CHANDRAPPA S/O BEERAPPA LAMANI vs THE MANAGING DIRECTOR
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.G.SHANTHI
MISCELLANEOUS FIRST APPEAL NO. 100343 OF 2021 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101438 OF 2023 (MV-I)
IN MFA No. 100343/2021
BETWEEN:
THE MANAGING DIRECTOR
NWKSRTC CENTRAL OFFICE,
HOSUR ROAD, HUBLI,
R/BY. THE DEPOT MANAGER,
NWKSRTC,
RANEBENNUR DEPOT,
DIST: HAVERI,
(OWNER & SELF INSURER OF KSRTC
BUS BEARING REG NO.KA-29/F-1373)
R/BY THE CHIEF LAW OFFICER,
N.W.K.R.T.C CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI.
…APPELLANT
(BY SRI. I. C. PATIL, ADVOCATE)
AND:
CHANDRAPPA S/O. BEERAPPA LAMANI
AGE: 30 YEARS,
OCC: MILK VENDING AND COOLI WORK,
R/O. MEDLERI TANDA,
TQ: RANBENNUR,
DIST: HAVERI.
…RESPONDENT
(BY SRI.CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO CALL FOR RECORDS IN MVC NO.1/2019 ON THE
FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDL. MACT,
RANEBENNUR AND TO SET ASIDE THE JUDGMENT AND AWARD
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HC-KAR
NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
DATED 01.09.2020 PASSED IN MVC NO.1/2019 ON THE FILE OF THE
PRL. SENIOR CIVIL JUDGE AND ADDL. MACT, RANEBENNUR, AS THE
COMPENSATION AWARDED IS EXCESSIVE AND ARBITRARY, BY
ALLOWING THIS APPEAL.
IN MFA NO. 101438/2023
BETWEEN:
CHANDRAPPA S/O. BEERAPPA LAMANI
AGE: 33 YEARS, OCC: MILK VENDING
AND COOLIE WORK
R/O: MEDLERI TANDA,
TQ: RANEBENNUR,
DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR HOSAMANI, ADVOCATE)
AND:
THE MANAGING DIRECTOR
NWKSRTC CENTRAL OFFICE HOSUR ROAD,
HUBBALLI,
REPTD. BY THE DEPOT MANAGER,
NWKSRTC,
RANEBENNUR DEPOT,
DIST: HAVERI 581115.
(OWNER AND SELF INSURER OF KSRTC BUS
BEARING REG. NO. KA 27/F-1373)
...RESPONDENT
(BY SRI. I.C. PATIL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR
VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION BY MODIFYING THE
JUDGMENT AND AWARD OF THE PRL. SENIOR CIVIL JUDGE AND
AMACT, RANEBENNUR, DATED 01.09.2020 IN MVC NO.1/2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, 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:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
ORAL JUDGMENT
Aggrieved by the judgment and award dated 01.09.2020
in MVC No.1/2019 passed by the Principal Senior Civil Judge
1
and AMACT, Ranebennur , the respondent/Corporation before
the Tribunal filed an appeal in MFA No.100343/2021
challenging the impugned judgment and award and the
petitioner before the Tribunal filed an appeal in MFA
No.101438/2023 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 02.11.2018 at
about 11-30 a.m., the petitioner was riding the motorcycle
2
bearing temporary registration No.KA.68/TMP/2018/566 near
government hospital of Gudihonnatti road. He was riding the
motorcycle in a moderate speed on the left side of the road by
observing the traffic rules and regulations. At that time, one
3
KSRTC bus bearing registration No.KA-29/F-1373 came from
opposite direction, in a high speed and in a rash and negligent
1
For short, ‘the Tribunal’
2
For short, ‘the motorcycle’
3
For short, ‘the bus’
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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HC-KAR
NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
manner, by which driver lost the control over the bus and
dashed the right side of the bus to the motorcycle of the
petitioner, and caused the accident. In the said accident, the
petitioner has sustained grievous injuries and he was shifted to
the hospital.
4. The petitioner contended that, prior to the accident,
he was hale and healthy and earning Rs.30,000/- by doing milk
business. On account of the injuries sustained in the accident,
the petitioner is unable to discharge his day to day works and
duties as he was performing prior to the date of accident and
he has sustained permanent physical disability. The petitioner
has spent huge amount towards medical expenses. Accordingly,
he filed claim petition for compensation before the Tribunal.
5. On filing of the petition, notice has been issued to
the respondent. He appeared through his counsel and filed the
written statement.
6. The respondent/Corporation denied the contention
of the petitioner about the occurrence of the accident due to
rash and negligent driving of the bus by its driver, on the date,
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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HC-KAR
NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
place and time as mentioned in the petition and also denied the
injuries caused to the petitioner in the said accident. It is
further contended that the amount of compensation and the
interest claimed by the petitioner is highly excessive, exorbitant
and without any legal basis. Further, denied the age,
occupation and income of the petitioner as alleged in the
petition, and taken contention that the accident was not
occurred due to rash and negligent driving of the bus, but due
to the negligence on part of the petitioner himself. The
petitioner by colluding with police official got registered the
false case against the driver of the bus. Accordingly, prayed for
dismissal of the claim petition.
7. Before the Tribunal, the petitioner himself examined
as PW1 and two witnesses were examined as PW2 and PW3
and got marked the documents as Exs.P.1 to P.15. On behalf of
respondent, one witness has been examined as RW1 and got
marked Ex.R1.
8. On hearing the argument, the Tribunal allowed the
claim petition of the petitioner by awarding compensation under
the following heads:
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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HC-KAR
NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
Sl.
Heads Amount in Rs.
No.
1 Pain and suffering 40,000/-
2 Food, nourishment, attendant 6,000/-
and other misc. expenses
3 Medical expenses 1,63,240/-
4 Loss of future income 5,64,000/-
5 Loss of income during laid up 8,000/-
period
6 Travelling expenses 5,000/-
7 Loss of enjoyment and future 20,000/-
amenities
8 Attendant charges 10,000/-
Total 8,16,240/-
The Tribunal further directed the respondent/Corporation
to deposit the compensation amount within two months from
the date of the order along with interest at the rate of 7% per
annum from the date of petition till realization.
9. Dissatisfied with the impugned judgment and
award, the petitioner as well as the respondent/Corporation
preferred these appeals.
10. Learned counsel for the respondent/Corporation
argued that the driver of the bus was driving the same in a
moderate speed, but the rider of the motorcycle came in a rash
and negligent manner, on wrong side and caused the accident;
the Tribunal has awarded huge compensation without any
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
basis; the disability assessed by the Tribunal is on the higher
side. Accordingly, prays for modification of the impugned
judgment and award.
11. Learned counsel for the petitioner argued that the
compensation awarded by the Tribunal is on the lower side;
there is no negligence on the part of the rider of the
motorcycle; the charge sheet has been filed by the police
against the driver of the bus; the disability assessed by the
Tribunal is on the lower side. Accordingly, prays for
enhancement of the compensation.
12. 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 is entitled for
enhancement of compensation?
(ii) Whether the respondent/Corporation proves
that the disability assessed by the Tribunal to
the whole body of the petitioner in on the
higher side?
(iii) What order?
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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HC-KAR
NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
13. Points framed by this Court for consideration are
answered as follows:
Point No.(i) : In the negative.
Point No.(ii) : Partly in the affirmative.
Point No.(iii): As per the final order, for the
following:
14. Regarding Point No.(i): It is an undisputed fact
that on 02.11.2018 at 11.30 a.m. there was an accident
between the motorcycle and the bus. It is the contention of the
Corporation that the driver of the bus was driving the vehicle in
a moderate speed but, the rider of the motorcycle came on
wrong side and caused the accident. In this case, both the
parties lead their evidence before the Tribunal. The petitioner
had produced the copy of the FIR, complaint, spot
panchanama, IMV Report, wound certificate and charge sheet
which were marked as Ex.P1 to P6. The police have
investigated the matter and filed the charge sheet against the
driver of the bus. Further, RW1/the driver of the bus deposed
before the Tribunal that the rider of the motorcycle came on
wrong side and dashed to the bus. But in the cross
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
examination, he clearly admitted that the police have
investigated the matter and filed a charge sheet against him.
The charge sheet filed against the driver of the bus has not
been challenged.
15. Such being the circumstances, at this stage, it
cannot be held that the rider of the motorcycle came on wrong
side and dashed to the bus. Accordingly, the contention raised
by the learned counsel for the Corporation that the motorcycle
rider contributed his negligence is not sustainable.
16. Another contention raised by the learned counsel
for the Corporation that the disability assessed by the Tribunal
is on the higher side and the petitioner has not produced the
discharge summary before the Court.
17. Admittedly, the petitioner has not produced the
discharge summary before the Court. According to the learned
counsel for the petitioner, the injured has taken treatment for
12 days as an inpatient but for that, he has not produced any
documents before the Court. Apart from that, the petitioner
had produced the wound certificate and disability certificate
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
which marked as Ex.P5 and P11 respectively. The medical
record indicates that the petitioner has sustained communited
fracture of femur condyle, right leg and fracture of distal end of
radius right wrist and other injuries.
18. PW2 assessed the disability to the extent of 57.5%
to the right lower limb and assessed the disability to the extent
of 24.1% to the right wrist region. As the discharge summary is
not available on record, so this Court is not in a position to
ascertain what are the treatment he has undergone. The details
of treatment are not before the Court. However, by looking into
the injuries sustained by the petitioner, this Court is of the
opinion that, it is just and reasonable to assess the disability to
the extent of 21% to the whole body.
19. The Tribunal has rightly assessed the notional
income of the petitioner at Rs.11,750/- per month.
20. At the time of accident, the petitioner was aged 31
years. In view of the decision of the Hon’ble Apex Court in
Sarla Verma and others V. Delhi Transport Corporation
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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NC: 2026:KHC-D:16855
MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
4
and another , the applicable multiplier would be “16”. Thus,
the petitioner is entitled for compensation under the head of
“loss of future income” as below:
Rs.11,750/- X 12 X 16 X 21% = Rs.4,73,760/-
21. The Tribunal has awarded compensation of
Rs.40,000/- under the head of “pain and suffering”. By looking
into the injuries sustained by the petitioner, this Court is of the
opinion that it is just unreasonable to enhance the same to
Rs.50,000/- .
22. On considering the medical records, the Tribunal
has rightly awarded compensation of Rs.1,63,240/- under
the head of “medical expenses”, and compensation of
Rs.6,000/- under the head of “food, nourishment, attendant
expenses and other miscellaneous expenses”, which does not
call for any interference.
23. By looking into the injuries sustained by the
petitioner, this Court is of the opinion that at least three
months’ time is required for him to recover and come to the
4
2009 ACJ 1298
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
routine work. Thus, the compensation of Rs.8,000/- awarded
by the Tribunal under the head of “loss of income during laid up
period” is enhanced to Rs.34,000/-.
24. The petitioner has sustained fracture in the
accident. This Court is of the opinion that the fracture sustained
by him come in the way of his routine life and it affects his
comforts and enjoyment in his life. Hence, it is just and
reasonable to enhance the compensation of Rs.20,000/- to
Rs.35,000/- under the head of “loss of amenities”.
25. The compensation awarded by the Tribunal of
Rs.5,000/- under the head of “travelling expenses” and
Rs.10,000/- under the head of “attendant charges”, does not
call for any interference. In all, the petitioner is entitled for
compensation under the following heads:
Sl. Amount in
Heads
No. Rs.
1 Pain and suffering 50,000/-
2 Food, nourishment, attendant 6,000/-
and other misc. expenses
3 Medical expenses 1,63,240/-
4 Loss of future income 4,73,760/-
5 Loss of income during laid up 34,000/-
period
6 Travelling expenses 5,000/-
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
7 Loss of enjoyment and future 35,000/-
amenities
8 Attendant charges 10,000/-
Total 7,77,000/-
26. Thus, the petitioner is entitled to receive
compensation of Rs.7,77,000/- as against Rs.8,16,240/-
awarded by the Tribunal.
27. Accordingly, points No.(i) and (ii) are answered
partly in the affirmative.
28. Regarding point No.(ii) : In view of the findings
on points No.(i) and (ii), this Court proceeds to pass the
following:
ORDER
(i) The appeal filed by the petitioner in MFA
No.101438/2023 is dismissed.
(ii) The appeal filed by the
respondent/Corporation in MFA
No.100343/2021 is allowed in part.
(iii) The impugned judgment and award passed
by the Tribunal is modified. The petitioner is
entitled to receive compensation of
Digitally Signed by KADAMBADI
GANESH SHANTHI on 17-10-2026
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MFA No. 100343 of 2021
C/W MFA No. 101438 of 2023
CNR: KAHC020117452020
Rs.7,77,000/- as against Rs.8,16,240/-
awarded by the Tribunal.
(iv) Draw modified award accordingly.
(v) The amount in deposit, if any, is ordered to
be transmitted to the Tribunal along with
records forthwith.
(vi) 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 17-10-2026
(K.G.SHANTHI)
JUDGE
SMM
List No.: 1 Sl No.: 19