitioner in MFA Nos.101716/2015 and 102283/2015, respectively, challenging the judgment and award dated 01.01.2015 passed in MVC No.863/2013 by the learned Senior Civil Judge and Additional MACT, Chikodi (hereinafter referred to as ‘the Tribunal’, for short). 2. Brief facts leading rise to the filing of these appeals are as follows: On 14.12.2012 at about 7:15 am, the petitioner and his son were proceeding on a motorcycle bearing registration No.KA.23/R.5910. When they reached near the accident spot, at that time, a bus bearing registration No.KA.23/F.507 came from the opposite direction in a rash and negligent manner, collided with the motorcycle of the petitoner. As a result, the petitioner sustained grievous injuries. Hence, - 4 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 filed a claim petition seeking a compensation for the injuries sustained by him in a road traffic accident. 3. NWKRTC filed a statement of objections denying the averments made in the claim petition and 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 his case, examined himself as PW.1, examined the Doctor as PW.2 and marked 16 documents as Exs.P-1 to P-16. In rebuttal, NWKRTC has neither examined any witness nor marked any documents. 6. The Tribunal after assessing the verbal and documentary evidence allowed the claim petition in part and awarded the compensation of Rs.2,77,000/- with interest @9% per annum from the date of petition till realization. 7. Challenging the quantum of compensation awarded by the Tribunal, both, the NWKRTC and the - 5 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 petitioner filed the appeals in MFA No.101716/2015 and 102283/2015 respectively. 8. Heard the learned counsel for the NWKRTC and the learned counsel for the petitioner. 9. The learned counsel for the NWKRTC submits that the compensation awarded by the Tribunal is on the higher side. Hence, on this ground, he prays to allow the appeal filed by the NWKRTC and to dismiss the appeal filed by the petitioner. 10. Per contra, learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side. Hence, on this ground prays to allow the appeal filed by the petitioner and to dismiss the appeal filed by the NWKRTC. 11. Perused the records and considered the submissions of the learned counsel for the parties. 12. The point that would arise for consideration in these appeals is regarding the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 13. There is no dispute regarding the occurrence of the accident due to the rash and negligent driving of the driver of the NWKRTC bus in question and the petitioner having sustained injuries in the said accident. The petitioner to prove his income has not produced any income proof. In the absence of the income proof, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka Legal Services Authority whereas the Tribunal has assessed the income at Rs.6,000/- per month which is on the lower side. The accident is of the year 2012. This Court has taken the notional income at Rs.6,500/- per month. The petitioner was aged about 42 years and the multiplier applied to his age group is 14. The petitioner examined the Doctor as PW.2, who has deposed that he has examined the petitioner clinically and radiologically and issued the disability certificate wherein he has opined that the petitioner has suffered 30% disability to the whole body but the Tribunal has taken the disability at 10% which is on the lower side. This court considering the evidence of PW.2 and the medical - 7 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 records, re-assess the disability at 13%. Thus, this Court re- assess the compensation under the following heads: Sl. No. Heads Compensation awarded by the Tribunal Rs. Compensation re-assessed by this Court Rs. 1 Pain and suffering 30,000/- 50,000/- 2 Medical expenses 65,000/- 65,000/- 3 Food, nourishment, conveyance charges 7,000/- 20,000/- 4 Loss of earning during laid up period (6500x4) 24,000/- 26,000/- 5 Loss of future earnings (6500x12x14x14%) 1,00,880/- 1,41,960/- 6 Loss of amenities 40,000/- 40,000/- 7 Future medical expenses 10,000/- 10,000/- TOTAL 2,77,000/- 3,52,960/- 14. Thus, the petitioner is entitled to total compensation of Rs.3,52,960/- as against Rs.2,77,000/-. The petitioner is entitled to enhanced compensation of Rs.75,960/-. 15. Thus, the point for consideration regarding the quantum of compesnation is answered accordingly. - 8 - HC-KAR NC: 2025:KHC-D:13515 MFA No. 101716 of 2015 C/W MFA No. 102283 of 2015 16. In view of the above discussion, I proceed to pas the following: ORDER i. MFA No.101716/2015 filed by NWKRTC is dismissed. ii. MFA No.102283/2015 is allowed. The judgment and award dated 01.01.2015 passed in MVC No.863/2013 by the learned Senior Civil Judge and Additional MACT, is hereby modified. iii. The petitioner is entitled to the enhanced compensation of Rs.75,960/- with interest at the rate of 6% per annum. iv. The NWKRTC is directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of copy of this judgment. The Registry is directed to transmit the amount and the TCR to the Tribunal forthwith. Draw the award accordingly. Sd/- (ASHOK S. KINAGI) JUDGE Kmv/ CT:ANB