- 1 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101793 OF 2023 (MV-I) BETWEEN: SRI. PREMKUMAR S/O. LATE KALAPPA DASTENAVAR, AGE: 69 YEARS, OCC: BUSINESS, R/O. HOUSE NO.51, BASAVESHWARA NAGAR, OPP GRAM PANCHAYATHI, ITTAGI, TQ: HUVINAHADAGALI, DIST: VIJAYANAGAR-583219. …APPELLANT (BY SRI. G.R. TURAMARI, ADVOCATE) AND: 1. BASAVANTHRAYA SHIVAPPA GUDIHAL S/O. SHIVAPPA BASAVANTHARAYA GUDIHAL, AGE: 34 YEARS, OCC: DRIVER, BADGE NO.1645, R/O. BHATKAL DEPOT, U.K. DIVISION, BHATKAL, DIST: UTTAR KANNADA-581320. 2. THE DIVISIONAL CONTROLLER, NWKRTC, UTTARA KANNADA DIVISION, SIRASI, DIST: UTTAR KANNADA-581401. …RESPONDENTS (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCING THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, H.B. HALLI, SITTING AT ITINERARY SENIOR CIVIL JUDGE, HUVINAHADAGALI IN M.V.C. NO.420/2021 DATED 14.10.2022, AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri G.R.Turamari, learned counsel for the appellant as well as Sri S.C.Bhuti, learned counsel for respondent No.2. 2. Aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal-XIII, H.B.Halli, through orders in MVC 420 of 2021 dated 14.10.2022, the claimant therein preferred the present appeal. 3. The undisputed facts of the case are as under: (i) On 02.01.2021, the appellant met with an accident and the vehicle involved in the accident is the bus of respondent No.2. - 3 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 (ii) The appellant received bilateral crush injuries to both lower limbs. (iii) The injuries sustained resulted in amputation of both lower limbs above knee. (iv) As per the assessment of PW2, the disability is 100% physical and functional in respect of whole body. (v) The appellant was getting pension of Rs.20,000/- per month by the date of accident. (vi) Subjecting the evidence to scrutiny, the tribunal awarded a sum of Rs.4,49,654/- towards ‘medical expenses’, Rs.1,00,000/- as compensation for the ‘pain and agony’, Rs.75,000/- towards ‘travelling expenses’, Rs.30,000/- towards ‘food, nourishment and attendant charges’ and Rs.70,000/- towards ‘loss of amenities and discomforts’. In total, the tribunal granted a sum of Rs.7,24,654/- as compensation. 4. Arguing the matter, learned counsel for the appellant contends that the tribunal failed to award any - 4 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 compensation towards ‘loss of future earnings’ and ‘loss of earnings during laid up period’. Learned counsel also states that the appellant is required to use artificial limbs for the rest of his life, but no amount is awarded for purchase of artificial limbs. Learned counsel also states that in the light of amputation of the limbs, the appellant is required to take treatment throughout his life. But the tribunal failed to award any amount for ‘future medical expenses’. Learned counsel also states that the compensation that is granted by the tribunal under all heads is grossly low and therefore the same requires enhancement. 5. Learned counsel for respondent No.2 contends that the appellant was drawing pension as on the date of accident and he continues to do so. Therefore the question of awarding any compensation either towards ‘loss of future earnings’ or towards ‘loss of earnings during laid up period’ does not arise. Learned counsel states that in the light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. - 5 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 6. No evidence whatsoever is produced by the appellant to show that he was earning any amount apart from drawing pension. Therefore as rightly submitted by learned counsel for respondent No.2, appellant is not entitled for any compensation either towards ‘loss of future earnings’ or towards ‘loss of income during laid up period’. However, as rightly put forth by learned counsel for the appellant, the appellant who lost both his lower limbs above knee would be required to use either artificial limbs or a wheelchair to move. Also the equipment thus purchased requires timely servicing or repairs or replacement. Therefore this Court is of the view that a sum of Rs.1,00,000/- is required to be awarded for ‘purchase of artificial limbs’ or ‘equipment for movement’. As the appellant lost his both lower limbs, he would have taken at least a period of one year to attend his normal pursuits even with the support of artificial limbs. During that time the appellant would have been taking the support of an attendant. The tribunal granted a sum of Rs.30,000/- towards ‘food, nourishment and attendant charges’. This Court is of the view that a sum of Rs.40,000/- is required to be awarded - 6 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 additionally towards ‘attendant charges’. Also this Court is of the view that the appellant is entitled to an additional sum of Rs.50,000/- more towards ‘pain and suffering’ and Rs.80,000/- more towards ‘loss of amenities in life’. Also this Court is of the view that the appellant is entitled to a sum of Rs.30,000/- towards ‘future medical expenses’. 7. Therefore the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the tribunal is Rs.3,00,000/- (Rs.1,00,000/- + Rs.40,000/- + Rs.50,000/- + Rs.80,000/- + Rs.30,000/-). Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accidents Claims Tribunal-XIII, H.B.Halli, through orders in MVC 420 of 2021 dated 14.10.2022 is enhanced by Rs.3,00,000/-. - 7 - HC-KAR NC: 2025:KHC-D:15125 MFA No. 101793 of 2023 (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 35