- 1 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3587 OF 2023 (MV-I) BETWEEN: G. HALAPPA S/O GUDDADARANGAPPA NOW AGED ABOUT 57 YEARS R/AT KURUBARAHALLI, HIRIYUR TALUK NOW R/O MANANGI VILLAGE, CHITRADURGA TALUK AND DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. THE MANAGING DIRECTOR NEKSRTC, KOPPALA DIVISION GANGAVATHI DEPOT, KOPPALA - 581 231. 2. INTERNAL SECURITY FUND K.H. ROAD, SHANTHINAGARA BANGALORE - 560 027. 3. THE DEPOT MANAGER KSRTC DEPOT, B.D. ROAD, CHITRADURGA - 560 501. …RESPONDENTS (BY SRI. F.S. DABALI, ADVOCATE FOR R1; R2 AND R3 SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2023 PASSED IN MVC NO.237/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HOLDING CONCURRENT CHARGE OF II ADDITIONAL SENIOR CIVIL JUDGE AND MACT NO.V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This is a claimant appeal against the judgment and award dated 01.03.2023 passed in MVC.No.237/2021 by the II Additional Senior Civil Judge and Additional MACT, Chithradurga. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 3. Though the case is slated for hearing on admission, with the consent of learned counsel for both the sides, it is taken up for final disposal. 4. Brief facts of the case are that: On 20.08.2020 claimant met with an accident due to rash and negligent driving of bus belonging to respondents bearing registration No.KA-37/F-0818 as a result claimant sustained grievous injuries and suffered permanent disability. With these reasons, he prayed to award compensation. 5. Respondents have denied the petition averments and contended that the accident occurred due to the negligence of the claimant and prayed for dismissal of the claim petition. 6. The Tribunal has framed necessary issues, recorded the evidence on both the sides and after appreciation of the evidence on record, held that the - 4 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 accident occurred due to rash and negligent driving of the driver of the bus. 7. The Tribunal by assessing the age of the claimant as 61 years, taking his income at Rs.14,000/-, considering the permanent disability at 12% to the whole body and applying the multiplier as '7', has awarded the following amount of compensation: Particulars Amount in Rs. Loss of income due to disability 1,41,120/- Medical Bills 1,21,121/- Pain and Suffering 20000/- Loss of income during laid up period (two months) 28,000/- Loss and nourishment 10,000/- Loss of amenities 10,000/- Attendant & Conveyance charges 20,000/- Total 3,50,241/- 8. Heard the arguments of learned counsels on both the sides. - 5 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 9. It is the main grievance of the appellant that as per the contention of the appellant, he was an agriculturist and earning an amount of Rs.20,000/- per month, but the Tribunal has taken the income at Rs.14,000/- p.m., which is on the lower side, even comparing to the notional income chart prepared by the Karnataka State Legal Services Authority. Therefore, prayed to reconsider the same. It is the further contention of the appellant/claimant that as per the evidence of PW.2, claimant has suffered permanent disability of 42% to the right lower limb. The Tribunal ought to have taken 14%, but has taken only 12%. Therefore, disability assessed by the Tribunal is on the lower side. He further contended that amount of compensation awarded on other heads are also on the lower side. Therefore, prayed to enhance the same. 10. Undisputedly, there are no materials on record to prove the income of the claimant at Rs.20,000/- p.m. Therefore, following the chart prepared by the Karnataka - 6 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 State Legal Services Authority, the notional income of the claimant is taken as Rs.14,500/-. 11. Claimant had sustained bimascular fracture on the right ankle and according to PW.2-Doctor, who has given the disability certificate, the said fracture was united but it was a malunited. Considering the nature of injury, age and occupation of the claimant, the Tribunal has assessed the disability at 12%, to the whole body. 12. Looking to the evidence of P.W.2, he is not a treated Doctor. The assessment of disability is not improper. However, looking to the materials on record, the amount of compensation awarded under some of the heads are on the lower side which are required to be enhanced. Accordingly, the claimant is entitled to the following amount of compensation: Particulars Amount in Rs. Pain and suffering 40,000/- Medical expenses 1,21,121/- - 7 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 Food, nourishment, conveyance and attendant charges 25,000/- Loss of income during laid up period (₹14500/- x 4 months) 58,000/- Loss of amenities 40,000/- Loss of income due to permanent disability (₹14,500 x 12 x 7 x 12%) 1,46,160/- Total 4,30,281 The amount awarded by the Tribunal 3,50,241 Enhanced amount 80,040/- Rounded off to 80,000/- 14. The claimant is entitled to interest on the said amount at the rate of 6% p.a. from the date of petition till the date of realisation and respondents are liable to pay the same. 15. For the aforesaid discussions, I proceed to pass the following: ORDER i) The Appeal is allowed-in-part. - 8 - HC-KAR NC: 2025:KHC:47959 MFA No. 3587 of 2023 ii) The impugned judgment and award dated 01.03.2023, passed by the II Additional Senior Civil Judge & Additional MACT at Chithradurga in MVC No.237/2021 stands modified. iii) The claimant is entitled to enhanced compensation of Rs.80,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization. iv) The respondent No.2 - Insurance Company shall deposit the said amount within a period of six weeks from the date of receipt of certified copy of the judgment and award. v) The enhanced amount is meager and the claimant is aged 65 years. Therefore, the entire amount shall be released in his favour on due identification. vi) Draw award accordingly. Sd/- (UMESH M ADIGA) JUDGE rv List No.: 1 Sl No.: 34