- 1 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS 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. 100597 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 101381 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101382 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101383 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101384 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 101385 OF 2015 IN MFA NO. 100597 OF 2015 BETWEEN: G P BASAVARAJAPPA S/O CHANNABASAPPA GOUDRA AGE: 48 YEARS, OCC: COOLIE WORK, NOW NIL, R/O. YALEBETUR, TQ: DAVANAGERE, NOW AT MOTEBENNUR, TQ: BYADGI, DIST: HAVERI. …APPELLANT (BY SRI. G.S.HULMANI, ADV) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERI DIVISION, DAVANAGERI DEPOT, DAVANAGERI TQ & DIST: DAVANAGERE. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:31.12.2013 PASSED IN MVC.NO.12/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDL. MACT, ITERNATE COURT AT BYADAGI, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 101381 OF 2015 BETWEEN: LINGAPPA S/O CHIKKAPPA NAGANUR AGE: 27 YEARS, OCC. AGRICULTURE NOW NIL, R/O. MOTEBENNUR, TQ. BYADGI, DIST. HAVERI. …APPELLANT (BY SRI. G.S.HULMANI, ADV) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERI DIVISION, DAVANAGERI DEPOT, DAVANAGERI TQ & DIST: DAVANAGERE. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:31.12.2013, PASSED IN MVC NO.14/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, ITERNATE COURT AT BYADAGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, IN MFA NO. 101382 OF 2015 BETWEEN: HANUMANTHAPPA S/O CHADNRAPPA SHAMANUR, AGE: 52 YEARS, OCC. AGRICULTURE, NOW NIL R/O CHALAGERI, TQ. RANEBENNUR DIST. HAVERI. …APPELLANT (BY SRI. G.S.HULMANI, ADV) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERI DIVISION, DAVANAGERI DEPOT, DAVANAGERI - 3 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS TQ & DIST: DAVANAGERE. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:31.12.2013 PASSED IN MVC.NO.15/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDL. MACT, ITERNATE COURT AT BYADAGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 101383 OF 2015 BETWEEN: YUVARAJ S/O RUDRAPPA TIMMAPUR AGE: 36 YEARS, OCC. COOLIE NOW NIL R/O. CHIKKERUR, TQ. HIREKERU NOW AT CHATRA, TQ. BYADGI, DIST. HAVERI. …APPELLANT (BY SRI. G.S.HULMANI, ADV) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERI DIVISION, DAVANAGERI DEPOT, DAVANAGERI TQ & DIST: DAVANAGERE. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:31.12.2013 PASSED IN MVC.NO.17/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDL. MACT, ITERNATE COURT AT BYADAGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 101384 OF 2015 BETWEEN: MALLANAGOUDA S/O SHIVANAGOUDA NAGANAGOUDRA, AGE: 37 YEARS, - 4 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS OCC. COOLIE NOW NIL R/O. DEEVAGIHALLI, TQ. HIREKERUR NOW AT KALLEDEVAR TQ. BYADGI, DIST. HAVERI. …APPELLANT (BY SRI. G.S.HULMANI, ADV) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERI DIVISION, DAVANAGERI DEPOT, DAVANAGERI TQ & DIST: DAVANAGERE. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:31.12.2013 PASSED IN MVC NO.19/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, ITERNATE COURT AT BYADAGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, IN MFA NO. 101385 OF 2015 BETWEEN: MANJULA W/O MALLANAGOUDA NAGANAGOUDRA, AGE: 37 YEARS, OCC. AGRICULTURE NOW NIL R/O. DEEVAGIHALLI, TQ. HIREKERUR NOW AT KALLEDEVAR TQ. BYADGI, DIST. HAVERI. …APPELLANT (BY SRI. G.S.HULMANI, ADV) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERI DIVISION, DAVANAGERI DEPOT, DAVANAGERI TQ & DIST: DAVANAGERE. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) - 5 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 31.12.2013 PASSED IN MVC NO.20/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER ADDL. MACT, ITERNATE COURT AT BYADAGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UDNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT These appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the petitioners being dissatisfied with the quantum of compensation awarded by the tribunal vide common judgment dated 31.12.2013 in MVC Nos. 12/2013, 14/2013, 15/2013, 17/2013, 19/2013 and 20/2013. 2. The brief facts leading rise to the filing of these appeals are as follows: On 12.09.2012 at about 10.15 hours on Ranebennur Davanagere Road, all the petitioners were proceeding in a KSRTC bus bearing registration number KA-17/F-1144. The driver of the bus drove the bus in a rash and negligent manner and caused the accident. As a result, the petitioners - 6 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS have sustained the grievous injuries. The petitioners have spent a huge amount towards the medical expenses. Hence, they have filed a separate claim petitions under Section 166 of the MV Act seeking compensation on account of the injuries sustained in the road traffic accident. Hence, prays to allow the claim petitions. 3. The respondent - Corporation filed a statement of objections denying the averments made in the claim petitions and contended that the compensation amount demanded by the petitioners are exorbitant. Hence, prays to dismiss the claim petitions filed by the petitioners. 4. The Tribunal clubbed all the claim petitions and framed the separate issues. 5. The petitioners to substantiate their case, examined themselves as PW1 to PW, examined the doctor as PW10 and marked 210 documents as Exhibits P-1 to P-210. In rebuttal, the driver of the bus was examined as RW-1 and no documents were marked. - 7 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS 6. The tribunal after assessing the verbal and documentary evidence, allowed the claim petitions in part and awarded the compensation of ₹92,100/- in MVC No.12/2013, ₹2,34,800/- in MVC No.14/2013, in MVC No.15/2013 compensation of ₹1,58,200/-, in MVC No.17/2013- compensation of ₹1,14,800/-, in MVC No.19/2013 compensation of ₹1,35,500/- and in MVC No.20/2013 compensation of ₹1,19,100/- and directed the Corporation to deposit the compensation amount with accrued interest. 7. The petitioners being dissatisfied with the quantum of compensation awarded by the Tribunal filed these appeals. 8. Heard the arguments of the learned counsel for the petitioners and the learned counsel for the Corporation. 9. Learned counsel for the petitioners submits that the petitioners have sustained the grievous injuries in the road traffic accident and they also examined the doctor as PW.10, who has opined that the petitioners have suffered a permanent disability and the Tribunal did not assess the disability properly and the compensation awarded by the - 8 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS Tribunal is on the lower side. Hence on these grounds, he prays to allow the appeals. 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. Hence, prays to dismiss the appeals. 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. Reg. Quantum of compensation: 13. It is not disputed regarding the occurrence of accident and injuries sustained by the petitioners. The accident occurred due to the rash and negligent driving of the driver of the bus in question. The petitioners have produced the charge sheet marked as Ex.P5, which discloses that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. Though the petitioners have - 9 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS contended that they are doing agricultural work, but to substantiate their contention, the petitioners have not produced any proof of income. In the absence of income proof, the notional income has to be assessed as per the schedule notified by Karnataka State Legal Services Authority. The accident is of the year 2012. As per the schedule notified by the Karnataka State Legal Services Authority, the income has to be assessed at ₹6,500/-. Accordingly this Court assessed the monthly income of the petitioners at ₹ 6,500/-. In MVC No. 12/2013: 14. The petitioners have also examined the doctor as PW.10, who has deposed that the petitioner in MVC No.12 of 2013 has suffered 20% permanent disability, wherein the tribunal has assessed the disability at 6% which is on the lower side. This court reassessed the disability at 10%. The petitioner was aged about 46 years. The multiplier applied to his age group is ‘13’ as per the law laid down by the Hon’ble Apex Court in the case of Sarla Verma and others v. Delhi Transport Corporation, reported in (2009) 6 SCC 121. - 10 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS 15. Considering the evidence of PW.10, this court reassessed the compensation in MVC No.12/2013, under the following heads: Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 25,000/- 35,000/- 2 Medical expenses, Diet Nourishment and Attendant charges 10,000/- 15,000/- 3 Loss of income during laid up period 5,000/- 13,000/- (6,500 x 2) 4 Loss of future income on account of permanent physical disability 42,120/- 1,01,400/- (6,500X12X 13X10%) 5 Loss of amenities and enjoyment of life 10,000/- 25,000/- Total : 92,100 1,89,400/- Compensation enhanced by: 97,300/- 16. Thus, the petitioner in MVC No.12/2013 is entitled to a total compensation of ₹1,89,400/- as against the compensation awarded by the Tribunal at ₹92,100/- Thus, the petitioner is entitled to an enhanced compensation of ₹97,300/-. - 11 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS In in MVC No.14/2013: 17. The petitioner was aged about 25 years as of the date of the accident. The multiplier applied to his age group is ‘17’. The doctor- PW.1 has opined that the petitioner has suffered a disability to the extent of 45% to the whole body, wherein the tribunal assessed the disability at 15%, which is on lower side. This Court reassessed the disability at 20%. Thus, this court reassessed the compensation in MVC No.14/2013, under the following heads: Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 30,000/- 40,000/- 2 Medical expenses, Diet Nourishment and Attendant charges 37,000/- 50,000/- 3 Loss of income during laid up period 12,000/- 13,000/- (6,500 x 2) 4 Loss of future income on account of permanent physical disability 1,45,800/- 2,65,200/- (6,500X12X 17X20%) 5 Loss of amenities and enjoyment of life 10,000/- 25,000/- Total : 2,34,800/- 3,93,200/- Compensation enhanced by: 1,58,400/- - 12 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS 18. Thus, the petitioner in MVC No.14/2013 is entitled to a total compensation of ₹3,93,200/- as against the compensation awarded by the Tribunal at ₹2,34,800/- Thus, the petitioner is entitled to an enhanced compensation of ₹1,58,400/-. In MVC No.15/2013: 19. The petitioner was aged about 50 years as of the date of incident, the multiplier applied to his age group is ‘13’. The doctor has opined that the petitioner has suffered a permanent disability to the extent of 40%, wherein the trial has assessed the disability at 12%, which is on the lower side. This court reassessed the disability at 18% and reassessed the compensation in MVC No.15/2013, under the following heads: Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 30,000/- 40,000/- 2 Medical expenses, Diet Nourishment and Attendant charges 22,000/- 35,000/- 3 Loss of income during laid up period 12,000/- 13,000/- (6,500 x 2) 4 Loss of future income on 84,240/- 1,82,520 - 13 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS account of permanent physical disability (6,500X12X1 3X18%) 5 Loss of amenities and enjoyment of life 10,000/- 25,000/- Total : 1,58,200/- 2,95,520 Compensation enhanced by: 1,37,320/- 20. Thus, the petitioner in MVC No.15/2013 is entitled to a total compensation of ₹2,95,520/- as against the compensation awarded by the Tribunal at ₹1,58,200/- Thus, the petitioner is entitled to an enhanced compensation of ₹1,37,320/-. In MVC No.17/2013: 21. The petitioner was aged about 34 years as of the date of the accident and the multiplier applied to his age group is ‘16’. The PW.10 has opined that the petitioner has suffered a permanent disability to the extent of 35%, wherein the tribunal has assessed the disability at 6% which is on the lower side. This court reassessed the disability at 11%. 22. This court reassessed the compensation in MVC No.17/2013, under the following heads: - 14 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 30,000/- 40,000/- 2 Medical expenses, Diet Nourishment and Attendant charges 14,000/- 25,000/- 3 Loss of income during laid up period 9,000/- 13,000/- (6,500 x 2) 4 Loss of future income on account of permanent physical disability 51,840/- 1,37,280/- (6,500X12X 16X11%) 5 Loss of amenities and enjoyment of life 10,000/- 25,000/- Total : 1,14,800/- 2,40,280/- Compensation enhanced by: 1,25,480/- 23. Thus, the petitioner in MVC No.17/2013 is entitled to a total compensation of ₹2,40,280/- as against the compensation awarded by the Tribunal at ₹1,14,800/- Thus, the petitioner is entitled to an enhanced compensation of ₹1,25,480/-. In MVC No.19/2013: 24. The petitioner was aged about 35 years as of the date of the accident and the multiplier applied to his age group is ‘16’. The doctor has opined that the petitioner has - 15 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS suffered a permanent disability to the extent of 25%, wherein the tribunal has assessed the disability at 8% which is just and proper and do not call for any interference. 25. Thus, this court reassessed the compensation in MVC No.19/2013, under the following heads: Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 30,000/- 40,000/- 2 Medical expenses, Diet Nourishment and Attendant charges 25,000/- 35,000/- 3 Loss of income during laid up period 10,000/- 13,000/- (6,500 x 2) 4 Loss of future income on account of permanent physical disability 60,480/- 99,840/- (6,500x12x 16x8%) 5 Loss of amenities and enjoyment of life 10,000/- 20,000/- Total : 1,35,500/- 2,07,840/- Compensation enhanced by: 72,340/- 26. Thus, the petitioner in MVC No.19/2013 is entitled to a total compensation of ₹2,07,840/- as against the - 16 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS compensation awarded by the Tribunal at ₹1,35,500/- Thus, the petitioner is entitled to an enhanced compensation of ₹ 72,340/-. In MVC No.20/2013: 27. The petitioner was aged above 35 years as of the date of accident and the multiplier applied to his age group is ’16. The petitioner examined the doctor as PW-10, who has opined that the petitioner has suffered permanent disability at 25%, wherein the tribunal has assessed the disability at 8%. Admittedly, PW.10 is not a treated doctor. The tribunal was justified in assessing the permanent disability at 8% which is just and proper. I concur with the assessment of permanent disability at 8%. Considering the nature of injuries sustained by the petitioner, this court reassessed the compensation in MVC No.20/2013 under the following heads: Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 30,000/- 40,000/- 2 Medical expenses, Diet 25,000/- 35,000/- - 17 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS Nourishment and Attendant charges 3 Loss of income during laid up period 8,000/- 13,000/- (6,500 x 2) 4 Loss of future income on account of permanent physical disability 46,080/- 99,840/- (6,500x12x 16x8%) 5 Loss of amenities and enjoyment of life 10,000/- 20,000/- Total : 1,19,100/- 2,07,840/- Compensation enhanced by: 88,740/- 28. Thus, the petitioner in MVC No.20/2013 is entitled to a total compensation of ₹2,07,840/- as against the compensation awarded by the Tribunal at ₹1,19,100/- Thus, the petitioner is entitled to an enhanced compensation of ₹88,740/-. 29. In view of the above discussion, I proceed to pass the following order: ORDER i. The Miscellaneous First Appeals are allowed in part. ii. The common judgment and award passed by the tribunal is hereby modified. - 18 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS iii. The petitioners in MFA No.100597/2015 is entitled for enhanced compensation of ₹97,300/-, in MFA No.101381/2015 is entitled for enhanced compensation of ₹1,58,400/-. In MFA No.101382/2015 is entitled for enhanced compensation of ₹1,37,320/-. In MFA No.101383/2015 is entitled for enhanced compensation of ₹1,25,480/-. In MFA No.101384/2015 is entitled for enhanced compensation of ₹72,340/- and in MFA No.101385/2015 is entitled for enhanced compensation of ₹88,740/- with interest @ 7% per annum from the date of petition till realisation of the amount. iv. The Corporation is directed to deposit the entire compensation amount with accrued interest within 8 weeks from the date of receipt of copy of this judgment. v. In MFA No.100597/2015, the petitioner is not entitled for interest for delayed period of 309 days. In MFA No.101381/2015, the petitioner is not entitled for interest for delayed period of 392 days. In MFA No.101383/2015, the petitioner is not entitled for interest for delayed period of 388 days. In MFA No.101382, 101384 and - 19 - HC-KAR NC: 2025:KHC-D:12181 MFA No. 100597 of 2015 C/W MFA No. 101381 of 2015 MFA No. 101382 of 2015 AND 3 OTHERS 101385/2015, the petitioner is not entitled for interest for delayed period of 375 days. vi. The amount in deposit, if any, and the trial Court records be transmitted to the Tribunal. Sd/- (ASHOK S. KINAGI) JUDGE SKS CT: BSB List No.: 1 Sl No.: 24