- 1 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2717 OF 2016 (MV-I) BETWEEN: K. S. SHIVANNA S/O. LATE. SANNAMADEGOWDA, AGED ABOUT 56 YEARS, R/AT KIRUGUNDA VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK - 571 201, MYSURU DISTRICT. …APPELLANT (BY SRI. PREREET JAIN, ADVOCATE FOR SRI. P. MAHESH, ADVOCATE FOR APPELLANT) AND: 1. FAKEERGOWDA S/O. V. MARIGOWDAR @ VEERABADREGOWDAR, AGED ABOUT 35 YEARS, BADGE NO.578, K.S.R.T.C. BUS DRIVER, NANJANGUD TALUK - 571 201. MYOSRE. ALSO WORKING AND ATTACHED TO K S R T C BUS DEPOT CHAMARAJANAGAR -MYSURU ROAD, NANJANGUD TOWN - 571 201 MYSURU DISTRICT. 2. THE MANAGING DIRECTOR, K S R T C RURAL DIVISION, Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 BANNIMANTAP, MYSURU - 5, CHAMARAJANAGAR BUS DEPOT, CHAMARAJANAGAR DISTRICT - 571 313 (INTERNAL INSURANCE) …RESPONDENTS (BY SMT. H.R. RENUKA, ADVOCATE FOR R2; V/O. DATED 06.04.2022, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2016 PASSED IN MVC NO.35/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MACT, NANJANGUD, 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 appeal is filed by the claimant challenging the judgment and award dated 16th January 2016, passed by the Court of Senior Civil Judge, JMFC and MACT, Nanjangud, (for short `Tribunal'), in MVC No.35/2014, seeking enhancement of compensation. - 3 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 Though this appeal is slated for admission, with the consent of both the sides, it is taken up for final disposal. 2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. 3. Brief facts of the case are that, on 06.05.2013, petitioner met with an accident at Madahalli, due to rash and negligent driving of the bus belonging to respondent- corporation bearing registration No.KA-09-F-4025 by its driver. As a result, the claimant sustained fracture of right 2nd rib, fracture of lower end of right-radius, fracture of styloid process of right ulna and other minor injuries. He took treatment as inpatient for a week and spent substantial amount towards medical expenses. He was an agriculturist, earning Rs. 8,000/- per month through cultivation of his own land and other lands. Due to injuries sustained in the accident, he has suffered permanent disability. With these reasons, he prayed to award compensation of Rs.2,55,000/-. - 4 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 4. The respondent-Corporation filed a written statement denying the contents of the claim petition. It further contended that the claimant was a pedestrian and that the incident occurred due to his own negligence, and not because he was traveling in the vehicle. The Corporation also denied the claimant’s entitlement to compensation and prayed for dismissal of the claim petition. 5. From the rival contentions of the parties, the Tribunal framed necessary issues. 6. This claim petition was clubbed with MVC No.34/2014 and common evidence was recorded in both the cases. The claimants in both the cases together examined 4 witnesses as PW-1 to PW-4 and marked 38 documents, as per Exs.P-1 to P-38. Respondents have not led any oral and documentary evidence. - 5 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 7. The Tribunal after hearing both the parties, by the impugned judgment and award, awarded the following amount of compensation: Particulars Amount in Rs. Pain and sufferings 60,000/- Medical expenses (including diet, nourishment, attendant charges etc.,) 5,000/- Loss of earnings due to disability 47,520/- Loss of amenities 10,000/- Total 1,22,520/- Rounded off 1,23,000/- 8. The Tribunal has assessed the age of the claimant as 52 years, his earnings as Rs.6,000/- p.m., disability at 7% to the whole body, applied the multiplier as '11' and on that basis, calculated the compensation. The claimant found the compensation is inadequate and has filed this appeal, to seek enhancement. Fact of accident is undisputed and hence, need to relook into the said findings. - 6 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 9. I have heard the arguments and anxiously perused the records. Considering the contentions of the claimant as well as documents placed on record and evidence of the doctor who issued the disability certificate, the amount of compensation awarded under some of the heads appears to be on the lower side. 10. The claimant contended that he was earning Rs.8,000/- p.m. and it was not excessive or exorbitant. If we follow the chart prepared by the Karnataka State Legal Services Authority, the income of the claimant can be accepted as Rs.8,000/- p.m. instead of Rs.6,000/- p.m. as assessed by the Tribunal. The Tribunal has not awarded compensation under the head 'loss of income during laid up period' and has not awarded adequate compensation towards 'special diet, attendant charges and conveyance charges'. The disability stated by PW-4 is 18% to 20% and he has also assessed disability of 4% to 5% due to fracture of ribs. The disability assessed by PW-4 is physical disability; when it is converted to the whole body's - 7 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 functional disability, it will be 1/3rd of the upper limb. Considering the same, the Tribunal has assessed disability as 7%. It does not call for any interference. On re-appreciating the materials available on record, claimant is entitled to following amount of compensation: Particulars Amount in Rs. Pain and sufferings 75,000/- Medical expenses 2,000/- Special diet, conveyance and attendant charges 20,000/- Loss of income during laid up period (Rs.8,000/- x 3) 24,000/- Loss of future earning capacity due to disability (Rs.8,000/- x 12 x 11 x 7%) 73,920/- Loss of amenities and future unhappiness 25,000/- Total 2,19,920/- Amount awarded by the Tribunal Enhancement- Rounded off- 1,23,000/- 96,920/- 97,000/- - 8 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 11. The claimant is entitled to interest on the said amount, at the rate of 6% per annum. Respondent No.2 is liable to pay the same. 12. In the result, I proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 16th January 2016, passed in MVC.No.35/2014, by the Senior Civil Judge, JMFC and MACT, Nanjangud, stands modified. iii) The claimant is entitled to enhanced compensation of Rs.97,000/-, with interest at the rate of 6% p.a. from the date of petition till its realization. iv) The enhancement is marginal. Therefore, entire amount is ordered to be released in favour of claimant on due identification. v) Draw award accordingly. - 9 - HC-KAR NC: 2025:KHC:25141 MFA No. 2717 of 2016 Registry is directed to send back the records along with a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AMA List No.: 1 Sl No.: 5