- 1 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 2703 OF 2021 (MV-I) BETWEEN: 1. H. UMESH K (SINCE DECEASED BY LR'S) 1(A). RESHMA W/O LATE UMESH K AGED ABOUT 32 YEARS 1(B). SPOORTHY D/O LATE UMESH K AGED ABOUT 4 YEARS REPRESENTED BY THE NATURAL GUARDIAN/MOTHER I.E, APPELLANT NO.1(A). ALL ARE RESIDING AT #1-66(A) KAPUDAMAJALU HOUSE BILIYOOR VILLAGE BANTWAL TALUK. DK-574 325 …APPELLANTS (BY SRI. AJAY PRABHU M, ADVOCATE) AND: 1. M. SHRINIVAS (DRIVER) S/O MUNNARASAYA AGED ABOUT 34 YEARS DRIVER BADGE NO.10458 R/AT SOLOOR HOBLI Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 HOUSE VILLAGE, MAGADY TALUK RAMANAGAR DISTRICT 2. MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, BANGALORE ATTACHED TO MANGALORE DIVISION MANGALORE, D.K …RESPONDENTS (BY SMT. B.P. RADHA, ADVOCATE FOR R2; VIDE ORDER DTD.26.07.2021, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.03.2021 PASSED IN MVC NO.90/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PUTTUR D.K, 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 RAMACHANDRA D. HUDDAR - 3 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 ORAL JUDGMENT Original appellant by name Umesh K., the victim of the accident, being aggrieved by the judgment and award, to the extent of not awarding compensation towards medical expenses as noted in Ex.P8 is before this Court seeking award of compensation towards medical expenses as particular in Ex.P8. 2. The records reveal that, the original appellant/petitioner died during the pendency of this appeal and his LRs are brought on record as appellant Nos. 1(a) and 1(b) and accordingly cause-title came to be amended. Now the said LRs are prosecuting this appeal. 3. In this appeal, a limited question arises with regard to the non-awarding of the compensation towards the medical expenses as particulared in Ex.P8. 4. The facts so stated by the petitioner in the petition are: - 4 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 That, he filed a claim petition under Section 163(A) of the Motor Vehicle Act claiming compensation of Rs.15,00,000/- together with interest @ 23% per annum on account of injuries sustained by him in a road traffic accident that took place on 22.05.2010 at 06.45 p.m, when petitioner was riding his motorcycle bearing Registration No.KA-21-J-6903 from Puttur towards Uppinangady side and when he reached near a Berike, Nekkilady Village, at that time a KSRTC bus bearing registration No. KA-19-F-2568 came from opposite side, driven by its driver in a rash and negligent manner endangering human life, dashed against the motorcycle of the petitioner. Because of this, he sustained injuries as stated in the wound certificate. 5. The learned Tribunal, after full-fledged trial and on hearing both the sides, has awarded the compensation under 3 main heads i.e., pain and suffering, medical expenses and loss of earning due to disability and thus awarded Rs.1,25,200/- in all. Now the appellants are - 5 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 aggrieved by the judgment and award in this appeal contending that, though Ex.P8 is produced before the Tribunal to prove the medical expenses spent by the petitioner at Rs.1,63,126.85/-, but, the Tribunal has not considered the same. It is stated that, the said medical expense are not considered because the injuries are not proved in accordance with law. He submits that, though the claim petition is filed by the petitioner under Section 163(A) of the Motor Vehicles Act, but, in view of the judgment in Sapna v. United India Insurance Co. Ltd., reported in (2008) 7 SCC 613, wherein it is stated that, just and fair amount of compensation is required to be determined having regard to the facts and circumstances of the case involved. In the given case, the courts may deviate from the structured formula. In terms of Second Schedule, where the deceased or injured were not having any income, the statute presumes an income of or about Rs.15,000/- per month. In support of his submission, learned counsel for the appellant relied upon a judgment - 6 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 of this Court in Miscellaneous First Appeal No. 5442/2012 decided on 27.02.2015. In the said judgment after verification of page-12, it is observed by the Co-ordinate Bench of this Court that, "it is a fit case to deviate from the structural formula in terms of II Schedule, since the injured is not having income, the statute presumes the income of the injured above Rs.15,000/- per month. Taking into consideration the age of the claimant/injured and the mental agony he has to suffer and future treatment he has to undergo, and in view of the unfortunate accident, the appellant has become permanently crippled throughout his life".. By observing so, this Court deviated from awarding the compensation under the structural formula and awarded compensation in the said appeal. 6. In this case, though Ex.P8 is produced by the claimant marked in evidence, but, it is not considered by the Tribunal and Tribunal has awarded just Rs.15,000/- towards the medical expenses. In view of the injuries - 7 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 suffered by the petitioner as well as the medical records so produced, the aforesaid observation of this Court in the judgment stated supra, can very well be applied to the present facts of the case. The opportunity has to be given to the respondents to rebut the same. Therefore, to the limited extent of considering Ex.P8 in awarding compensation towards medical expenses, in view of the Schedule appended to Section 163A of Motor Vehicles Act, it requires remand and Tribunal has to consider the same on its merits by giving opportunity to the respondents. Accordingly, the matter is remanded to the Tribunal for considering the entitlement of compensation by petitioners towards medical expenses as shown in Ex.P8 by giving opportunity to both the parties. 7. Accordingly, I pass the following: ORDER (i) The appeal is disposed of. (ii) The matter is remanded to the Additional Senior Civil Judge and JMFC and Member, - 8 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 MACT, Puttur, D.K., with a direction to reconsider the entitlement of the petitioners with regard to the medical expenses, only as shown in Ex.P8 by considering the deviation from the structural formula in terms of II schedule to Section 163A of the Motor Vehicles Act. So far as award so passed in respect of other components, it remains unaltered. (iii) As the accident is of the year 2010 and claim petition is of the year 2017, learned Member, MACT, Puttur, D.K., is requested to dispose of the petition within one month with regard to awarding of compensation towards medical expenses from the date of receipt of trial Court records. (iv) The Registry is directed to return trial Court records forthwith to the tribunal. - 9 - HC-KAR NC: 2025:KHC:29843 MFA No. 2703 of 2021 (v) The parties to the petition-appeal shall appear before the Tribunal on 18.08.2025 without expecting any notice from the Court. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SK List No.: 1 Sl No.: 39