- 1 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 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.102017 OF 2018 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.103444 OF 2018 IN M.F.A. NO.102017 OF 2018 (MV-I) BETWEEN: SMT. HAMSA A.S. W/O. M. SHIVAMURTHY, AGE: 44 YEARS, OCC: EX-TAILOR, R/O. OLD MUNICIPAL OFFICE ROAD, MILLERPET, BALLARI-583101. …APPELLANT (BY SRI MANJUNATHA G.PATIL, ADVOCATE.) AND: THE DIVISIONAL CONTROLLER KSRTC, DAVANAGERE DIVISION, DAVANAGERE, OWNER OF THE KSRTC BUS BEARING REGN. NO.KA-17/F-1632 AND KA-17/F-1281. …RESPONDENT (BY SRI S.C. BHUTI, ADVOCATE FOR SOLE RESPONDENT.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION FROM RS.7,63,800/- TO RS.15,00,000/- IN MVC NO.1317/2016 DATED 26.02.2018 ON FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 IN M.F.A. NO.103444 OF 2018 BETWEEN THE DIVISIONAL CONTROLLER, K.S.R.T.C., DAVANAGERE, DIVISION DAVANAGERE-577001, OWNER OF THE KSRTC BUS BEARING REGN.NO.KA.17/F.1632 AND KS.17/F.1281, REPRESENTED BY ITS CHIEF LAW OFFICER. ...APPELLANT (BY SRI S.C. BHUTI, ADVOCATE.) AND SMT. HAMSA A.S. W/O. M. SHIVAMURTHY, AGED: 44 YEARS, OCC: EX-TAILOR, R/O: OLD MUNICIPAL OFFICE ROAD, MILLERPET, BALLARI-583101. …..RESPONDENT (BY SRI MANJUNATH G.PATIL, ADVOCATE.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO MODIFY/SET ASIDE THE JUDGMENT AND AWARD IN MVC NO.1317/2016 DATED 26.02.2018 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, AT BALLARI THE QUANTUM OF AWARD AMOUNT, WHICH IS AT HIGHER SIDE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for orders, with consent of learned counsel for the parties, they are taken up for final disposal. 2. MFA No.102017/2018 is filed by the claimant seeking enhancement of compensation, whereas MFA No.103444/2018 is filed by the Corporation challenging the quantum of compensation, being aggrieved by the judgment and award dated 26.02.2018 passed in MVC No.1317/2016 on the file of Motor Accident Claims Tribunal-XII, Ballari (hereinafter referred to as the ‘Tribunal’). 3. Heard the arguments and perused the material placed before the Court. 4. Brief facts of the case are that on 24.12.2015 at about 9.10 p.m., the claimant was travelling in the KSRTC Bus bearing registration No.KA.17/F.1281 from Shimoga to Bengaluru, which was driven by its driver slowly, cautiously and on proper side of the road and at about 12.20 a.m., in - 4 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 the mid-night, when the said bus was proceeding at NH-206 road near Konehalli Siddapura Gate on Shimoga - Bengaluru road, at that point of time, the driver of another KSRTC bus bearing registration No.KA.17/F.1632 came from opposite direction in rash and negligent manner with high speed and dashed against the claimant’s bus. As a result of said accident, the claimant sustained injuries and she was immediately shifted to hospital at Thiptur, wherein, she was admitted as an inpatient from 25.12.2015 to 28.12.2015. Thus, filed claim petition seeking compensation. 5. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “1. Fracture of distill 1/3rd shaft of right humorous. 2. Fracture of 1/3rd shaft right ulna.“ 6. The Tribunal has awarded compensation under various heads as under: - 5 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 30,000/- 2. Towards medical expenses, surgery and treatment. 3,16,000/- 3. Towards food, nourishment, conveyance and attendant charges. 30,000/- 4. Towards loss of income during the period of hospitalization and treatment. 30,000/- 5. Towards loss of amenities 20,000/- 6. Towards loss of future income 3,52,800/- Total: 7,78,800/- 7. Considering the nature of injuries sustained, compensation awarded by Tribunal under various heads is lesser side and the amount of compensation awarded under the head of loss of future income due to disability is to be is to be re-determined by adopting correct parameters. Therefore, the same is required to be enhanced by modifying the judgment and award. 8. In a road traffic accident occurred on 24.12.2015, the appellant sustained fracture of distal 1/3rd shaft of right humorous and fracture of 1/3rd shaft right ulna. In order to prove the claim, the injured entered witness box and examined one doctor as PW.2, who has issued Disability - 6 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 Certificate at Ex.P80 by assessing the disability of the claimant at 50% as permanent disability. The Tribunal has considered functional disability at 35%, which is on higher side. This Court on appreciation of oral testimony of PW.2 and keeping in mind Ex.P5-Wound Certificate, Ex.P78 and Ex.P79-Discharge Summaries and Ex.P80-Disability Certificate, is of the considered view that it would be just and appropriate to assess the disability of the appellant/claimant at 17% as functional disability, which comes to 1/3rd of 50% of permanent disability as stated by the Tribunal. Admittedly, the appellant/claimant has not placed any evidence with regard to the income. Hence, this Court assesses the notional income of the appellant/claimant at Rs.8,000/- per month, placing reliance on notional income chart prepared by the Karnataka State Legal Service Authority. The appellant was 42 years at the time of accident. Therefore, the appropriate multiplier is 14. Hence, the appellant is entitled to compensation under the head of loss of future income due to disability is reassessed as under: - 7 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 Rs.8,000 x 12 x 14 x 17% = Rs.2,28,480/- 9. However, the Tribunal has awarded compensation of Rs.3,16,000/- towards medical expenses, surgery and treatment. But husband of the claimant is working in the Karnataka State Reserve Police and he has got reimbursed the medical bills, which fact is not in dispute. The only amount not reimbursed is Rs.27,500/-. Therefore, the claimant is entitled to Rs.27,500/- towards medical expenses, surgery and treatment as per the actual bills and receipts produced. Considering the injuries sustained, a compensation of Rs.40,000/- towards pain and suffering, Rs.40,000/- towards loss of amenities are awarded. Further, Rs.40,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and Rs.40,000/- (8,000 x 5 months) towards loss of income during laid up period for a period of 5 months, is awarded. 10. Thus, the claimant is entitled for total compensation under various heads as under: - 8 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 Sl. No. Heads. Amount in (Rs.) 1. Towards pain and suffering. 40,000/- 2. Towards medical expenses, surgery and treatment. 27,500/- 3. Towards food, nourishment, conveyance and attendant charges. 40,000/- 4. Towards loss of income during the period of hospitalization and treatment. 40,000/- 5. Towards loss of amenities 40,000/- 6. Towards loss of future income 2,28,480/- Total: 4,15,980/- 11. Thus, the appellant/claimant is entitled to total compensation of Rs.4,15,980/- as against Rs.7,78,800/- awarded by the Tribunal. 12. In the result, I proceed to pass the following: ORDER a) Both the appeals are allowed in part. b) The judgment and award dated 26.02.2018 passed in MVC No.1317/2016 on the file of Motor Accident Claims Tribunal-XII, Ballari is modified to an extent that the appellant/claimant is entitled to total compensation of - 9 - NC: 2025:KHC-D:1929 MFA No. 102017 of 2018 C/W MFA No. 103444 of 2018 Rs.4,15,980/- as against Rs.7,78,800/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. d) The appellant-Corporation shall deposit the compensation amount with accrued interest before the Tribunal within eight weeks from the date of receipt of certified copy of this judgment. e) The amount in deposit, if any, shall be transmitted to the Tribunal forthwith. f) Draw modified award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 2