- 1 - HC-KAR NC: 2025:KHC-D:9154 MFA No. 102350 of 2017 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102350 OF 2017 (MV-I) BETWEEN: P. KHALANDAR S/O. P. BASHA @ SHASAVALI, AGE: 20 YEARS, OCC: STUDENT, R/O: 2ND CROSS, BALLARI ROAD, HOSAPETE-583 201. … APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE) AND: 1. B. PASHAVALI S/O SATTAR SAB, AGE: 56 YEARS, OCC: DRIVER OF KSRTC BUS BEG. REG. NO.KA-34/F-602, R/O: TAKKA ONI, BEHIND HEAD POST OFFICE, HOSAPETE-583 201. 2. THE DIVISIONAL CONTROLLER, NEKRTC, OWNER OF THE DRIVER OF KSRTC BUS BEG. REG. NO.KA-34/F-602, HOSAPETE, BALLARI-583 201. … RESPONDENTS (BY SRI PRAKASH N. HOSAMANE, ADVOCATE FOR R2; R1 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 16.11.2016, PASSED IN M.V.C. NO.152/2015, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., HOSPETE AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9154 MFA No. 102350 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 16.11.2016, passed by the Additional Senior Civil Judge and JMFC, Hospet, in MVC No.152/2015, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: “Crush injury over left leg, suffering from pain and tenderness over the fracture area, wasting of muscles of left leg, range of movements are restricted.” - 3 - HC-KAR NC: 2025:KHC-D:9154 MFA No. 102350 of 2017 5. The tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 25,000 2. Loss of future income. 9,000 3. Special diet, attendant and conveyance expenses. 8,000 4. Loss of amenities. 5,000 5. Medical bills. 34,500 6. Loss of income during laid up period. 1,500 Total: 83,000 6. In this case, the injured is a minor boy aged 14 years at the time of accident. As per the doctor’s evidence, the claimant has suffered 12% of permanent physical disability to the left lower limb. The tribunal has taken the disability at 4% to the whole body. Therefore, as per decision of the Hon’ble Supreme Court in the case of Master Mallikarjun vs. Divisional Manager, the National Insurance Company Limited and another, reported in AIR 2014 SC 736, the claimant would be entitled for the compensation of Rs.1,00,000/- for the - 4 - HC-KAR NC: 2025:KHC-D:9154 MFA No. 102350 of 2017 injuries suffered up to 10% to the whole body. Therefore, by following the above said decision, the compensation is awarded as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering already undergone and to be suffered in future, mental and physical shock, hardship, inconvenience, and discomforts, etc., and loss of amenities in life on account of permanent disability. 1,00,000 2. Discomfort, inconvenience and loss of earnings to the parents during the period of hospitalization. 25,000 3. Medical and incidental expenses during the period of hospitalization. 34,500 4. Future medical expenses for correction of the mal union of fracture and incidental expenses for such treatment. 25,000 Total: 1,84,500 7. Therefore, the claimant is entitled for total compensation of Rs.1,84,500/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till - 5 - HC-KAR NC: 2025:KHC-D:9154 MFA No. 102350 of 2017 realization, as against Rs.83,000/- awarded by the Tribunal. The insurance company is shall deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 8. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 16.11.2016, passed by the Additional Senior Civil Judge and JMFC, Hospet, in MVC No.152/2015, stands modified. iii) The claimant is entitled for total compensation of Rs.1,84,500/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.83,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2025:KHC-D:9154 MFA No. 102350 of 2017 iv) The claimant is not entitled for interest for the delayed period of 107 days in filing the appeal. v) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. vi) Send a copy of this judgment and award to the tribunal. vii) No order as to costs. viii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: BCK List No.: 1 Sl No.: 50