- 1 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 04TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102896 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102895 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 102898 OF 2015 MISCELLANEOUS FIRST APPEAL NO. 102899 OF 2015 IN MFA NO.102896 OF 2015 BETWEEN: MASTER PREETAM S/O SANJIVEEV KALLURI AGE: 02 YEARS, SINCE MINOR, REP BY HIS NATURAL FATHER AND MINOR GUARDIAN SHRI. SANJEEV S/O SHIVALING KALLURI AGE: 34 YEARS, OCC: BUSINESS (NOW NIL) R/O: NEW IDALHOND (SHIVAPUR) VILLAGE TQ & DIST: BELAGAVI. …APPELLANT (BY SMT. GEETHA K M @ PAWAR, ADV) AND: THE DIVISIONAL CONTROLLER NWKRTC BELAGAVI DIVISION BELAGAVI. …RESPONDENT (BY SRI. S C BHUTI, ADV) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.03.2015, PASSED IN MVC NO.163/2015 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.11 12:09:36 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER IN MFA NO. 102895 OF 2015 BETWEEN: BABY, MANJULA D/O SANJEEV KALLURI AGE: 04 YEARS, SINCE MINOR REP BY HER NATURAL FATHER AND MINOR GUARDIAN SHRI. SANJEEV S/O. SHIVALING KALLURI AGE: 34 YEARS, OCC: BUSINESS (NOW NIL) R/O: NEW IDALHOND(SHIVAPUR) VILLAGE, TQ & DIST: BELAGAVI. …APPELLANT (BY SRI. GEETHA K M @ PAWAR, ADV) AND: THE DIVISIONAL CONTROLLER NWKRTC BELAGAVI DIVISION BELAGAVI. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.03.2015, PASSED IN MVC NO.162/2015 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 102898 OF 2015 BETWEEN: SMT. SUMITRA SANJEEV KALLURI AGE: 28 YEARS, OCC: LABOUR WORK AND CONSTRUCTION WORK NOW NILL R/O: NEW LDALHOND(SHIVAPUR) VILLAGE, TQ & DIST: BELAGAVI. …APPELLANT (BY SRI. SMT GEETHA K M @ PAWAR, ADV) AND: THE DIVISIONAL CONTROLLER N W K R T C BELAGAVI DIVISION BELAGAVI. …RESPONDENT (BY SRI. S C BHUTI, ADV) - 3 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT & AWARD DATED 25.03.2015, PASSED IN MVC. NO.273/2015 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II & MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 102899 OF 2015 BETWEEN: SHRI. SANJEEV S/O SHIVALING KALLURI AGE: 34 YEARS, OCC: BUSINESS (NOW NIL) R/O: NEW IDALHOND(SHIVAPUR) VILLAGE TQ & DIST: BELAGAVI. …APPELLANT (BY SRI. SMT GEETHA K M @ PAWAR, ADV) AND: THE DIVISIONAL CONTROLLER NWKRTC BELAGAVI DIVISION BELAGAVI. …RESPONDENT (BY SRI. S.C. BHUTI, ADV) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED 25.03.2015, PASSED IN MVC. NO.301/2015, ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL. MACT, BELAGAVI, DISMISSING THE PETITION FILED U/S.166 OF MOTOR VEHICLES ACT. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGEMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE AS HOK S. KINAGI - 4 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) These Appeals are filed by the petitioners, challenging a common judgment and award dated 25.03.2015 passed in MVCs No.162/2015, 163/2015, 273/2015 and 301/2015 by the Fast Track Court-II, and Additional MACT, Belagavi (‘the Tribunal’ for short). 2. Brief facts leading rise to the filing of these appeals are as follows: 2.1. On 28.06.2014, at about 15:00 hours, the petitioners in all the cases were travelling in a tempo bearing Reg.No.KA-49-327 owned by the petitioner in MVC No.301/2015. At that time, the driver of the NWKRTC bus bearing Reg.No.KA-22/F-1743 drove the same at a high speed, in the rash and negligent manner, and dashed to the tempo. As a result, the petitioners have sustained a grievous injuries. The petitioner in MVC No.301/2015 filed a claim petition for claiming damages caused to the tempo. - 5 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER The petitioners in other MVCs filed claim the petitions under Section 166 of the Motor Vehicles Act, 1988, seeking a compensation for the injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petitions. 3. The NWKRTC filed a statement of objections denying the averments made in the claim petition except admitting the ownership over the offending bus and it is contended that, there was no negligence on the part of the driver of the offending bus. Hence, prays to dismiss the claim petition. 4. The Tribunal, based on the pleadings of the parties, clubbed all the claim petitions, and framed the common issues in all the claim petitions, except framing the separate issues for MVC NO. 301/2015. 5. The petitioners in MVCs No.301/2015 and 273/2015, were examined as PWs-1 and 2, and marked twenty-one documents as Exs.P1 to P21. They have also examined the Doctors as PWs-3 and 5, and the Proprietor of - 6 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER the Shivaji Motor Body Building Workshop was examined as PW-4. In rebuttal, the respondent- NWKRTC, neither led any oral nor documentary evidence. 6. The Tribunal, after assessing the verbal and documentary evidence, partly allowed the claim petition with costs in MVC No.162/2015 and awarded a compensation of Rs.2,30,000/-; partly allowed the claim petition with costs in MVC No.163/2015 and awarded a compensation of Rs.5,000/-; partly allowed the claim petition with costs in MVC No.273/2015 and awarded a compensation of Rs.1,25,000/-; and dismissed the claim petition in MVC No.301/2015, vide common judgement and award dated 25.03.2015. 7. The petitioners in MVCs No.163/2015, 162/2015 and 273/2015 filed the appeals in MFAs No.102896/2015, 102895/2015 and 102898/2015 seeking an enhancement of the compensation, and the petitioner in MVC No.301/2015 - 7 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER filed an appeal in MFA No.102899/2015, aggrieved by the dismissal of the claim petition. 8. Heard the arguments of learned counsel for the parties. 9. Learned counsel for the petitioners submits that, the amounts of compensation awarded by the Tribunal is on the lower side. She submits that, in MVC No.163/2015, the petitioner is a minor and he sustained the grievous injuries and the Tribunal awarded a global compensation of Rs.5,000/-. She further submits that, the compensations awarded in MVCs No.162/2015 and 273/2015 are also on the lower side. She submits that, the petitioner in MVC No.301/2015 examined the Proprietor of Shivaji Motor Body Building Workshop as PW-4, who deposed that the vehicle was left in the garage and the cost of estimation of the repair is Rs.3,77,041/-. The Tribunal, without considering the evidence of PW-4, committed an error in dismissing the claim petition in MVC No.301/2015. Hence, on these - 8 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER grounds, she prays to allow the appeals filed by the petitioners. 10. Per contra, learned counsel for NWKRTC supported the impugned judgment and award and submitted that, the compensations awarded by the Tribunal are just and proper and do not call for interreference by this court. The Tribunal has rightly dismissed the claim petition in MVC No.301/2015. He submits that, the petitioner in MVC No.301/2015 has not produced any records or bills to establish that he got repaired the vehicle. Hence, on these grounds, he prays to dismiss the appeals. 11. Perused the records and considered the submissions of the learned counsel for the parties. The point that would arise for consideration in these appeals are regarding the quantum of compensation. 12. The petitioners, to prove that, the accident had occurred due to the rash and negligent driving of the driver of the NWKRTC bus, produced a charge sheet marked as - 9 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER Ex.P9. The Tribunal, placing reliance on Ex.P9, has rightly held that the accident occurred due to the rash and negligent driving of the driver of the offending bus. Reg. Quantum of compensation: 13. Insofar as the quantum of compensation in MFA No.102896/2015 (MVC No.163/2015) is concerned, the wound certificate which is marked at Ex.P7, which discloses that the petitioner had sustained one simple injury and was aged 2 years old. No medical bills were produced. The Tribunal has awarded a global compensation of Rs.5,000/-, which is on the lower side and the same needs to be accordingly enhanced to Rs.20,000/- including the amount of global compensation awarded by the Tribunal. 14. Insofar as the quantum of compensation in MFA No.102895/2015 (MVC No.162/2015) is concerned, the wound certificate which is marked at Ex.P6 , discloses that the petitioner was aged 4 years old. Considering the evidence of the Doctor- PW-5, the Tribunal was justified in - 10 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER assessing that the petitioner has suffered a permanent disability of 15% and it was also justified in awarding a compensation of Rs.2,30,000/-. I do not find any error in the award passed by the Tribunal. 15. Insofar as the quantum of compensation in MFA No.102898/2015 (MVC No.273/2015) is concerned, the petitioner has produced the wound certificate marked at Ex.P.15, which discloses that the petitioner was aged 28 years old as of the date of the accident. As per the disability certificate marked as Ex.P19 and the opinion of the Doctor, the petitioner has suffered 48% disability to the limb and 16% to the whole body. The accident occurred in 2014. The petitioner, to prove her income, has not produced any proof of income. In the absence of proof of income, this Court assesses the monthly income at Rs.7,500/- as per the schedule notified by the Karnataka State Legal Services Authority. In addition to her income, 40% of the future prospects have to be added as per the - 11 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER law laid down by the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and Others1. Thus, her monthly income comes to Rs.7,500/- + 40% = Rs.10,500/-. Therefore, this Court re-assesses the compensation under the following heads: Particulars Compensation awarded in Rs. By the Tribunal By this Court Pain and sufferings 30,000/- 50,000/- Loss of future happiness and amenities 30,000/- 40,000/- Loss of income during treatment period 13,000/- 10,500/- Incidental charges 12,000/- 15,000/- Medical expenses 40,000/- 40,000/- Future medical expenses 10,000/- 20,000/- Loss of future earnings - 3,42,720/- (10,500 x 12 x 17 x 16%) Total 1,35,000/- 5,18,220/- Enhanced by this Court 3,83,220/- 15.1. Thus, the petitioner is entitled to a total compensation of Rs. 5,18,220/- as against Rs. 1,35,000/- i.e., to an enhanced compensation of Rs. 3,83,220/-. 1 2017 (16) SCC 680 - 12 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER 16. Insofar as MFA No.102899/2015 (MVC No.301/2015) filed by the owner of tempo is concerned, the petitioner claims the compensation for damages caused to the tempo on account of the accident. To establish that he got repaired the tempo, and spent an amount towards repair, the petitioner has not produced any bills. In the absence of evidence on record, the Tribunal was justified in dismissing the claim petition filed by the owner of the tempo. I do not find any reason to interfere with the impugned judgment passed in MVC No.301/2015. 17. In view of the above discussion, I proceed to pass the following: ORDER i. MFAs No.102896/2015 and 102898/2015 are allowed-in-part; ii. The petitioner in MVC No.163/2015 is entitled to a global compensation of Rs.20,000/- with interest at the rate of 6% p.a. from the date of the petition till its realisation; - 13 - HC-KAR NC: 2025:KHC-D:11344 MFA No. 102896 of 2015 C/W MFA No. 102895 of 2015 MFA No. 102898 of 2015 AND 1 OTHER iii. The petitioner in MVC No.273/2015 is entitled to an enhanced compensation of Rs.3,83,220/- with interest at the rate of 6% p.a. from the date of the petition till its realisation; iv. MFAs No.102895/2015 and 102899/2015 are dismissed; v. The respondent-NWKRTC is directed to deposit the respective compensation amounts with accrued interest within a period of eight weeks from the date of receipt of a copy of this judgment. vi. Pending interlocutory application(s), if any, shall stand disposed of. vii. Amount in deposit, if any, shall be transmitted to the tribunal. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 12