- 1 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 104339 OF 2019 (MV-I) BETWEEN: MAHADEVAPPA S/O HANAMANTHAPPA HAGEDAL AGE. 35 YEARS, OCC. COOLIE R/O. CHIKKBADAWADAGI-587118 TQ. HUNGUND, DIST. BAGALKOTE. …APPELLANT (BY SRIYUTHS. SHRIHARSH A NEELOPANT AND SHRUTI A. NEELOPANT, ADVS) AND: THE DIVISIONAL CONTROLLER NEKRTC RAICHUR DIVISION RAICHUR-584101. …RESPONDENT (BY SMT. VAISHALI K. KALADAGI AND YALAGI KAVYA SHIVAPPA, ADVS) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 26.12.2018 PASSED IN MVC NO.347/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-X, HUNGUND, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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: 2025.09.04 11:39:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Miscellaneous First Appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act, 1988” for short) by the appellant being dissatisfied with the quantum of compensation awarded by the Tribunal in MVC No.347/2017 dated 26.12.2018 by the Senior Civil Judge and MACT-X, Mudhol. 2. For convenience, the parties are referred to, based on their rankings before the Tribunal. 3. Brief facts, leading rise to the filing of this appeal, are as follows: The petitioner met with an accident on 12.12.2016, while he was proceeding as a pillion rider on a motorcycle, the accident occurred due to rash and negligent driving of the bus bearing Reg.No.KA-36/F-1054 by its driver. In the said accident, the petitioner has sustained a grievous - 3 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 injuries, and spent a huge amount towards medical expenses. The petitioner suffered a permanent disability. Hence, the petitioner filed a claim petition seeking compensation. 4. The respondent-NWKRTC filed a statement of objections denying the averments made in the claim petition. It is contended that there was no negligence on the part of the driver of the bus. There was a negligent riding of motorcycle by its rider. Hence, prays to dismiss the claim petition. 5. The Tribunal, based on the pleadings of the parties framed the relevant issues. 6. To substantiate his case, the petitioner was examined as P.W.1, and marked 11 documents as Exs.P1 to P11. The petitioner also examined the doctor as P.W.2, and marked 9 documents as Exs.P12 to P20 through P.W.2. In rebuttal, the driver of the bus was examined as R.W.1, and one document was marked as Ex.R1. The - 4 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 Tribunal, after assessing the verbal and documentary evidence allowed the claim petition in part vide judgment dated 26.12.2018, and awarded a compensation of Rs.1,67,400/- with interest at the rate of 7% p.a. from the date of the petition till its realisation. The petitioner, being dissatisfied with the compensation awarded by the Tribunal, filed this Miscellaneous First Appeal. 7. Heard the arguments of the learned counsel for the petitioner, and the learned counsel for the respondent- Corporation. 8. Learned counsel for the petitioner submits that the Tribunal did not add future prospects to the income. He also submits that the compensation awarded by the Tribunal under the other heads is on the lower side. Hence, on these grounds, he prays to allow the appeal. 9. Per contra, the learned counsel for the respondent-Corporation submits that the compensation awarded by the Tribunal is just and proper, and do not call - 5 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 for any interference by this court. Hence, prays to dismiss the appeal. 10. Perused the records and considered the submissions of the learned counsel for the parties. The point that would arise for consideration is regarding the quantum. 11. The petitioner has produced acharge sheet marked as Ex.P6 which discloses that the accident occurred due to the rash and negligent driving of the bus by its driver. Reg. Quantum of compensation: 12. Insofar as the quantum of compensation is concerned, the petitioner is an agriculturist earning Rs.9,000/- p.m., and the Tribunal took the income of the petitioner at Rs.9,000/- p.m. The petitioner, to prove the disability examined the doctor as P.W.2, who has deposed that the petitioner had sustained a permanent physical disability of 35% to the right lower limb, and 10% to the - 6 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 whole body. The doctor has issued the disability certificate marked as Ex.P13. The Tribunal, considering the evidence of P.W.2 assessed the disability at 5% to the whole body, which is just and proper, and do not call for any interference. The petitioner was aged 32 years old, and the income of the petitioner was taken at Rs.9,000/- p.m. In addition to it, 40% towards the future prospects has to be added, as per the proposition laid down by the Hon’ble Apex Court in the case of NATIONAL INSURANCE COMPANY LIMITED VS PRANAY SETHI AND OTHERS reported in (2017) 16 SCC 680, which comes to Rs.12,600/- [Rs.9,000/- + Rs.3,600/- (Rs.9,000/- x 40%)] Considering the evidence of the doctor i.e., PW-2 and the medical records, this court re-assess the compensation, as follows: 13. Thus, this court on re-assessment of the entire evidence on record, awards the following compensation : Compensation awarded in Rs. Sl. No. Heads of compensation By the Tribunal By this Court 1 Pain and suffering 10,000 25,000 - 7 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 2 Medical expenses 43,000 43,000 3 Loss of amenities 5,000 25,000 4 Loss of income during treatment and rest 18,000 37,800 (Rs.12,600 x 3) 5 Loss of future income 86,400 1,20,960 (Rs.12,600x12x16x 5%) 6 Attendant charges 2,000 10,000 7 Food and nourishment 2,000 10,000 8 Transportation and incidental charges 1,000 5,000 Total : 1,67,400 2,76,760 Compensation enhanced by: 1,09,360/- 14. In view of the above discussion, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and the award dated 26.12.2018 passed in MVC No.347/2017 by the learned Senior Civil Judge and MACT-X, Mudhol, is hereby modified. iii) The petitioner is entitled to the enhanced compensation of Rs.1,09,360/- in addition to the compensation awarded by the Tribunal, with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. - 8 - HC-KAR NC: 2025:KHC-D:10734 MFA No. 104339 of 2019 iv) The respondent-Corporation is directed to deposit the enhanced compensation amount within a period of 8 weeks from the date of receipt of a certified copy of this judgment. v) It is made clear that the petitioner is not entitled to an interest for 230 days in filing the appeal. vi) The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. SD/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 25