- 1 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200926 OF 2023 (MV-I) BETWEEN: SAIKSHAVALI S/O SHAMID MIYA @ SHAHA AHMED MIYA, AGE: 60 YEARS, OCC: COOKING AND WATER BUSINESS, R/O H.NO.12-12-18, CHANDRABANDA ROAD, AASHRAYA COLONY, RAICHUR AND R/O H.NO.2478/18, KOT TALLAR, RAICHUR-585 401. …APPELLANT (BY SRI. SHARANAGOWDA V. PATIL, ADVOCATE) AND: 1. NARESH GOUDA S/O NARAYANA GOUDA, AGE: 32 YEARS, OCC: DRIVER OF TSRTC BUS REGN.NO.TS-08/UB-4788, R/O H.NO.2-3-55-38, NEW SHANTHI NAGAR, UPPAL, R.R.DISTRICT AND NOW R/O BOKALLONAPALLY VILLAGE, DIST. MAHIBOOB NAGAR-509 001. 2. THE PERSONAL OFFICER, OFFICE OF THE NEW DIVISIONAL MANAGER, TSRTC (RAGAREDDY REGION), M.G.B.S. GOULIGUDA CHAMAN, HYDERABAD-500 001, (HIRER OF BUS BEARING REGN.NO.TS-08/UB-4788). 3. MAHESH LINGAM MANNE S/O MANNE DURGAIAH, AGE: 51 YEARS, OWNER OF TSRTC BUS BEARING NO.TS-08/UB-4788, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 PLOT NO.43, GANGIREDDY NAGAR, TURKAYAMJAL, ABDULLAPURMET RANGAREDDY, (TS) TELANGANA-509 339. 4. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., R/O GUNJ CIRCLE ABOVE, DELHIWALA SWEET HOUSE, OSMAN GUNJ, RAICHUR-585 401. …RESPONDENTS (BY SRI. ABDUL QUAYUM, ADV. FOR R4; V/O DTD. 06.03.2023, NOTICE TO R1 TO R3 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 13.09.2022, PASSED BY THE II ADDL. SR. CIVIL JUDGE AND MACT AT RAICHUR, IN FILE BEARING MVC NO. 70/2021, AND SOUGHT FOR ENHANCEMENT OF RS.14,50,000/-. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Being aggrieved by the judgment and award in MVC No.70/2021 by the II-Addl. Sr.Civil Judge & MACT, Raichur (for short, ‘the Tribunal’), dated 13.09.2022, the petitioner is before this Court seeking enhancement of compensation. - 3 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 2. The factual matrix of the case is that, on 08.12.2020 when the petitioner was going on his scooty bearing No.KA-36/L-7764 on Raichur-Hyderabad road, near Yadavanagar cross, the TSRTC bus bearing No.TS- 08/UB-4788 driven by respondent No.1 came in a rash and negligent manner and in the process of overtaking another vehicle dashed to the scooty of the claimant and thereby the petitioner fell down and sustained injuries. It was stated that the respondent No.2-Corporation is hirer of the said bus and owned by respondent No.3, insured by respondent No.4. The petitioner fell down and sustained fracture of the right leg, right hand fingers, right wrist and also over the back of the head, etc., and he was shifted to RIMS hospital, Raichur and thereafter he was shifted to Dr.M.K.Bhandari hospital, where he underwent surgeries. It was contended that the petitioner was aged about 58 years at the time of the accident, earning Rs.20,000/- per month by working as a coolie and he having suffered the permanent disability is entitled for adequate compensation. - 4 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 3. On service of notice, the respondent Nos.2 and 4 appeared before the Tribunal. The respondent No.3 did not appear despite of service of notice and hence, placed ex parte. The petition as against respondent no.1 was not pressed. 4. The respondent Nos.2 and 4 filed the written statement and contended that the negligence was on the part of the rider of the motorcycle and the compensation claimed is highly exorbitant, imaginary and untenable in law. It was contended by respondent No.2 that the vehicle was owned by respondent No.3 and insured by respondent No.4 and therefore the liability has to be fastened upon the respondent No.4. The respondent No.4 contended that there were violations of the terms and conditions of the policy and therefore, it be exonerated from the liability. 5. The Tribunal framed appropriate issues and the petitioner was examined as PW.1; the Doctor, who assessed the disability was examined as PW.2 and Exs.P1 - 5 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 to P12 were marked. The copy of the insurance policy was marked as Ex.R1. 6. After hearing both sides, the Tribunal awarded compensation of Rs.2,49,254/- under the different heads as below: Sl. No. Heads Amount 1. Pain and suffering. Rs.15,000/- 2. Food and Nourishment, conveyance and attendant charges. Rs.10,000/- 3. Medical expenses and future medical expenses. Rs.95,954/- 4. Loss of income during the period of treatment. Rs.7,000/- 5. Loss of future earnings. Rs.1,11,300/- 6. Loss of amenities. Rs.10,000/- Total Rs.2,49,254/- 7. Being aggrieved by the same, the petitioner is before this Court seeking enhancement of compensation. 8. Heard arguments for both the sides. 9. Learned counsel appearing for the petitioner submits that the petitioner had suffered various fractures and had suffered the disability of 25% as stated by PW.2. - 6 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 However, the Tribunal took the disability at 10%, which is on the lower side. He also submits that the petitioner had an income of Rs.20,000/- per month. The Tribunal has taken a notional income of Rs.13,250/- per month, which is on the lower side. Therefore, he prays for re-assessment of the compensation amount. 10. Per contra, learned counsel appearing for the respondent No.4 would submit that the compensation awarded by the Tribunal is just and proper and there is no need for enhancement of the compensation. 11. It is evident that the scope of this appeal is only in respect of quantum of compensation. The factum of the accident and the coverage of the insurance policy issued by the respondent No.4, is not in dispute. 12. The wound certificate issued by Raichur Institute of Medical Sciences, Raichur at Ex.P5 mentioned that there was open fracture of the right knee; CLW over the right leg; abrasion over occipital area of scalp; - 7 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 punctured wound over anterior aspect of right leg; and tenderness over right hand. The discharge summary at Ex.P7 shows that there was fracture of Vth-metatarsal of right hand; fracture of both bones of right leg; fracture of lateral condyle of femur with fracture of patella and tibia. It was treated by external fixators, K-wire fixation, etc.. He was inpatient from 09.12.2020 to 12.12.2020. The PW.2 states that on account of injuries suffered, the petitioner has disability of 25% of the whole body. His testimony and the disability certificate at Ex.P10 do not mention the disability to the limb. However, the evidence is elaborate and describes the nature of the difficulties faced by the petitioner. In his opinion, he states that there is evidence of fracture of neck of V-metatarsal with malunion and fracture of the upper 1/3rd of the shaft of right tibia with large gap with step present and there is a malunion of the upper 1/3rd of the right fibula and non- malunion of right tibia. - 8 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 13. It is pertinent a note that the petitioner aged about 65 years had suffered the above injuries. The Tribunal, though do not discuss much as to how the functional disability is 10%, opined that functional disability is 10% and calculated the compensation. 14. On careful perusal of the above material on record, the functional disability of 10% assessed by the Tribunal do not require any modification. 15. So far as the notional income is concerned, the guidelines issued by the KSLSA for the purpose of settlement of disputes before the Lok-Adalath prescribe notional income of Rs.13,750/- for the year 2020. In umpteen number of judgments by this Court held that the guidelines issued by the KSLSA are in general conformity with the wages fixed under the minimum Wages Act and therefore they can be adopted as the notional income and the same is taken Rs.13,750/-. Hence, the loss of future income on account of disability is calculated as Rs.1,15,500/- (13750 x 12 x 10% x 7). - 9 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 16. Consequently, holding that the petitioner was unable to resume his work at least for a period of 3 months, loss of income during laid up period is calculated as Rs.41,250/- (13,750/- x 3). 17. The Tribunal has awarded sum of Rs.15,000/- under the head of pain and suffering, which is on the lower side. Considering the nature of injuries, the compensation under the head pain and suffering is enhanced to Rs.45,000/-. 18. The Tribunal has awarded a sum of Rs.10,000/- under the head of loss of amenities in life, which is required to be enhanced to Rs.30,000/-. 19. The compensation awarded under the remaining heads do not require any enhancement. 20. Thus, the petitioner is entitled for compensation under the following heads: - 10 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 Sl. No. Heads Amount 1. Pain and suffering. Rs.45,000/- 2. Food and Nourishment, conveyance and attendant charges. Rs.10,000/- 3. Medical expenses and future medical expenses. Rs.95,954/- 4. Loss of income during the period of treatment. Rs.41,250/- 5. Loss of future earnings. Rs.1,15,500/- 6. Loss of amenities. Rs.30,000/- Total Rs.3,37,704/- Less the amount awarded by the Tribunal Rs.2,49,254/- Enhancement Rs.88,450/- 21. In the result, the appeal deserves to be allowed and pass the following: ORDER (i) The appeal is allowed in-part. (ii) The appellant/petitioner is entitled for a sum of Rs.88,450/- in addition to the compensation awarded by the Tribunal, along with interest at 6% p.a. from the date of petition till its deposit. - 11 - NC: 2025:KHC-K:1884 MFA No. 200926 of 2023 (iii) The respondent No.4-Insurance company is directed to deposit the compensation amount within a period of six weeks from the date of this order. (iv) Rest of the order of the Tribunal stands unaltered. (v) The Registry to send back the Trial Court Records to the concerned Tribunal. Sd/- (C M JOSHI) JUDGE SDU LIST NO.: 1 SL NO.: 61 CT: AK