- 1 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 103541 OF 2019 (MV-I) BETWEEN: 1. SRI. SUGALI SREENIVASALU NAIK @ P. SREENIVASULU S/O. NARAYANA NAIK AGE: 25 YEARS, OCC: STUDENT, R/O: BOMMAGANIPPALI VILLAGE/THANDA, BRAMHASAMUDRAM MANDAL, NOW R/AT. HONAHALLI THANDA, BALLAR TALUK & DISTRICT-583101. …APPELLANT (BY SRI. S.M. KALWAD, ADV) AND: 1. SHAIK ANIL SINHA S/O. IMAM SAB AGE: 39 YEARS, BADGE NO.11675 DRIVER OF APSRTC BUS BEARING NO.AP-11/Z-5354, KALYANDURG DEPOT, R/O: R.S.ROAD, TANAKAL, KALYANDURG-510051. 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, BY ITS CONTROLER AND MD, REGIONAL MANAGER, KALYANDURG DEPOT, ANANTHPUR DIVISION, ANANTPUR, ANDHRA PRADESH-510051. …RESPONDENTS (BY SRI. A.S.R. NOMAZI, ADV FOR R2, NOTICE TO R1 IS DISPNESED WITH) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 30.01.2019 PASSED IN MVC NO.183/2015 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND MEMBER, MACT NO.V, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.30 12:21:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This appeal is filed by the petitioner being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 30.01.2019 passed in MVC No.183/2015 by the learned I Addl. Senior Civil Judge and MACT-V, Ballari (‘the Tribunal’ for short). 2. Brief facts leading rise to the filing of this appeal are as follows: The petitioner met with an accident on 02.08.2011 at about 12:00 p.m. at the time of getting down from the bus bearing Reg.No.AP-11/Z-5354, wherein the driver of the bus suddenly drove the bus in a rash and negligent manner, as a result of which, the petitioner fell down from the bus and sustained grievous injuries. The petitioner has incurred a huge amount towards medical and other expenses. Therefore, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming a - 3 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 compensation for the injuries sustained in a road traffic accident. 3. A notice was issued to the driver of the vehicle. Despite service of the notice, the driver remained unrepresented, and was placed ex-parte. 4. Respondent No.2-Andhra Pradesh State Road Transport Corporation (‘APSRTC’ for short) has filed a statement of objections denying the averments made in the claim petition and condended that the accident took place on 02.08.2011 and the petition is filed on 19.02.2015, thus there is a delay in filing a claim petition. It is also contended that there was negligence on the part of the petitioner. Hence, prays to dismiss the claim petition. 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues and additional issues. 6. The petitioner, to substantiate his case, examined himself as PW-1, examined the Doctor as PW-2 - 4 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 and marked 5 documents as Exs.P1 to P5. The driver of the bus was examined as RW-1 and the respondents did not produce any documents. 7. The Tribunal after considering the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 30.01.2019 and awarded a compensation of Rs.80,480/- with 9% interest p.a. from the date of petition till its realization and held that, both the driver and APSRTC are jointly and severally liable to pay the compensation amount and also directed the APSRTC to deposit the compensation amount. 8. The petitioner being dissatisfied by the quantum of compensation awarded by the Tribunal, filed this appeal seeking an enhancement of compensation. 9. Heard the learned counsel for the petitioner, and APSRTC. 10. Learned counsel for the petitioner submits that, the compensation amount awarded by the Tribunal is on - 5 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 the lower side, and the assessment regarding permanent disability is also on the lower side. He submits that, the petitioner has examined the Doctor as PW-2, who opined that, the petitioner suffered a permanent disability to the extent of 22% to the whole body. He submits that, the Tribunal has assessed the disability at 7%, which is on the lower side. Hence on these grounds, he prays to allow the appeal. 11. Per contra, the learned counsel for APSRTC submits that, the compensation amount awarded by the Tribunal is just and proper, and do not call for any interference by this Court. Hence, prays to dismiss the appeal. 12. I have perused the records and considered the submissions made by the learned counsel for the parties. The point that would arise for consideration is regarding the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 13. There is no dispute that, the petitioner met with an accident, sustained grievous injuries and the accident occurred due to a rash and negligent driving of the driver of the bus. The petitioner has produced the charge sheet marked as Ex.P3, which is filed against the driver of the bus. The Tribunal was justified in recording a finding that the accident occurred due to rash and negligent driving of the driver of the bus. Reg. Quantum: 14. The accident occurred in the year 2011. Though the petitioner contends that he used to earn Rs.10,000/- per month, he has not produced any proof of income. In the absence of income proof, the notional income must be assessed as per the chart issued by the Karnataka State Legal Services Authority. The notional income is taken at Rs.6,000/-. In addition to it, future prospects has to be added in view of the law laid down by the Hon’ble Supreme Court in the case of National - 7 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 Insurance Co. Ltd. Vs. Pranay Sethi and Others1. The petitioner was aged 19 years old as of the date of the accident and future prospects has to be added at 40% i.e., Rs.6,000/- + Rs.2,400/- (6,000 x 40%) = Rs.8,400/-. The relevant multiplier applicable to the age of 19 is ‘18’. Thus, the income of the petitioner is taken at Rs.8,400/- per month. The petitioner in order to prove that he has sustained permanent physical disability, examined the Doctor as PW-2, who has issued disability certificate marked at Ex.P4, wherein he has opined that, the petitioner has suffered a disability to an extent of 22% to the whole body, wherein the Tribunal has assessed the disability at 7%. This Court, considering the evidence of PW-2 and the medical records produced by the petitioner, re-assesses the disability at 10% as the disability assessed by the Tribunal is on the lower side. This Court, considering the nature of the injury, re-assesses the compensation under the following heads: 1 2017 (16) SCC 680 - 8 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 Particulars Compensation awarded in Rs. By the Tribunal By this Court Pain and sufferings 10,000/- 25,000/- Food, diet, nourishment and attendant charges 10,000/- 10,000/- Loss of income during treatment period - 8,400/- Loss of future earning capacity 60,480/- 1,81,440/- (8,400 x 12 x 18 x 10%) Loss of amenities - 25,000/- Total 80,480/- 2,49,840/- Enhanced compensation by this Court 1,69,360/- Thus, the petitioner is entitled to a total compensation of Rs.2,49,840/- as against Rs.80,480/-. Thus, the petitioner is entitled to an enhanced compensation of Rs.1,69,360/-. 15. In view of the above discussion, I proceed to pass the following: - 9 - HC-KAR NC: 2025:KHC-D:10562 MFA No. 103541 of 2019 ORDER i. The appeal is allowed-in-part; ii. The judgment and award dated 30.01.2019 passed by the Tribunal in MVC No.183/2015 is modified; iii. The petitioner is entitled to an enhanced compensation of Rs.1,69,360/- with interest at the rate of 6% p.a. from the date of petition till the date of realisation; iv. Further, the petitioner is not entitled to the interest for a period of 140 days as per the order dated 23.02.2021; v. APSRTC is directed to deposit the enhanced compensation amount with accrued interest within a period of eight weeks from the date of receipt of a copy of this order; vi. Trial Court records and amount in deposit, if any, be transmitted to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 27