- 1 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 22844 OF 2013 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 22843 OF 2013 IN MFA NO.22844/2013 BETWEEN: THE MANAGING DIRECTOR NORTH-WEST KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, GOKUL ROAD, HUBLI, DIST: DHARWAD. …APPELLANT (BY SRI. I. C. PATIL, ADVOCATE) AND: SHRI. E VAGISH S/O RAJASHEKARAPPA, AGE: 31 YEARS, OCC: AGRICULTURE, ANIMAL HUSBANDARY & MILK VENDING, R/O: MOTEBENNUR, TALUK: BYADGI, DIST: HAVERI. …RESPONDENT (BY SRI. CHANDRASHEKHAR HOSAMANI, ADVOCATE) THIS MFA IS FILED U/SEC 173(1) OF THE M.C. ACT, 1988 PRAYING TO CALL FOR RECORDS IN MVC NO.776/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BYADAGI AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.03.2013 PASSED IN MVC NO.776/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BYADGI AS A COMPENSATION MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.17 15:46:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 AWARDED IS EXCESSIVE AND EXORBITANT, BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE. IN MFA NO.22843/2013 BETWEEN: THE MANAGING DIRECTOR NORTH-WEST KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, GOKUL ROAD, HUBLI, DIST: DHARWAD. …APPELLANT (BY SRI. I. C. PATIL, ADVOCATE) AND: KUMARI. H NETRA D/O ERANNA, AGE: 21 YEARS, OCC: STUDENT, ANIMAL HUSBANDARY MILK VENDING R/O: MOTEBENNUR, TALUK: BYADGI, DIST: HAVERI. …RESPONDENT (BY SRI. CHANDRASHEKHAR HOSAMANI, ADVOCATE) THIS MFA IS FILED U/SEC 173(1) OF THE M.C. ACT, 1988 PRAYING TO CALL FOR RECORDS IN MVC NO.775/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, BYADGI AND TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.03.2013 PASSED IN MVC NO.775/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT , BYADGI, AS A COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT, BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These Appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the NEKRTC, challenging the common judgment and award dated 27.03.2013 passed in MVC Nos.775 and 776 of 2012 by the learned Additional Senior Civil Judge, and Additional MACT, Byadgi. 2. Brief facts, leading rise to the filing of these appeals, are as follows: 3. On 11.08.2012, the petitioners were travelling in a NWKSRTC bus bearing registration no. KA-42/F-440, from Bengaluru to Ranebennur on NH-4. The driver of the bus was driving the bus in a rash and negligent manner, and when the bus was moving near Hunashekatti village in Davanagere Taluk., the driver lost control over the bus and collided with a lorry bearing registration No.TN-52/A-7600. As a result, the petitioners sustained grievous injuries. - 4 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 Hence, the petitioners filed a claim petitions under Section 166 of the M.V.Act, claiming compensation for the injuries sustained by them in a road traffic accident. Accordingly, prays to allow the claim petitions. 4. The NWKSRTC filed a statement of objections denying the averments made in the claim petition, and prays to dismiss the claim petitions. 5. The Tribunal, based on the pleadings of the parties, framed the common relevant issues. 6. The petitioners, to substantiate their case, petitioner in MVC No.775/2012 was examined as P.W.1, petitioner in MVC No.776/2012 was examined as P.W.2, and examined the doctor as P.W.3, and marked 19 documents as Exs.P1 to P.19. Conversely, the driver of the bus was examined as R.W.1 and no documents were marked. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petitions in part, - 5 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 and awarded a compensation of Rs.3,90,395/- in MVC No.775/2012, and Rs.3,94,738/- in MVC No.776/2012 with interest at the rate of 6%, and directed NWKSRTC to deposit the compensation amount. 8. The NWKSRTC, aggrieved by the quantum of compensation awarded in MVC Nos.775 and 776 of 2012, filed these Miscellaneous First Appeals. 9. Heard the arguments of the learned counsel for the NWKSRTC, and the learned counsel for the petitioners. 10. The learned counsel for the NWKSRTC submits that the petitioners have not produced the income proof, and in the absence of income proof, the Tribunal has taken the monthly income at Rs.9,000/-, which is on the higher side. He submits that the in the absence of proof of income, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka State Legal Services Authority. Hence, on these grounds, he prays to allow the appeals. - 6 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 11. Per contra, the learned counsel for the petitioners supports the impugned judgment and award passed by the Tribunal. He submits that the compensation awarded by the Tribunal is just and proper, and do not call for any interference by this court. Hence, on these grounds, he prays to dismiss the appeals. 12. I have perused the records, and considered the submissions made by the learned counsel for the parties. 13. The point, that would arise for consideration is regarding the quantum of compensation. 14. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioners in a road traffic accident. The accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The Tribunal was justified in recording its finding that the accident occurred due to the rash and negligent driving of the driver of the bus. I do not find any error in the finding recorded by the Tribunal. - 7 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 Reg. Quantum of compensation: 15. Insofar as the quantum of the compensation awarded in MVC No.775/2012 is concerned, though the petitioner has contended that she was an agriculturist and earning Rs.10,000/- p.m., the petitioner has not produced any income proof. However, the Tribunal has taken Rs.9,000/- p.m., which is on the higher side. In the absence of proof of income, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka State Legal Services Authority. The accident occurred in 2012, and the notional income of the petitioner should be taken at Rs.6,500/- p.m. The petitioner was aged 20 years old as of the date of the accident, and the multiplier applicable to her age group is ‘18’. To prove the disability, the petitioner examined the doctor as P.W.3. He opined that the petitioner has sustained a permanent disability to the extent of 35%. However, the Tribunal has assessed the functional permanent disability to the whole body at 11.66%, which is just and proper. - 8 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 16. 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 Future loss of earning capacity & income 2,26,670 1,63,706 (Rs.6,500/- x12x18x11.66%) 2 Medical & incidental expenses 73,725 73,725 3 Future medical expenses 5,000 5,000 4 Transportation 5,000 5,000 5 Nutritious food and attendant charges 5,000 5,000 6 Pain and sufferings 25,000 25,000 7 Loss of amenities 25,000 25,000 8 Loss of expectancy of life 25,000 25,000 Total : 3,90,395 3,27,431 Reduced compensation 62,964 17. Insofar as the quantum of the compensation awarded in MVC No.776/2012 is concerned, though the petitioner has contended that he was an agriculturist and was earning Rs.10,000/- p.m., the petitioner has not produced any income proof. However, the Tribunal has taken Rs.9,000/- p.m., which is on the higher side. In the absence of proof of income, the Tribunal should have taken the notional income as per the schedule notified by the Karnataka State Legal Services Authority. The accident - 9 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 occurred in 2012, and the notional income of the petitioner is taken at Rs.6,500/- p.m. The petitioner was aged 30 years old as of the date of the accident, and the multiplier applicable to his age group is ‘17’. To prove the disability, the petitioner examined the doctor as P.W.3. He opined that the petitioner has sustained a permanent disability to the extent of 40%. However, the Tribunal has assessed the functional permanent disability to the whole body at 13.33%, which is just and proper. 18. 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 Future loss of earning capacity & income 2,44,738 1,76,755 (Rs.6,500/- x12x17x13.33%) 2 Medical & incidental expenses 60,000 60,000 3 Future medical expenses 5,000 5,000 4 Transportation 5,000 5,000 5 Nutritious food and attendant charges 5,000 5,000 6 Pain and sufferings 25,000 25,000 7 Loss of amenities 25,000 25,000 8 Loss of expectancy of life 25,000 25,000 Total : 3,94,738 3,26,755 Reduced compensation 67,983 - 10 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 19. In view of the above discussion, I proceed to pass the following: ORDER (i) The Appeals are allowed. (ii) The impugned judgment and the award dated 27.03.2013 passed in MVC Nos.775 and 776 of 2012 by the learned Additional Senior Civil Judge, and Additional MACT, Byadagi, is hereby modified. (iii) The petitioner in MVC No.775/2012 is entitled to a total compensation of Rs.3,27,431/- as against Rs.3,90,395/- awarded by the Tribunal, with interest at 6% per annum from the date of the petition till realization of the amount. The compensation is reduced by Rs.62,964/- (iv) The petitioner in MVC No.776/2012 is entitled to a total compensation of Rs.3,26,755/- as against Rs.3,94,738/- awarded by the Tribunal, with interest at 6% per annum from the date of the petition till realization of the amount. The compensation is reduced by Rs.67,983/-. - 11 - HC-KAR NC: 2025:KHC-D:11899 MFA No. 22844 of 2013 C/W MFA No. 22843 of 2013 (v) The NWKSRTC is directed to deposit the compensation with accrued interest within 8 weeks from the date of receipt of a copy of this judgment. (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:ANB List No.: 1 Sl No.: 5