SRI.MURIGEPPA S/O GADIGEPPA DODDAMANI vs THE DIVISIONAL CONTROLLER

- 1 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MRS JUSTICE USHARANI
MISCELLANEOUS FIRST APPEAL NO. 104729 OF 2019 (MV-I)

BETWEEN:
SRI. MURIGEPPA S/O GADIGEPPA DODDAMANI
AGE. 43 YEARS
OCC. SHEPHERD AND AGRICULTURE
NOW NIL, R/O. NARAYANPUR
TQ. SHIGGAON-581202, DIST. HAVERI
…APPELLANT






(BY SRI. HARISH S MAIGUR, ADVOCATE)

AND:
THE DIVISIONAL CONTROLLER
NWKRTC AND SELF INSURANCE FUND AUTHORITY
HAVERI DEPOT, HAVERI
TQ. DIST. HAVERI-581110
…RESPONDENT




(BY SRI. M.M. KHANNUR, ADVOCATE)

Digitally
signed by
YASHAVANT
NARAYANKAR
Date:
2026.11.13
11:19:08
+0530
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
YASHAVANT
NARAYANKAR
PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE

JUDGMENT AND AWARD PASSED IN M.V.C. NO. 1399/2018 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND MEMBER MACT., SHIGGAON,
DATED 16.10.2019 BY ALLOWING THIS APPEAL WITH COSTS, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE USHARANI

- 2 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019


ORAL JUDGMENT

1. This Miscellaneous First Appeal is filed by the
claimant seeking enhancement of compensation awarded in
MVC No.1399/2018 by the Senior Civil Judge and Member,
MACT, Shiggaon on 16.10.2019 (hereinafter referred to as
‘Tribunal’ for short).

2. The Claim Petition has been filed under Section 166
of the Motor Vehicles Act, 1988 (for short, ‘MV Act’). The fact of
occurrence of accident and liability fixed on NWKRTC to pay the
compensation to the claimant are not in dispute.

3. The Tribunal, after considering oral and
documentary evidence, awarded compensation under the
following heads:
Sl.No. Heads Amount in Rs.
1. Medical expenses 6,746=00
2. Pain and suffering 25,000=00
3. Transportation expenses 5,000=00
4. Food and nourishment
expenses
10,000=00
5. Expenses incurred as in-patient 11,000=00
Total 57,746=00


4. Learned counsel for the claimant contends that
disability certificate issued by the doctor - PW2 was not
considered by the Tribunal, by wrongly holding that PW2 is not

- 3 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019


the treated doctor. Though claimant has suffered severe
injuries and disability, Tribunal has awarded compensation
under the heads of ‘pain and suffering’, ‘transportation
expenses’, ‘food and nourishment’ and ‘expenses incurred as
in-patient’, which are on a lower side. Further, the Tribunal has
not awarded compensation under the heads of ‘loss of
amenities’ and ‘future medical expenses’. Further, it is
contended that the Tribunal ought to have awarded interest at
the rate of 12% per annum instead of 6% per annum and
hence, modification of the award passed by the Tribunal is
necessary.

5. Per contra , learned counsel for NWKRTC contends
that, the Tribunal, by observing that PW1 has not deposed
regarding taking treatment from PW2, has rightly not
considered the contents in Exhibit P23 i.e., the disability
certificate issued by the doctor - PW2.

6. Heard the arguments of learned counsels for both
the parties and given anxious look to the available materials on
record.

- 4 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019



7. The learned counsel for NWKRTC has not disputed
the age of the claimant. It is also important to note here that
the claimant has not produced documents to show that he is an
agriculturist and shepherd, earning Rs.15,000/- per month.
Hence, considering the notional income chart issued by
Karnataka State Legal Services Authority, income of the
claimant is fixed at Rs.11,750/- per month. As the age of the
claimant is 42 years, the appropriate multiplier would be ‘14’.

8. As per Exhibits P7, 8 & 9, claimant has taken
treatment and was inpatient from 31.05.2018 to 11.06.2018. It
is relevant to note here that as per Exhibit P23, the disability
certificate issued by PW2, claimant has suffered “ permanent
functional physical disability of 25% pertaining to left upper
limb ” and 15% to the whole body.

9. It is pertinent to note here that doctor, who has
issued Exhibit P23, has been examined as PW2 and he has
corroborated the contents in the Exhibit P23. Therefore,
considering the judgment in Raj Kumar v. Ajay Kumar
1
and another , I opine that the argument advanced by the

1
2011 (1) SCC 343

- 5 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019


learned counsel for NWKRTC cannot be accepted and disability
certificate issued by the doctor has to be considered, subject to
assessing functional disability suffered by the claimant.

10. As per the wound certificates at Ex.P7 and 8, the
claimant has suffered following injuries:
“An Contusion of 6” x 4” over the left arm with
punctured wound of 1cm x 1cm at the wrist point bone
is coming out of it. X-ray No. 5112 dated 31.05.2018 at
KIMS Hubli fracture of the lower end of left humerus.”
Considering the nature of wounds and the physical strength
required for carrying out agricultural operations, I opine that
claimant has suffered functional disability of 8%. As per the
medical documents, claimant “ was operated over ORIF with
DCP and screws to left humerus done” . Therefore, for removal
of the same, claimant has to bear the expenses, which has to
be considered.

11. Therefore, claimant is entitled for modified
compensation as under:
Sl.No. Heads Amount in Rs.
1. Loss of income due to disability
(11,750/- x 12 x 14 (multiplier) x 8%
(disability))
1,57,920=00
2. Medical expenses 6,746=00

- 6 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019


3. Pain and suffering 25,000=00
4. Transportation expenses 10,000=00
5. Food and nourishment
expenses
10,000=00
6. Loss of amenities 20,000=00
7. Future medical expenses 20,000=00
8. Loss of income during laid up 35,250=00
period (11,750/- x 3 = 35,250/-)
Total 2,84,916=00


12. The interest claimed by the claimant is 12% per
annum which is on a higher side. However, the Tribunal has
awarded interest at the rate of 6% per annum, which is on a
lower side. Therefore, considering the principles laid down in
the cases of Puttamma and Others Vs. K.L. Narayana
2
Reddy and Another and United India Insurance Company
3
Limited Vs. Sri Malyadri M , the interest is fixed at the rate
of 9% per annum.

13. For the aforesaid reasons, I proceed to pass the
following:
ORDER

a. MFA No.104729/2019 is partly allowed .

2

(2013) 15 SCC 45
3
MFA 3895/2018 (Bengaluru bench)

- 7 -
HC-KAR
NC: 2026:KHC-D:18392
MFA No. 104729 of 2019


CNR: KAHC020153362019



b. The judgment and award dated 16.10.2019 in MVC
No.1399/2018 passed by Senior Civil Judge and
Member, MACT, Shiggaon, is modified.

c. The claimant is entitled to a total compensation of
Rs.2,84,916/- with interest at the rate of 9% per
annum from the date of petition till realization.

d. The respondent herein-NWKRTC shall deposit the
compensation together with accrued interest,
before the Tribunal within a period of eight weeks,
from the date of receipt of a certified copy of this
judgment.

e. The Registry shall transmit the amount in deposit, if
any and the Trial Court records to the Tribunal
forthwith.

SD/-
(USHARANI)
JUDGE



KGK
CT:CNB
LIST NO.: 1 SL NO.: 46