- 1 - HC-KAR NC: 2025:KHC-D:11506-DB MFA No. 100752 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO. 100752 OF 2023 (MV-I) BETWEEN: SRI. SIDDAPPA S/O. HANAMAPPA KURI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O. KOMALPOOR, TQ. YELBURGA, DIST. KOPPAL, PIN-583236. …APPELLANT (BY SRI. D. V. PATTAR, ADVOCATE) AND: 1. SRI. PANCHAKSHARAYYA S/O. CHANNABASAYYA HIREMATH, AGE: 48 YEARS, OCC: DRIVER OF KSRTC REG NO.KA-37/F-0804, R/O. NIDAGUNDI, TQ. RON, DIST. GADAG, PIN-582209. 2. THE DIVISIONAL CONTROLLER, N.E.K.R.T.C., KOPPAL DIVISION, KOPPAL, PIN-583231. …RESPONDENTS (BY SRI. S. C. BHUTI, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, YELBURGA AT: YELBURGA DATED 02.07.2022 IN MVC NO.04/2019 AND ALLOW THE APPEAL, AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11506-DB MFA No. 100752 of 2023 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the injured/claimant challenging the judgment and award dated 02.07.2022 passed in MVC No.4/2019 on the file of learned Senior Civil Judge and Addl. MACT, Yelburga1. 2. Brief facts necessary to decide the appeal are that on 16.09.2018 at 6:30 a.m. the appellant was proceeding in the bus bearing registration No.KA-37/F-0804 driven by respondent No.1. It is averred that when the bus reached near RTO, NH-63 on Koppal – Hosapete road driven by its driver in a rash and negligent manner dashed to a KEB pole. It is further averred that due to the said accident, the appellant suffered serious injuries, he was shifted to Government Hospital, Koppal and afterwards to SDM Hospital, Dharwad for further treatment. The appellant spent total of ₹1,00,000/- for his treatment. It is averred that the appellant was working as a labourer and earning ₹15,000/- 1 ‘Tribunal’ for short - 3 - HC-KAR NC: 2025:KHC-D:11506-DB MFA No. 100752 of 2023 per month to support his family. However, due to the said injuries, the appellant is currently unable to work as before and he is going through financial hardship. Hence, he filed claim petition seeking compensation. The Tribunal on consideration of the material on record partly allowed the claim petition by granting compensation of ₹68,000/-. Being aggrieved, the appellant preferred this appeal seeking enhancement of compensation. 3. Sri. D.V.Pattar, learned counsel for the appellant/injured submits that the appellant sustained grievous injuries and he has taken treatment as an inpatient for some days. The Tribunal has committed an error in not awarding compensation under the head of loss of income due to disability and other heads. The award of global compensation is meager. Hence, he seeks to allow the appeal by considering the injuries sustained by the appellant. 4. Per contra, Sri S.C.Bhuti, learned counsel for the respondent/Corporation supported the impugned judgment and award of the Tribunal and submits that award of compensation - 4 - HC-KAR NC: 2025:KHC-D:11506-DB MFA No. 100752 of 2023 by the Tribunal on all heads is just and proper, does not call for interference. Thus, he prays for dismissal of the appeal. 5. I have heard the learned counsel for the parties and perused the material available on record. 6. The claim petition was filed by the appellant under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation for the accidental injuries sustained by him. The records indicate that the appellant was provided treatment as SDM Hospital, Dharwad. To substantiate the injury, the appellant produced the injury certificate at Ex.P6 and medical bills at Exs.P6 to P9. The appellant-claimant has not examined the doctor to consider his case for assessment of compensation under the head of loss of income due to disability. The appellant sustained fracture of bone of right leg, abrasions over right elbow, swelling and tenderness over the left elbow etc. The appellant has failed to prove the disability suffered by him in the road accident before the Tribunal. Taking note of the oral evidence of the injured appellant and documentary evidence on record, we are of the considered view that the interest of justice would be met if we award global compensation of ₹1,00,000/- as - 5 - HC-KAR NC: 2025:KHC-D:11506-DB MFA No. 100752 of 2023 against ₹68,000/- awarded by the Tribunal. The appellant is entitled interest at the rate of 6% per annum on ₹1,00,000/- from the date of petition till realization. 7. Hence, the following: ORDER a) The appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified. The claimant shall be entitled to a total compensation of ₹1,00,000/- with 6% interest on the enhanced amount. c) The respondent/Corporation shall deposit the aforesaid compensation amount before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. d) On such deposit, the same shall be released in favour of the appellant/claimant on proper identification. e) Draw modified award accordingly. f) No order as to costs. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN