- 1 - NC: 2025:KHC-D:772 MFA No. 103215 of 2015 C/W MFA No. 102982 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103215 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.102982 OF 2015 IN M.F.A. NO.103215 OF 2015 BETWEEN: MARUTI S/O. NAGAPPA TAMBURI, AGE: 27 YEARS, OCC: COOLIE, R/O: ALAWANDI, TQ: AND DIST:KOPPAL. …APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE) AND: 1. LAXMAN BASAVARADDI S/O. LATE VEERAPPA BADGE NO.5404, AGE: 33 YEARS, OCC: DRIVER OF KSRTC BUS NO.KA-35/F-96, HUVINA HADAGLI DEPOT, DIST: BELLARI, PERMANENT R/O: SHALAVAD, TQ: NAVALAGUND, DIST: DHARWAD. 2. THE DIVISIONAL CONTROLLER, KSRTC, HUVINA HADAGLI DEPOT, DIST: BELLARI. …RESPONDENTS (BY SRI PRASHANTH S.HOSAMANE, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, 1988, PLEASED TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY MODIFY THE JUDGMENT AND AWARD DATED 01.07.2015 PASSED BEFORE IN THE COURT OF THE SENIOR CIVIL JUDGE AND ADDL. M.A.C.T., KOPPAL, M.V.C.NO.221/2014 AND ENHANCE THE COMPENSATION BY RS.2,18,303/- IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:772 MFA No. 103215 of 2015 C/W MFA No. 102982 of 2015 IN M.F.A. NO.102982 OF 2015 BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC, HUVINA HADAGALI DEPOT, DIST: BELLARI, PRESENTLY REPRESENTED BY THE CHIEF LAW OFFICER, CENTRAL OFFICE, SARIGE SADAN, KALABURAGI. …APPELLANT (BY SRI PRAKASH S.HOSAMANE, ADVOCATE) AND: 1. MARUTI S/O. NAGAPPA TAMBURI, AGE: 27 YEARS, OCC: COOLIE, R/O: ALAWANDI, TQ: AND DIST: KOPPAL. 2. LAXMAN BASAVRADDI S/O. LATE VEERAPPA, AGED ABOUT 33 YEARS, OCC: DRIVER OF KSRTC BUS NO.KA-35/F-96, HUVINA HADAGALI DEPOT, DIST: BELLARI, R/O: SHALAVADI, TQ: NAVALGUND, DIST: DHARWAD. …RESPONDENTS (BY SRI M. AMREGOUDA, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, 1988, PLEASED TO SET ASIDE/MODIFY THE JUDGMENT AND AWARD DATED 01.07.2015 BEFORE THE SENIOR CIVIL JUDGE AND ADDL. M.A.C.T., KOPPAL, IN M.V.C.NO.221/2014, IN THE ENDS OF JUSTICE. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:772 MFA No. 103215 of 2015 C/W MFA No. 102982 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.103215/2015 is filed by the injured/claimant seeking enhancement of compensation, whereas MFA No.102982/2015 is filed by the Corporation challenging the quantum of compensation, being aggrieved by the judgment and award dated 01.07.2015 passed in MVC No.221/2014 on the file of the Senior Civil Judge and Additional MACT, Koppal (for short, ‘Tribunal’). 2. Heard the arguments and perused the material placed before the Court. 3. The brief facts leading to filing of these appeals are that on 07.03.2013 at about 4-45 a.m., the claimant was proceeding towards Dharmasthala, on NH-234, near Benakal village of Chikkamangalore taluka in the KSRTC bus bearing registration No.KA-35/F-96. At that above referred place, the driver of the KSRTC bus drove the vehicle in high speed and in rash and negligent manner without observing traffic rules, as a result, the KSRTC bus turned turtle in the field. Due to the said - 4 - NC: 2025:KHC-D:772 MFA No. 103215 of 2015 C/W MFA No. 102982 of 2015 accident, the claimant had sustained grievous injuries. Hence, the claimant filed the claim petition seeking compensation. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “Fracture on his chest, eyes, nasal and ear and has lost 4 tooth of the upper jaw.” 5. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and sufferings. 10,000/- 2. Medical expenses. 3,205/- 3. Loss of future income. 1,16,892/- 4. Loss of amenities, nutrition, diet and attendant charges 1,600/- Total: 1,31,697/- 6. In the present case, as per Ex.P3, Exs.P7 to P9, Ex.P10 and Ex.P11, it is proved that the claimant had suffered grievous injuries and was inpatient for a period of 8 days in hospital and spent Rs.3,205/- for his treatment. It is deposed that the claimant has suffered 30% of permanent disability to his tooth and the Tribunal has considered 10% disability to the whole body, which is just and proper. The compensation - 5 - NC: 2025:KHC-D:772 MFA No. 103215 of 2015 C/W MFA No. 102982 of 2015 awarded by the Tribunal on various heads is on lower side. Therefore, considering oral and documentary evidence on record and injuries sustained by the claimant, it is just and proper to award additional global compensation of Rs.25,000/-, in addition to what has been awarded by the Tribunal, along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 7. The respondent-Corporation is directed to deposit the enhanced global compensation within a period of six weeks from the date of receipt of a certified copy of this judgment. 8. In the result, I proceed to pass the following: ORDER a) MFA No.103215/2015 filed by the claimant stands partly allowed. b) MFA No.102982/2015 filed by the Corporation stands dismissed. c) The judgment and award dated 01.07.2015 passed in MVC No.221/2014 on the file of - 6 - NC: 2025:KHC-D:772 MFA No. 103215 of 2015 C/W MFA No. 102982 of 2015 the Senior Civil Judge and Additional MACT, Koppal, stands modified. d) The claimant is entitled for the additional global compensation of Rs.25,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization, in addition to what has been awarded by the Tribunal. e) The respondent-Corporation shall deposit the amount within a period of six weeks from the date of receipt of a copy of this judgment. f) Send a copy of this judgment to the Tribunal. g) No order as to costs. h) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 69