- 1 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101990 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.101964 OF 2024 IN MISCELLANEOUS FIRST APPEAL NO.101990 OF 2024 BETWEEN: NABISAB S/O. HONNURSAB, AGE. 50 YEARS, OCC. HAMALI, ANJURI CAMP, MUSTOOR VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL-583227. …APPELLANT (BY SMT. SOUBHAGYA S.VAKKUND, ADVOCATE) AND: 1. JEELANSAB S/O. SANNA SYEDSAB MULLA, AGE. 35 YEARS, OCC DRIVER OF NEKRTC BUS BEARING ITS REG.NO.KA-28/F-1795, GANGAVATHI DEPOT, R/O.1/221, MUDDABALLI VILLAGE, TQ. AND DIST. KOPPAL-583227. 2. THE DIVISIONAL CONTROLLER, NEKRTC, DIVISIONAL OFFICE, KOPPAL-583227. …RESPONDENTS (BY MISS. VAISHALI KALADAGI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO, ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 21.02.2024 PASSED IN MVC NO.102/2019 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, (SITTING AT GANGAVATHI) BY Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 ENHANCING THE COMPENSATION OF RS.14,90,000/- EXCLUDING THE AMOUNT ALREADY AWARDED BY THE TRIBUNAL TO THE APPELLANT AND ETC.,. IN MISCELLANEOUS FIRST APPEAL NO.101964 OF 2024 BETWEEN SHAHID ALI S/O. MOULA SAB, AGE. 33 YEARS, OCC. AUTO CONSULTANT (BUSINESS), R/O. 12TH WARD, ISLAMPUR, GANGAVATHI, DIST. KOPPAL-583227. ...APPELLANT (BY SMT. SOUBHAGYA S.VAKKUND, ADVOCATE) AND 1. JEELANSAB S/O. SANNA SYEDSAB MULLA, AGE. 35 YEARS, OCC. DRIVER OF NEKRTC BUS BEARING ITS REG. NO.KA-28/F-1795, GANGAVATHI DEPOT, R/O.1/221, MUDDABALLI VILLAGE, TQ. AND DIST. KOPPAL-583227. 2. THE DIVISIONAL CONTROLLER, NEKRTC, DIVISIONAL OFFICE, KOPPAL-583 227. …RESPONDENTS (BY MISS. VAISHALI KALADAGI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 21.02.2024 PASSED IN MVC NO.104/2019 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL, KOPPAL (SITTING AT GANGAVATHI), BY ENHANCING THE COMPENSATION OF RS.14,90,000/- EXCLUDING THE AMOUNT ALREADY AWARDED BY THE TRIBUNAL TO THE APPELLANT AND ETC.,. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.104/2019 and MVC.No.102/2019 dated 21.02.2024 by the Additional District and Sessions Judge and Presiding Officer, MACT, Koppal (Sitting at Gangavathi), the claimants are before this Court seeking enhancement of the compensation. As the Tribunal had disposed of the claim petitions by way of a common order, this Court is also disposing of the matters by way of a common order. MFA.No.101964/2024 arising out of MVC.No.104/2019 2. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Sufferings : Rs. 20,000/- 2. Medical Expenses : Rs. 33,900/- 3. Loss of future income : Rs. 94,752/- 4. Loss of amenities, attendant charges, nutrition & diet : Rs. 10,000/- 5. Transportation & Conveyance : Rs. 10,000/- TOTAL : Rs. 1,68,652/- - 4 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 3. Learned counsel appearing for the claimant submits that when the claimant had sustained grievous injury, the Tribunal had granted only an amount of Rs.20,000/- under the head of pain and suffering. It is submitted that no amount is granted under the head of loss of income during laid up period. Further, towards loss of amenities, attendant charges, nutrition and diet, altogether an amount of Rs.10,000/- was granted which is on the lower side. It is submitted that the Tribunal had failed to consider the evidence of the doctor and the disability sustained by the claimant. 4. Learned counsel appearing for respondent No.2/NEKRTC submits that the Tribunal had rightly granted the compensation and there are no grounds to interfere with the well considered order passed by the Tribunal. 5. Having heard the learned counsels on either side, perused the entire material on record. Considering the injuries that were sustained by the claimant, this Court is granting an amount of Rs.40,000/- towards pain and suffering. The Tribunal had rightly granted an amount of Rs.33,900/- towards medical expenses and this Court finds no reasons to interfere. - 5 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 Then coming to the loss of income during laid up period, considering the income of the claimant at Rs.11,750/-, for three months, this Court is granting an amount of Rs.35,250/- (Rs.11,750x3). The Tribunal had rightly granted an amount of Rs.94,752/- towards loss of future income and this Court finds no reasons to interfere. Under the head of loss of amenities, this Court is granting an amount of Rs.10,000/-. This Court is granting an amount of Rs.10,000/- towards transportation and conveyance, attendant charges, nutrition and diet. 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 entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and sufferings : Rs. 20,000/- 40,000/- 2. Medical Expenses : Rs. 33,900/- 33,900/- 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 3. Loss of future income : Rs. 94,752/- 94,752/- 4. Loss of income during laid up period : Rs. 00/- 35,250/- 5. Loss of amenities : Rs. 10,000/- 10,000/- 6. Transportation & Conveyance, attendant charges, nutrition & diet : Rs. 10,000/- 10,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,68,652/- 2,33,902/- 8. Altogether, the claimant is entitled for an amount of Rs.2,33,902/-. MFA.No.101990/2024 arising out of MVC.No.102/2019 9. The Tribunal had granted the compensation as per the table given below: SL. No. Heads Compensation Awarded 1. Pain and Sufferings : Rs. 20,000/- 2. Medical Expenses : Rs. 23,400/- 3. Loss of future income : Rs. 51,200/- 4. Loss of amenities, attendant charges, nutrition & diet : Rs. 10,000/- 5. Transportation & Conveyance : Rs. 10,000/- TOTAL : Rs. 1,14,600/- - 7 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 10. Learned counsel appearing for the claimant submits that when the doctor had given the evidence that the claimant had sustained 25.2% disability to the whole body, the Tribunal had taken 3% as disability which is on the lower side. It is submitted that the Tribunal ought to have considered the evidence in its proper perspective and ought to have granted the compensation. Even under all other heads also, the compensation that is granted is not just and reasonable. 11. Learned counsel appearing for respondent No.2/ NEKRTC submits that the Tribunal had granted just and reasonable compensation and there are no grounds to interfere. 12. Having heard the learned counsels on either side, perused the entire material on record. The claimant had sustained a fracture injury and other simple injuries. Under the head of pain and suffering, this Court is granting an amount of Rs.40,000/-. The Tribunal had rightly granted an amount of Rs.23,400/- towards medical expenses and this Court finds no reasons to interfere. Coming to the loss of future income, this Court has perused the evidence of the doctor. According to the doctor, the claimant had sustained 25.2% disability to the whole - 8 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 body and he has in detail stated the disability sustained by the claimant. Considering 25.2% as limb disability, 1/3rd of it would come to 8% and this Court is taking 8% disability to the whole body. Hence, under the head of loss of future income, this Court is granting an amount of Rs.1,24,080/- (Rs.11,750x12x11x8/100). Under the head of loss of income during laid up period, for three months, this Court is granting an amount of Rs.35,250/- (Rs.11,750x3). Considering the disability of 8%, this Court is granting an amount of Rs.20,000/- towards loss of amenities. This Court is granting an amount of Rs.10,000/- towards transportation and conveyance, attendant charges, nutrition and diet. 13. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.Mekala Vs. M. Malathi and Another2, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 14. The claimant is entitled for compensation under the following heads: 2 (2014) 11 SCC 178 - 9 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 20,000/- 40,000/- 2. Medical Expenses : Rs. 23,400/- 23,400/- 3. Loss of future income : Rs. 51,200/- 1,24,080/- 4. Loss of income during laid up period : Rs. 00/- 35,250/- 5. Loss of amenities : Rs. 10,000/- 20,000/- 6. Transportation & Conveyance, attendant charges, nutrition & diet : Rs. 10,000/- 10,000/- 7. Legal Expenses : Rs. 00/- 10,000/- TOTAL : Rs. 1,14,600/- 2,62,730/- 15. Altogether, the claimant is entitled for compensation of an amount of Rs.2,62,730/-. 16. Accordingly, MFA.No.101990/2024 is partly allowed by enhancing the compensation from an amount of Rs.1,14,600/- to Rs.2,62,730/-. 17. MFA.No.101964/2024 is partly allowed by enhancing the compensation from an amount of Rs.1,68,652/- to Rs.2,33,902/-. - 10 - HC-KAR NC: 2026:KHC-D:174 MFA No. 101990 of 2024 C/W MFA No. 101964 of 2024 i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The respondent No.2 – NEKRTC shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimants are entitled to withdraw the entire amount without furnishing any security. iii. Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 21