- 1 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103338 OF 2015 (MV-I) BETWEEN: DEVAPPA S/O. BALAPPA HATTI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: CHANDINAL, TQ: YELBURGA, DIST: KOPPAL. …APPELLANT (BY SRI M. AMAREGOUDA, ADVOCATE) AND: 1. SHARANAYYA S/O. SHEKHARAYYA HIREMATH, AGE: 36 YEARS, OCC: DRIVER OF VEHICLE BUS BEARING NO.KA-37/F-407, KOPPAL DEPOT, DIST: KOPPAL, PERMANENT R/O. IRKALAGADA, TQ: AND DIST: KOPPAL. 2. THE DIVISIONAL CONTROLLER, KSRTC, KOPPAL DEPOT, DIST: KOPPAL. …RESPONDENTS (BY SRI SHIVAKUMAR S.BADAWADAGI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.09.2015 PASSED BEFORE IN THE COURT OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, KOPPAL IN MVC NO.311/2014 AND ETC,. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though this appeal is listed for admission, with consent of learned counsel for the parties, it is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 01.09.2014, passed by the Senior Civil Judge and Additional MACT, Koppal, in MVC No.311/2014 (hereinafter referred to as the ‘Tribunal’), seeking enhancement of compensation and also questioning 25% of liability saddled on him. 3. Heard the arguments and perused the material placed before the Court. 4. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 5. The disputed fact is whether the Tribunal is correct in making apportionment of rash and negligence - 3 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 between the driver of bus and claimant at 75%:25% respectively. 6. It is the case of the claimant that on 16.05.2014 at about 5.00 p.m., he was proceeding on motorcycle bearing registration No.KA-37/Q-117 towards Koppal- Kushtagi road, near M.R. Dhaba situated in Irakalagada village within limits of Koppal Rural Police Station, slowly on the left side of the road by observing the traffic rules. At that time, the driver of the KSRTC bus bearing registration No.KA-37/F-407 came from opposite side in high speed, rash and negligent manner and dashed to the motorcycle of the claimant. As a result, the claimant fell down from the motorcycle and sustained grievous injuries. Due to rash and negligence driving of the bus driver, the Tribunal has apportioned rash and negligence between the driver of KSRTC bus and claimant at 75%:25% respectively, on the reason that, the claimant was not having driving licence to drive the motorcycle. Whether the claimant was having driving licence or not is amounting to fundamental factor for cause of accident, which is to be considered. In this case the - 4 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 entire allegation as per Police documents is on the driver of KSRTC bus. Mere non-holding of driving licence by the claimant while riding the motorcycle cannot be a factor to say that it contributes rash and negligence to cause the accident. It is alleged that complaint is lodged against the driver of KSRTC bus that due to high speed, rash and negligent driving of the bus, caused the accident in question. Hence, it is proved that the driver of bus drove it in a rash and negligent manner, therefore, apportionment of rash and negligence at 25% on the claimant is not correct. Therefore, it is held that the accident is caused entirely due to rash and negligence of the driver of KSRTC bus. Therefore, respondent No.2-Corporation shall pay the entire compensation to the claimant. Reg: QUANTUM OF COMPENSATION 7. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. “1) Fracture of his right Femur. 2) Fracture of both the bones of right leg. - 5 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 3) Fracture of 2nd, 4th and 5th rib etc.” 8. The Tribunal has awarded compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 5,000/- 2. Medical expenses. 75,221/- 3. Loss of future income. 1,85,652/- 4. Loss of amenities, nutrition, diet and attendant charges. 7,600/- Total: 2,73,473/- 9. Considering the nature of injuries sustained, compensation awarded by Tribunal is lesser side. Therefore, the same is required to be enhanced by modifying the judgment and award. 10. Considering the injuries sustained, a compensation of Rs.50,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.75,221/- is as per the actual bills and receipts produced; therefore, the same is kept intact. Further, Rs.40,000/- towards incidental expenses like food, nourishment, traveling, attendant charges, etc., and - 6 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 Rs.45,000/- towards loss of income during laid up period for a period of six months, is awarded. 11. The doctor has stated that the claimant had suffered 30% of physical disability to the whole body. Therefore, considering the evidence of the doctor, 30% functional disability is taken into consideration as the claimant had suffered fracture of his right Femur, fracture of both the bones of right leg and fracture of 2nd, 4th and 5th rib etc. 12. The accident is caused in the year 2014. Therefore, this Court assesses notional income of the claimant at Rs.7,500/- per month placing reliance on the notional income chart prepared by the Karnataka State Legal Service Authority. The claimant was aged 56 years at the time of accident. Therefore, the appropriate multiplier is 9. Hence, the claimant is entitled to compensation on the head of loss of future income due to disability as under: Rs.7,500 x 12 x 9 x 30% = Rs.2,43,000/- - 7 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 13. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Pain and suffering. 50,000/- 2. Medical expenses. 75,221/- 3. Loss of future income due to disability. 2,43,000/- 4. Loss of amenities. 50,000/- 5. Incidental expenses i.e., food, nourishment and diet 40,000/- 6. Loss of income during laid up period 45,000/- Total: 5,03,221/- 14. Therefore, the claimant is entitled for total compensation of Rs.5,03,221/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.2,05,105/- awarded by the Tribunal. The respondent No.2 - Corporation is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 15. In the result, I proceed to pass the following: - 8 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 ORDER i) The appeal is allowed in part. ii) The judgment and award dated 01.09.2014, passed by the Senior Civil Judge and Additional MACT, Koppal, in MVC No.311/2014 stands modified. iii) The claimant is entitled for total compensation of Rs.5,03,221/- along with interest at the rate of 6% p.a. from the date of petition till its realization, as against Rs.2,05,105/- awarded by the tribunal. iv) The respondent No.2 - Corporation shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send back the Trial Court records along with a copy of this judgment. vi) No order as to costs. - 9 - NC: 2025:KHC-D:586 MFA No. 103338 of 2015 vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 2 Sl No.: 18