- 1 - HC-KAR NC: 2025:KHC-K:7805 MFA No. 202047 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P. SREE SUDHA MISCL. FIRST APPEAL NO. 202047 OF 2024 (MV-I) BETWEEN: ATMANAND S/O TIPPANNA GASTI, AGE: 22 YEARS, OCCUPATION: BUSINESS, RESIDENT KUMTAGI, TALUK & DISTRICT VIJAYAPURA-586127. …APPELLANT (BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KSRTC, VIJAYAPURA DIVISION, VIJAYAPURA-586101. …RESPONDENT (BY SRI SHARANABASAPPA M. PATIL, ADVOCATE) THIS MFA FILED U/S.173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAM PETITION BY MODIFYING THE JUDGMENT AND AWARD DATED 23.01.2023 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MACT-V, VIJAYAPURA, IN M.V.C. NO.150/2021. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P. SREE SUDHA Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC-K:7805 MFA No. 202047 of 2024 ORAL JUDGMENT 1. This appeal is filed by the claimant against the judgment and award dated 23.01.2023 passed by the Principal Senior Civil Judge and M.A.C.T.-V, Vijayapura [for short ‘Tribunal’], in MVC No.150/2021, seeking enhancement of compensation. 2. The injured claimant aged 20 years, doing business, met with an accident on 15.09.2020 and sustained grievous injuries. He filed claim petition before the Tribunal under Section 163(A) of Motor Vehicles Act seeking compensation of Rs.5,50,000/-. The Tribunal after considering the entire evidence on record, awarded global compensation of Rs.20,000/- with interest at 6% per annum from the date of petition till realization and directed respondent - KSRTC to pay the compensation. Aggrieved by the said award, the appellant-claimant has preferred this appeal. - 3 - HC-KAR NC: 2025:KHC-K:7805 MFA No. 202047 of 2024 3. Heard arguments of both the parties and perused the materials available on record. 4. The main contention of the appellant is that the appellant was a student, sustained multiple injuries, but the Tribunal granted meagre compensation of Rs.20,000/-. It is also contended that the Tribunal not awarded any amount under other heads and thus, requested for enhancing the compensation in his favour with 9% interest per annum. 5. It is submitted by the learned counsel for respondent – KSRTC that the compensation awarded by the Tribunal is just and proper and needs no interference. 6. The claimant has not produced any document to prove his income. The accident is of the year 2020. As the claim petition is filed under Section 163-A the income of the claimant is considered as Rs.40,000/- per annum. Doctor was examined as PW2, who stated that the claimant sustained injuries all over the body and - 4 - HC-KAR NC: 2025:KHC-K:7805 MFA No. 202047 of 2024 diagnosed that he is suffering from comminuted fracture of distal 1/3rd right tibia and fibula and that he was treated by plating for tibia, nailing for fibula and advised for follow up. X-ray of right leg shows healed fracture of right tibia and fibula with implant in situ. Accordingly, PW2 assessed 24% disability relating to right lower limb. This Court finds it reasonable to take 1/3rd of 24%, which comes to 8%. At the time of accident, claimant was aged 20 years and appropriate multiplier applicable to his age group is ‘18’. Accordingly, he is entitled for loss of future earning as under: Rs.40,000/- x 18 x 8% = Rs.57,600/- 7. However, the amount awarded by the Tribunal at Rs.15,000/- for medical expenses and Rs.5,000/- for pain and suffering, needs no interference. 8. Accordingly, the compensation is enhanced from Rs.20,000/- to Rs.77,600/-. - 5 - HC-KAR NC: 2025:KHC-K:7805 MFA No. 202047 of 2024 9. Respondent – KSRTC has already deposited the compensation amount awarded by the Tribunal. 10. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the enhanced compensation of Rs.57,600/- with interest at 6% per annum from the date of petition till the date of realization. (iii) Respondent – KSRTC is directed to deposit the aforesaid compensation amount along with interest (excluding interest for 293 days, the delay caused in filing the appeal) within one month from the date of this judgment. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P. SREE SUDHA) JUDGE SBS List No.: 1 Sl No.: 69 CT: RJ