- 1 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.8109 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.8110 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8111 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8112 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8159 OF 2015 (MV-I) MISCELLANEOUS FIRST APPEAL NO.8161 OF 2015 (MV-I) IN MFA No. 8109/2015 BETWEEN: JAYANNA S/O NANJAPPA, AGED ABOUT 68 YEARS, R/O KAMASAMUDRA, ARSIKERE TALUK - 573 103 PRESENT ADDRESS: JAYANNA, C/O CHANDREGOWDA, MAVINAHALLI VILLAGE, SAKALESHPUR TALUK. …APPELLANT (BY SRI JAGADEESH H.T, ADVOCATE) AND: 1. T.R. RAVINDRA S/O RAMAIAH, NO. 1578, 1ST CROSS, 1ST MAIN, VINAYAKANAGAR, NEAR T.G.M.C.BANK, TUMKUR - 572 101. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, B.H.ROAD, TIPTUR. REP BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VENKATESWARA BUILDING, B.M. ROAD, HASSAN - 573 201. …RESPONDENTS (BY SRI G.M. SHARATH KUMAR, ADVOCATE FOR R1; SRI K. SURESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2014 PASSED IN MVC NO.1207/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT AT SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8110/2015 BETWEEN: SHIVASHANKAR S/O SHAMUBLINGEGOWDA, AGED 33 YEARS, R/O KAMASAMUDRA, ARSIKERE TALUK - 573 103, PRESENT ADDRESS: SHIVASHANKAR, C/O THAMMEGOWDA, YADAKERI VILLAGE, SAKALESHPUR TALUK. ...APPELLANT (BY SRI JAGADEESH H.T, ADVOCATE) - 3 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS AND: 1. T.R. RAVINDRA S/O RAMAIAH, NO. 1578, 1ST CROSS, 1ST MAIN, VINAYAKANAGAR, NEAR T.G.M.C.BANK, TUMKUR - 572 101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, B.H.ROAD, TIPTUR. REP BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VENKATESWARA BUILDING, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SRI. G.M. SHARATH KUMAR, ADVOCATE FOR R1; SRI. K. SURESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2014 PASSED IN MVC NO.1208/12 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8111/2015 BETWEEN: BASAVARAJAPPA S/O GANGANNA, AGED ABOUT 63 YEARS, R/O KAMASAMUDRA, ARSIKERE TALUK - 573 103. - 4 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS PRESENT ADDRESS: BASAVARAJAPPA, C/O CHANDREGOWDA, YADAKERI VILLAGE, SAKALESHPUR TALUK. ...APPELLANT (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. T.R. RAVINDRA S/O RAMAIAH, NO.1578, 1ST CROSS, 1ST MAIN, VINAYAKANAGAR, NEAR T.G.M.C.BANK, TUMKUR - 572 101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, B.H.ROAD, TIPTUR. REP BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VENKATESWARA BUILDING, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SRI. G.M. SHARATH KUMAR, ADVOCATE FOR R1; SRI. K. SURESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2014 PASSED IN MVC NO.1209/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, SAKLESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 5 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS IN MFA NO. 8112/2015 BETWEEN: SOMASHEKAR S/O NANJAPPA, AGED ABOUT 38 YEARS, R/O HONUVALLI VILLAGE, TIPTUR TALUK - 573 103 PRESENT ADDRESS, SOMASHEKAR C/O CHANDREGOWDA, MAVINAHALLI VILLAGE, SAKALESHPUR TALUK. ...APPELLANT (BY SRI JAGADEESH H.T, ADVOCATE) AND: 1. T.R. RAVINDRA S/O RAMAIAH, NO.1578, 1ST CROSS, 1ST MAIN, VINAYAKANAGAR, NEAR T.G.M.C.BANK, TUMKUR - 572 101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, B.H.ROAD, TIPTUR. REP BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VENKATESWARA BUILDING, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SRI G.M. SHARATH KUMAR, ADVOCATE FOR R1; SRI K. SURESH, ADVOCATE FOR R2) - 6 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2014 PASSED IN MVC NO.1211/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, AT SAKASLESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8159/2015 BETWEEN: NARAYANAPPA S/O GURAPPA, AGED 53 YEARS, R/O CHANNAGENDRA, KOLAR TALUK AND DISTRICT, PRESENT ADDRESS: NARYANAPPA, C/O CHANDRAPPA, JUMMANAHALLI VILLAGE, SAKALESHPUR TALUK - 573 115. ...APPELLANT (BY SRI JAGADEESH H.T, ADVOCATE) AND: 1. T.R. RAVINDRA S/O RAMAIAH, NO.1578, 1ST CROSS, 1ST MAIN, VINAYAKANAGAR, NEAR T.G.M.C.BANK, TUMKUR - 572 101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, B.H.ROAD, TIPTUR - 573 116. REP BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., - 7 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS BRANCH OFFICE, 2ND FLOOR, VENKATESWARA BUILDING, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SRI G.M. SHARATH KUMAR, ADVOCATE FOR R1; SRI K. SURESH, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2014 PASSED IN MVC NO.1213/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, AT SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 8161/2015 BETWEEN: NINGAPPA S/O DANAPPA, AGED ABOUT 48 YEARS, R/O KAMASAMUDRA VILLAGE, ARASIKERE TALUK - 573 103, PRESENT ADDRESS: NINGAPPA, C/O CHANDREGOWDA, MAVINAHALLI VILLAGE, SAKALESHPUR TALUK. ...APPELLANT (BY SRI JAGADEESH H.T, ADVOCATE) AND: 1. T.R. RAVINDRA S/O RAMAIAH, NO.1578, 1ST CROSS, 1ST MAIN, VINAYAKANAGAR, NEAR T.G.M.C .BANK, - 8 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS TUMKUR - 572 101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, B.H.ROAD, TIPTUR. REP BY THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VENKATESWARA BUILDING, B.M. ROAD, HASSAN - 573 201. ...RESPONDENTS (BY SRI G.M. SHARATH KUMAR, ADVOCATE FOR R1; SRI JWALA KUMAR, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.11.2014 PASSED IN MVC NO.1212/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND JMFC, MACT, SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging common judgment and award dated 14.11.2014 passed by Senior Civil Judge and M.A.C.T., Sakaleshpur ('Tribunal') in MVCs no.1207/2012, 1208/2012, 1209/2012, 1211/2012, 1212/2012 and 1213/2012, these appeals are filed. - 9 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS 2. Sri HT Jagadeesh, learned counsel for appellants submitted that following appeals were by claimants for enhancement of compensation as well as finding of Tribunal on liability: Claimant MVC Appeal by Claimant Jayanna 1207/2012 MFA.no.8109/2015 Shivashankar 1208/2012 MFA.no.8110/2015 Basavarajappa 1209/2012 MFA.no.8111/2015 Somashekar 1211/2012 MFA.no.8112/2015 Ningappa 1212/2012 MFA.no.8161/2015 Narayanappa 1213/2012 MFA.no.8159/2015 3. He submitted issue about liability of insurer stood covered by decision of this Court in MFA no.5456/2017 and connected matters disposed on 03.09.2024 [2024:KHC:36041] in Insurer's appeals in respect of other claims arising of same accident and that appeals on quantum required consideration. 4. Brief facts leading to these appeals were that at 6:15 a.m. on 02.03.2012 when claimants were traveling in Bus no.KA-06/B-7369 it's driver drove it in a rash and negligent manner and lost control due to which bus toppled down on left - 10 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS side of road and thereafter dashed against KSRTC Bus no.KA- 18/F-455 parked by side of road. As a result, about 40 to 45 passengers sustained injuries and despite treatment at Government Hospital, Tiptur and CSI Redfern Memorial Hospital, Hassan, they did not recover fully and sustained loss of earning capacity. Therefore, they filed claim petitions under Section 166 of Motor Vehicles Act, 1988 ('MV Act') against owner and Insurer of Bus. Since all claim petitions arose out of same accident, they were clubbed together. 5. On contest wherein claim petitions were opposed on all counts, Tribunal framed common issues and recorded evidence. Claimants deposed as PWs.1 to 7, Dr.HS Ravi as PW.8 and got marked Exs.P1 to P20. Respondents examined three witnesses as RWs.1 to 3 and got marked Exs.R1 to R8. 6. On consideration, Tribunal held accident occurred due to rash and negligent driving of Bus by its driver, determined their monthly income, age etc. and awarded compensation as follows: - 11 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS MVC Petitioner Name Age Amount 1207/12 Jayanna 65 Rs.56,460/- 1208/12 Shivashankar 30 Rs.94,260/- 1209/12 Basavarajappa 60 Rs.64,020/- 1211/12 Somashekar 35 Rs.1,16,400/- 1212/12 Ningappa 45 Rs.75,360/- 1213/12 Narayanappa 45 Rs.79,140/- 7. But on ground of violation of route permit condition, absolved liability of insurer and passed award against owner. It was also submitted, that compensation awarded was inadequate. Hence, appeals were filed. 8. It was submitted that in MFA no.8109/2015, Jayanna aged 65 years working as agricultural coolie and earning Rs.10,000/- per month sustained fracture of left radius and left malleolus assessed by PW.8 - Dr.HS Ravi to have caused 10% physical disability to each of affected limbs and 20% in total. 9. Likewise, in MFA no.8110/2015, Shivashankar, aged 30 years working as agricultural coolie and earning Rs.10,000/- per month sustained fracture of distal end right - 12 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS radius was assessed by PW.8 - Dr.HS Ravi to have caused 20% disability to his right hand. 10. In MFA no.8111/2015, Basavarajappa aged 60 years working as agricultural coolie and earning Rs.10,000/- per month sustained fracture of right metatarsal was assessed by PW.8 to have caused 20% disability to his right leg. 11. In MFA no.8112/2012, Somashekar aged 35 years working as agricultural coolie and earning Rs.10,000/- per month sustained fracture of left humorous, assessed by PW.8 to have caused disability of 30% to his left hand. 12. In MFA no.8161/2015, Ningappa aged 45 years working as agricultural coolie and earning Rs.10,000/- per month sustained fracture of AC joint dislocation, assessed by PW.8, to have caused permanent disability of 18% to his right leg. 13. In MFA no.8159/2015, Narayanappa aged 45 years working as agricultural coolie and earning Rs.10,000/- per month sustained fracture of transverse process of T12 vertebra - 13 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS assessed by PW.8 to have caused 20% disability to his right leg. 14. Common ground urged in above appeals was about assessment of monthly income at Rs.4,500/- was on lower side, compensation of Rs.20,000/- awarded towards pain and suffering, Rs.5,000/- awarded towards incidental expenses and Rs.5,000/- awarded towards loss of amenities were on lower side and about failure to award compensation towards loss of income during laid up period. It was submitted that assessment of loss of earning capacity at 7% was not challenged. 15. On other hand, Sri K Suresh, learned counsel for insurer opposed appeals. It was submitted, though issue regarding liability of insurer to pay compensation had attained finality against insurer in connected appeals, on overall consideration compensation awarded to claimants was just and proper and would not call for interference. 16. Heard learned counsel, perused impugned judgment, award and record. - 14 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS 17. These appeals are by claimants against finding of Tribunal on liability as well as for enhancement of compensation. Therefore, points that arise for consideration are: 1) Whether insurer would be liable to pay compensation to claimants and Tribunal erred in discharging insurer? 2) Whether claimants are entitled for enhancement of compensation? Point no.1: 18. Learned counsel on both sides fairly submitted that in respect of same accident and in another set of claim petitions this Court in MFA no.5456/2017 and connected appeals had upheld fastening of liability on insurer to pay compensation and said finding would inure to claimants herein as well. In view of submission, point no.1 is answered in affirmative. Point no.2: 19. Though claimants in above appeals stated that they were earning Rs.10,000/- to Rs.15,000/- per month, they did not substantiate same with specific evidence. In absence, Tribunal assessed it notionally. But notional income for year - 15 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS 2012 is Rs.7,000/-. Therefore, Tribunal erred in taking it at Rs.4,500/-. As there is no dispute about age and multiplier applied, compensation towards future loss of income would be as follows: (i) In MFA no.8109/2015, compensation towards future loss of income would be Rs.7,000/- X 7% X 12 X 7 = Rs.41,160/-. (ii) In MFA no.8110/2015, compensation towards future loss of income would be Rs.7,000/- X 7% X 12 X 17= Rs.99,960/-. (iii) In MFA no.8111/2015, compensation towards future loss of income would be Rs.7,000/- X 7% X 12 X 9 = Rs.52,920/-. (iv) In MFA no.8112/2015, compensation towards future loss of income would be Rs.7,000/- X 7% X 12 X 16 = Rs.94,080/-. (v) In MFA no.8161/2015, compensation towards future loss of income would be Rs.7,000/- X 7% X 12 X 14 = Rs.82,320/-. (vi) In MFA no.8159/2015, compensation towards future loss of income would be Rs.7,000/- X 7% X 12 X 14 = Rs.82,320/-. - 16 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS 20. Considering fact that claimants have sustained fracture, compensation of Rs.20,000/- awarded towards pain and suffering would be inadequate and enhanced to Rs.35,000/-. Likewise, even in case of compensation towards loss of amenities, it is found appropriate to enhance compensation from Rs.5,000/- to Rs.20,000/-. Since fractures normally take about three months to heal, considering same as period of lay-off, claimants would be entitled to Rs.21,000/-. each. Considering inpatient treatment period of few days, award of Rs.5,000/- towards medical and other incidental expenses is sustained. Thus, Point no.2 in above appeals are answered partly in affirmative. 21. Consequently, following: ORDER (a) Appeals are allowed in part, judgment and award dated 14.11.2014 passed by Tribunal is modified, insurer is held liable to pay compensation awarded as follows: Appeals MVC Claimant Compensation MFA.no.8109/2015 1207/2012 Jayanna Rs.1,22,160/- MFA.no.8110/2015 1208/2012 Shivashankar Rs.1,80,960/- MFA.no.8111/2015 1209/2012 Basavarajappa Rs.1,33,920/- - 17 - HC-KAR CNR: KAHC010451062015 NC: 2026:KHC:52891 MFA No. 8109 of 2015 C/W MFA No. 8110 of 2015 MFA No. 8111 of 2015 AND 3 OTHERS MFA.no.8112/2015 1211/2012 Somashekar Rs.1,75,080/- MFA.no.8161/2015 1212/2012 Ningappa Rs.1,63,320/- MFA.no.8159/2015 1213/2012 Narayanappa Rs.1,63,320/- (b) With interest at 6% per annum from date of claim petition till deposit, excluding period of delay in filing respective appeals. (c) Insurer is directed to deposit compensation within six weeks. (d) On deposit, Tribunal is directed to release entire compensation with interest in favour of respective claimants by online transfer. Sd/- (RAVI V HOSMANI) JUDGE JY/GRD List No.: 1 Sl No.: 8