- 1 - HC-KAR NC: 2026:KHC-D:752 MFA No. 101205 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101205 OF 2024 (MV-I) BETWEEN: E. SUBASHCHANDRA BOSH S/O. E. HANUMANTHAPPA, AGE: 22 YEARS, HINDU, OCC. PAINTER, R/O. 16TH WARD, AMBEDKARA NAGAR, KUDLIGI, BALLARI DISTRICT, PRESENTLY R/O. AT CARE OF L. MALLIKARJUNA, OLD 6TH WARD, NEW 1ST WARD, MARIYAMMANAHALLI, TQ. HOSAPETE, DIST. BALLARI-583101. - APPELLANT (BY SMT. SOUBHAGYA VAKKUND, ADVOCATE) AND: 1. SANGANAGOUDA S/O. BASAVANA GOUDA, AGED ABOUT 39 YEARS, KSRTC BUS DRIVER, BUS BEARING REG.NO.KA-42/F-2238, PRESENTLY RESIDING AT BATAVALA VILLAGE, TQ. MUDDEBIHAL, DIST. VIJAYAPURA-586212. 2. THE DIVISIONAL CONTROLLER, M.D. KSRTC, RAMANAGAR DIVISION, B.M. ROAD, ARCHKARA HALLI, RAMANAGAR TOWN, RAMANAGAR DISTRICT-562109. - RESPONDENTS (BY SRI. S.C. BHUTI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 24.03.2023 PASSED IN M.V.C. NO. 583/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-IV, HOSAPETE BY ENHANCING THE COMPENSATION TO RS.14,99,000/- THE APPELLANT AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:752 MFA No. 101205 of 2024 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the judgment and award passed in M.V.C. No. 583/2020 dated 24.03.2023 by the learned Prl. Sr. Civil Judge & Member, MACT, Hosapete-IV (for short, the ‘Tribunal’), the claimant is before this court seeking for enhancement of the compensation. The tribunal has awarded the compensation as per the table given below: Sl. No. Nature of the heads Compensation Rs. 1. Towards pain and suffering 20,000.00 2. Medical expenses 35,750.00 3. Conveyance, food, diet, nourishment & attendant charges 10,000.00 4. Towards loss of income during laid up period 26,500.00 5. Towards future income on account of physical disability 2,86,200.00 6. Loss of amenities and enjoyment of life 10,000.00 Total 3,88,450.00 - 3 - HC-KAR NC: 2026:KHC-D:752 MFA No. 101205 of 2024 2. Learned counsel appearing for the appellant/claimant submits that, when the claimant had sustained two injuries, one is commuter segmental fracture right tibia and fracture of L3 tibia right leg, the tribunal under the head of pain and suffering had granted only an amount of Rs.20,000/- when as per the evidence of the Doctor, the disability is 32%. But the Tribunal has taken the disability at 10%. It is submitted that even under the head of loss of income during the laid up period and other heads also the amount that is awarded by the Tribunal is not just and reasonable. 3. Learned counsel appearing for the respondent/Corporation submits that the tribunal had granted a just and reasonable compensation on all the heads and no enhancement is called for. 4. Having heard the learned counsels on either side, perused the entire material on record. Considering the two injuries sustained by the claimant and one grievous injury, under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. As he was in hospital for 11 days, under the head of incidental expenses an amount of Rs.11,000/- is granted. Coming to the loss of income during the laid up period, this - 4 - HC-KAR NC: 2026:KHC-D:752 MFA No. 101205 of 2024 accident had occurred in the year 2019. This Court is taking the monthly income at Rs.13,250/- for three months it would come to an amount of Rs. 39,750/- (Rs.13,250/- x3). Hence, this Court is granting an amount of Rs.39,750/- towards loss of income during laid up period. As regards to the loss of future income, the Doctor has assessed disability at 32%. One third of it comes to 10.6 and this Court is taking it as 11. Thus an amount of Rs. 3,14,820/- (Rs.13,250/-x12x18x 11/100) towards loss of future income. Considering 11% disability, this Court is granting an amount of Rs.15,000/- towards loss of amenities. 6. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala vs. M. Malathi and Another1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 7. The claimant is therefore entitled for the compensation under the following heads: 1 (2014) 11 SCC 178 - 5 - HC-KAR NC: 2026:KHC-D:752 MFA No. 101205 of 2024 Sl. No. Particulars Award of Tribunal Award of High Court 1. Towards pain & suffering 20,000.00 40,000.00 2. Medical expenses 35,750.00 35,750.00 3. Conveyance, food, diet, nourishment & attendant charges 10,000.00 11,000.00 4. Towards loss of income during laid up period 26,500.00 39,750.00 5. Towards future income on account of physical disability 2,86,200.00 3,14,820.00 6. Loss of amenities and enjoyment of life 10,000.00 15,000.00 7. Legal expenses - 10,000.00 Total 3,88,450.00 4,66,320.00 8. Altogether the claimant is entitled for an amount of Rs.4,66,320/-. 9. Accordingly the appeal of the claimant is partly allowed by enhancing the compensation from an amount of Rs.3,88,450/- to Rs.4,66,320/-. (i) The enhanced amount shall carry 6% interest. However the claimant is not entitled for interest for the delayed period of 231 days in filing this appeal. (ii) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the - 6 - HC-KAR NC: 2026:KHC-D:752 MFA No. 101205 of 2024 judgment. On such deposit the claimants are at liberty to withdraw the amount. (iii) The Registry is directed to send a certified copy of this judgment to the Tribunal forthwith without any delay. (iv) No costs. (v) Pending miscellaneous petitions, if any, shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 3