SRI. UMESH SANGAPPA MAGUNDANAVAR vs THE DIVISIONAL CONTROLLER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 104463 OF 2023 (MV-I)
BETWEEN:
SRI. UMESH SANGAPPA MAGUNDANAVAR
AGE: 35 YEARS,
OCC: ELECTRICIAN (NOW NILL),
R/O: KODLIWAD ROAD,
JANATA PLOTS,
SATTIGERI-591126
TQ: SAUDATTI, DIST: BELAGAVI
PRESENTLY AT MARKANDEYA NAGAR,
BELAGAVI.
…APPELLANT
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION,
BELAGAVI-590001.
…RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 07.05.2022 IN MVC NO.1108/2020 PASSED BY THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL
MACT-VI, BELAGAVI AND TO ENHANCE THE COMPENSATION
ALREADY GRANTED TO THE APPELLANT IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.G.SHANTHI
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
ORAL JUDGMENT
Aggrieved by the judgment and award dated 07.05.2022
in MVC No.1108/2020 passed by the V Additional District Judge
and Additional MACT-VI, Belagavi, the appellant being the
petitioner before the Tribunal has filed this appeal seeking
enhancement of the compensation.
2. Parties are hereinafter referred to as per their ranks
before the Tribunal for the sake of convenience.
3. Brief facts of the case are that on 24.07.2020, the
petitioner was travelling in a KSRTC bus bearing registration
1
No.KA-22/F-2243 as a passenger from Belagavi to Yaragatti.
When the said bus reached near Bagalkot road, Chachadi to
Harugoppa Cross, at that time, the driver of the bus drove the
same in a rash and negligent manner and lost his control over
the bus and caused the accident. Due to which , the petitioner
sustained grievous injuries. Immediately after the accident, he
was shifted to the hospital. The petitioner has spent huge
amount towards medical expenses.
1
For short, ‘the bus’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
4. Prior to the accident, the petitioner was working as
an electrician and earning Rs.30,000/- per month. Due to the
accidental injuries, he suffered loss of earning capacity and
future income. Accordingly, the petitioner filed a claim petition
claiming compensation before the Tribunal.
5. After registering the petition, notice has been
issued to the Respondent/Corporation. The Respondent
appeared through its counsel and filed objections denying the
petition averments and contending that the compensation
claimed by the petitioner is highly excessive, It is contended
that the petitioner was guilty of contributory negligence.
Further contended that there was one day delay in filing the
complaint and in collusion with the police, the petitioner had
filed a false complaint without producing relevant documents. It
denied its liability and sought for dismissal of the claim petition.
6. Before the Tribunal, the petitioner himself examined
as PW1 and the doctor has been examined as PW2 and got
marked the documents as Exs.P1 to P18. On the other hand,
the respondent did not choose to lead evidence nor produced
any documents.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
7. On hearing the arguments, the Tribunal allowed the
claim petition in part and awarded the compensation to the
petitioner along with interest at the rate of 6% per annum from
the date of petition till realization under the following heads:
Sl. Amount in
Heads
No. Rs.
1 Towards simple/grievous Rs.10,000/-
injuries pain and sufferings.
2 Towards medical expenses. Rs.75,000/-
3 Towards conveyance, attendant, Rs.10,000/-
nourishment and Miscellaneous.
4 For future treatment. Rs.20,000/-
5 Loss of future income Rs.3,45,600/-
(12,000 X 12 X 16 X 15/100).
6 Loss of income during laid up Rs.3,300/-
period (Rs.300 X 11 days).
Total Rs.4,63,900/-
The Tribunal further directed the Respondent/Corporation
to deposit the compensation amount with accrued interest
within a period of two months from the date of the award.
8. Dissatisfied with the quantum of compensation, the
petitioner preferred this appeal.
9. Learned counsel for the petitioner argued that the
petitioner has treated as an inpatient from 25.07.2020 to
30.07.2020, and he has undergone operation and spent huge
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
amount towards his treatment; the doctor assessed the
disability to the extent of 25% to the whole body, but the
Tribunal assessed the disability to the extent of 15% to the
whole body which is on the lower side; the compensation
awarded by the Tribunal under other heads are also on the
lower side. Accordingly, prayed for enhancement of the
compensation.
10. Learned counsel for the Respondent/Corporation
argued that the Tribunal has rightly assessed the disability by
looking into the documents and evidence and awarded
reasonable compensation on various heads; the compensation
awarded by the Tribunal is adequate and there is no need to
interfere. Accordingly, prayed for dismissal of the appeal.
11. Heard the arguments. Perused the materials
available on record. The points that would arise for
consideration by this Court are as follows:
i) Whether the petitioner proves that the
compensation awarded by the Tribunal is
inadequate and it deserves to be modified?
ii) What order?
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
12. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : Partly in the affirmative.
Point No.(ii) : As per the final order, for the
following:
13. Regarding Point No.(i): It is the case of the
petitioner that in an accident he has sustained grievous
injuries. Ex.P7/wound certificate indicates that the petitioner is
treated as inpatient for the accidental injuries from 25.07.2020
to 30.07.2020, and it is noticed that, the petitioner complaints
of pain in left knee and on examination there was swelling,
tenderness, deformity general condition fair conscious and
treated at Patil Hospital, Yaragatti. This document has been
issued by Ganga Surgical Clinic, Gokak, Belagavi District. The
document also indicates that the petitioner has sustained
comminuted fracture of left patela and he has undergone
operation. PW2/the doctor issued the disability certificate as
per Ex.P13 assessing the disability to the extent of 25% for the
left lower leg. On considering the medical documents, the
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
Tribunal has rightly assessed the disability of the petitioner to
the extent of 15% , which does not call for any interference.
14. The petitioner has taken up a contention that he
was doing electrician work and earning Rs.30,000/- per month,
but he has not produced any documents to prove his income.
When no document has been produced to prove the income, it
is up to the Tribunal to assess the income as per the guidelines
issued by the Karnataka Legal Services Authority. The Tribunal
has taken the income of the petitioner of Rs.12,000/- per
month, which is on the lower side. The accident occurred on
24.07.2020. So as per the chart, the income of the petitioner
would be taken at Rs.13,750/- per month.
15. The petitioner was aged 32 years at the time of
accident. The applicable multiplier would be “16” . Thus, the
petitioner is entitled for compensation under the head of “loss
of future income” as under:
Rs.13,750/- X 12 X 16 X 15% = Rs.3,96,000/-
16. The Tribunal has awarded compensation of
Rs.10,000/- under the head of “pain and suffering”. By looking
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
into the injuries sustained and the treatment taken by the
petitioner as an inpatient, this Court is of the opinion that it is
reasonable to enhance the compensation to Rs.25,000/-
under the said head.
17. The Tribunal has rightly awarded compensation of
Rs.75,000/- under the head of “medical expenses” based on
the documents produced, Rs.10,000/- under the head of
“conveyance, attendant, nourishment and miscellaneous
charges”, and Rs.20,000/- under the head of “future
treatment”, which does not call for any interference.
18. The petitioner has suffered fracture. This Court is of
the opinion that at least three months’ time is required for him
to recover and during that period he was not in a position to
work and the said loss should be compensated. Hence, it is
reasonable to award compensation of Rs.30,000/- under the
head of “loss of income during laid up period”.
19. The Tribunal has not awarded any compensation for
loss of amenities. By looking into the fracture sustained by the
petitioner, this Court is of the opinion that the accidental
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
injuries will affect the comfort and happiness of the petitioner.
Hence, it is just and reasonable to award compensation of
Rs.20,000/- under the heads of “loss of amenities”. In all,
compensation is awarded under the following heads:
Sl. Amount in
Heads
No. Rs.
1 Loss of future income 3,96,000/-
2 Pain and suffering 25,000/-
3 Medical expenses 75,000/-
4 Conveyance, attendant,
nourishment and miscellaneous
charges
10,000/-
5 Future treatment 20,000/-
6 Loss of income during laid up 30,000/-
period
7 Loss of amenities 20,000/-
Total 5,76,000/-
20. Thus, the petitioner is entitled to receive
compensation of Rs.5,76,000/- as against Rs.4,63,900/-
awarded by the Tribunal.
21. Accordingly, point No.(i) is answered partly in the
affirmative.
22. Regarding point No.(ii) : In view of the findings
on point No.(i), this Court proceeds to pass the following:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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HC-KAR
NC: 2026:KHC-D:17845
MFA No. 104463 of 2023
CNR: KAHC020105822023
ORDER
(i) The appeal filed by the petitioner is
allowed in part.
(ii) The impugned judgment and award
passed by the Tribunal is modified. The
petitioner is entitled to receive
compensation of Rs.5,76,000/- as
against Rs.4,63,900/- awarded by the
Tribunal.
(iii) The enhanced compensation amount
shall carry interest at the rate of 6% per
annum from the date of petition till the
date of payment, excluding the period of
delay of 323 days in filing the appeal, as
per the order dated 29.01.2024.
(iv) Respondent/Corporation shall deposit
enhanced compensation with accrued
interest before the Tribunal within a
period of six weeks from the date of
receipt of certified copy of this judgment.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
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MFA No. 104463 of 2023
CNR: KAHC020105822023
(v) Draw modified award accordingly.
(vi) Registry to transmit the Trial Court
Records forthwith.
(vii) In view of disposal of this appeal,
pending applications, if any, do not
survive for consideration and the same
are accordingly disposed of.
Digitally Signed by KADAMBADI
GANESH SHANTHI on 04-11-2026
(K.G.SHANTHI)
JUDGE
SMM
List No.: 1 Sl No.: 21