- 1 - NC: 2025:KHC-D:3106-DB MFA No. 102577 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.102577 OF 2023 (MV-I) BETWEEN: SMT. ANJUM RAEES MULLA AGE. 44 YEARS, OCC. BUSINESS NOW NIL, R/O. PLOT NO.1, MARUTI COLONY, SHAHUNAGAR, BELAGAVI 590010. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. M/S. SRS TRAVELS PROPRIETOR-K.T. RAJASHEKAR, NO.65, JOGARADODDI, BIDADI, INDUSTRIAL AREA, RAM NAGAR 562159, (OWNER OF ASHOK LEYLAND SLEEPER COACH BUS BEARING NO.KA-42/A-5836) 2. THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI-590001. (INSURER OF ASHOK LEYLAND SLEEPER COACH BUS BEARING NO.KA-42/A-5836) …RESPONDENTS (BY SMT. PREETHI SHASHANK, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT 1988, AGAINST JUDGMENT & AWARD DT.05.01.2023 PASSED IN MVC 688/2019 ON THE FILE OF II ADDL. DIST. JUDGE & MACT, BELAGAVI, PARTLY ALLOWING CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3106-DB MFA No. 102577 of 2023 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the claimant who is rendered quadriplegic because of the injury suffered in the road accident and she has preferred this appeal against the judgment and award dated 05.01.2023 in M.V.C. No.688/2019 on the file of the II Additional District Judge and M.A.C.T., Belagavi [for short, ‘the Tribunal’]. The Tribunal has awarded a total sum of Rs.33,63,700/- along with interest at the rate of 6% per annum under the following heads. Sl.No. Particulars Amount (in Rs.) 1. Loss of income due to permanent disability 25,04,175 2. Pain and suffering 1,00,000 3. Towards Medical expenses 4,69,526 4. Loss of amenities 50,000 5. Attendant charges 2,00,000 6. Transportation, food and extra nourishment 40,000 Total 33,63,701 This Court must observe that there is no dispute that the Claimant is entitled for compensation and that the second respondent, the Insurer of a sleeper bus [the coach], is liable to - 3 - NC: 2025:KHC-D:3106-DB MFA No. 102577 of 2023 pay just and reasonable compensation to indemnify the owner of the coach inasmuch as the Tribunal’s award is satisfied. 2. Smt. Geetha K.M., the learned counsel for the Claimant, submits that this Court’s indulgence is sought on enhancement under two grounds, [a] the Claimant’s disability that is assessed by the Tribunal, and [b] the amounts awarded towards attendant charges and loss of amenities / pain and sufferings. The learned counsel submits that it is indisputable, in the light of the Doctor’s evidence, that the Claimant has suffered loss of mobility in both legs and control over her bowel and bladder and she is confined to bed because of the injuries to her spine, and therefore, the Tribunal could not have taken the claimant’s disability at 90%. 3. As against these submissions, Smt. Preethi Shashank, the learned counsel for the Insurer, submits that in the light of the Doctor’s evidence that the Claimant can recover if she is administered continuous physiotherapy, there need not be any interference with the Tribunal’s finding on the disability. However, this Court is not persuaded by this submission. If the Claimant is rendered paraplegic [as is borne out by the Doctor’s evidence] with loss of control over bowel and bladder and - 4 - NC: 2025:KHC-D:3106-DB MFA No. 102577 of 2023 confined to bed, it is just and reasonable to infer that she suffers 100% disability and she will depend on somebody throughout her life even to attend her everyday needs. In which event, the functional disability must be assessed at 100%. If the disability is assessed accordingly keeping the other parameters the same viz., monthly income at Rs.13,250/- with addition of 25% thereof towards future prospects applying a multiplier of 14, the Claimant will be entitled to addition of Rs.2,78,241/-. Annual Income [Rs.13,250 X 12] Rs.1,59,000/- Addition towards Future prospects 25% Income with future prospects Rs.1,98,750/- Multiplier 14 Loss of future income Rs.27,82,500/- Amount awarded by Tribunal Rs.25,04,175/- Enhanced loss of future income Rs.2,78,325/- 4. The Tribunal has granted a global sum of Rs.2,00,000/- towards attendant charges opining that the Claimant will have internal catheterization and will have to undergo multiple surgeries and constant physiotherapy, which means that she would always require an attendant. The sufficiency of this amount must be assessed in the light of these factors as also the cost that will have to be incurred if there is to be a daily attendant to look after the Claimant. This Court is of the view that it would be reasonable to opine that the Claimant - 5 - NC: 2025:KHC-D:3106-DB MFA No. 102577 of 2023 cannot get any attendant unless she pays a minimum of Rs.5,000/- per month but considering the fact that the entire amount is being paid upfront which will also yield some interest, it would be just and fair to award a total sum of Rs.4,00,000/- including the amount of Rs.2,00,000/- awarded by the Tribunal. 5. The Tribunal has awarded Rs.1,00,000/- and Rs.50,000/- towards pain and sufferings and loss of amenities with just and reasonable compensation under other heads, there can only be nominal enhancement under these two heads and for ensuring that there is reasonable amount, the compensation under these two heads is enhanced by a sum of Rs.25,000/-. The details of the compensation are as follows: By the Tribunal By this Court Loss of income due to permanent disability Rs.25,04,175/- Rs.27,82,500/- Pain and suffering Rs.1,00,000/- Rs.1,12,500/- Towards medical expenses Rs.4,69,526/- Rs.4,69,526/- Loss of amenities Rs.50,000/- 62,500/- Attendant charges Rs.2,00,000/- Rs.4,00,000/- Transportation, food and extra nourishment Rs.40,000/- Rs.40,000/- - 6 - NC: 2025:KHC-D:3106-DB MFA No. 102577 of 2023 Total Rs.33,63,701/- Rs.38,67,026/- Enhanced Rs.5,03,325/- Rounded off to Rs.5,03,000/- For the afore reasons, the following: ORDER [a] The appeal is allowed in part modifying the Tribunal’s judgment and award granting an additional compensation of Rs.5,03,000/- along with interest at 6% per annum from the date of petition till the date of payment. [b] The Insurer shall deposit this amount within a period of [6] six weeks from today. [c] The Registry is directed to draw award accordingly and transmit the records expeditiously. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 44