- 1 - NC: 2025:KHC-D:2310 MFA No. 24221 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.24221 OF 2013 (MV) BETWEEN: SMT. GADIGEWWA W/O. RUDRAPPA KURI, AGE: 62 YEARS, OCC: HOUSEHOLD AND COOLIE, NOW NIL, R/O: KURBAR GALLI MACCHHE, TAL: AND DIST: BELAGAVI. …APPELLANT (BY SMT. SAILA BELLIKATTI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKRTC BELAGAVI, BELAGAVI. (OWNER CUM INSURER OF KSRTC BUS NO.KA-17/F-1066). …RESPONDENT (BY SRI S.C. BHUTI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND AWARD IN M.V.C NO.1961/2011 DATED 31.07.2013 PASSED BY THE VI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI UNDER ALL PERMISSIBLE HEADS. 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:2310 MFA No. 24221 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the claimant challenging the judgment and award dated 31.07.2013 passed by the VI Additional District and Sessions Judge, Belgaum, in MVC No.1961/2011, seeking enhancement of compensation. 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. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries: - 3 - NC: 2025:KHC-D:2310 MFA No. 24221 of 2013 i. Fore head on left side cut lacerated wound measuring 4cms x 1cms over frontal and the parietal region, profune bleeding. ii. Abrasion over temporal region on both side. iii. Fracture of (Lt) supra orbital margin extending and involving the roof of left orbit. 6. The tribunal has awarded global compensation of Rs.30,000/- along with interest at the rate pf 7% p.a. from the date of petition till its realization. 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. 7. Considering the injuries sustained, a compensation of Rs.20,000/- towards pain and suffering, Rs.15,000/- towards loss of amenities are awarded. The compensation awarded towards medical expenses and hospital charges of Rs.5,000/- is as per the actual bills and receipts produced. Further, Rs.5,000/- towards incidental expenses like food, nourishment, traveling, attendant - 4 - NC: 2025:KHC-D:2310 MFA No. 24221 of 2013 charges, etc., and Rs.12,000/- towards loss of income during laid up period for a period of 2 months, is awarded. 8. The doctor has stated that the claimant had suffered simple injuries to the body. Therefore, considering the evidence of the doctor, 5% functional disability is taken into consideration as the claimant had suffered injuries like fore head on left side cut lacerated wound measuring 4cms x 1cms over frontal and the parietal region, profune bleeding, abrasion over temporal region on both side and fracture of (Lt) supra orbital margin extending and involving the roof of left orbit and etc. 9. The accident is caused in the year 2011. Therefore, notional income of Rs.6,000/- per month is taken into consideration, which is recognized by the Karnataka State Legal Service Authority. The claimant was aged 75 years old at the time of accident. Therefore appropriate applicable multiplier is 5. Hence, loss of future - 5 - NC: 2025:KHC-D:2310 MFA No. 24221 of 2013 income due to disability is hereby reassessed and quantified as Rs.18,000/- (Rs.6,000/- x 5% x 12 x 5). 10. Thus, the claimant is entitled for total compensation under various heads as under: Sl. No. Heads. Amount in (Rs.) 1. Towards injuries, pain and suffering. 20,000/- 2. Towards medical expenses. 5,000/- 3. Towards loss of amenities. 15,000/- 4. Towards loss of income during laid up period and medical treatment period. 12,000/- 5. Towards incidental charges like attendant charges, food, nourishment, conveyance, etc.,. 5,000/- 6. Towards loss of future earning capacity. 18,000/- Total: 75,000/- 11. Therefore, the claimant is entitled for total compensation of Rs.75,000/-, along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.30,000/- awarded by the Tribunal. The respondent is directed to deposit the - 6 - NC: 2025:KHC-D:2310 MFA No. 24221 of 2013 compensation within eight weeks from the date of receipt of a certified copy of this judgment. 12. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 31.07.2013 passed by the VI Additional District and Sessions Judge, Belgaum, in MVC No.1961/2011, stands modified. iii) The claimant is entitled for total compensation of Rs.75,000/- along with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The respondent/KSRTC shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. - 7 - NC: 2025:KHC-D:2310 MFA No. 24221 of 2013 v) Send back the trial Court records along with a copy of this judgment. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 37