- 1 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 101813 OF 2022 (MV-I) BETWEEN: 1. MANAGING DIRECTOR BTP DIVISION, NWKRTC, HUBBALLI-580030. 2. THE DIVISIONAL CONTROLLER KSRTC DIVISIONAL OFFICE, SIRSI-581401. 3. MANAGING DIRECTOR NWKRTC, SHANTINAGAR, BANGALORE-560001 4. INTERNAL INSURANCE FUND REP.BY MANAGING DIRECTOR, KSRTC, SHANTINAGAR, BANGALORE-560001 THE APPEALLANTS NO. 1 TO 4 ARE REPRESENTED BY CHIEF LAW OFFICER NWKRTC, HUBBALLI CENTRAL OFFICE GOKUL ROAD, HUBBALLI-580030 …APPELLANTS (BY SRI. MADANMOHAN M. KHANNUR, ADV) AND: 1. GAJANAN TIMAMAPPA GOUDA AGE 31 YEARS, OCC AGRICULTURIST AND PRIVATE SERVICE, R/O. RANGINAMOTE, HOSAD VILLAGE TQ. HONNAVAR-581334. …RESPONDENTS (BY SRIYUTHS. PRAVEEN GEJJI AND ROSHAN SAHEB CHABBI, ADVS FOR SOLE RESPONDENT) MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT 1988, AGAINST THE JUDGMENT AND AWARD DATED 17.08.2021 PASSED IN MVC NO.490/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC AND ADDL. MACT, AT HONNAVAR, AWARDING COMPENSATION OF Rs.6,14,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Appeal is filed by NWKRTC1 challenging the judgment and award dated 17.08.2021 passed in MVC No.490/2016 by the learned Senior Civil Judge, JMFC and Addl. MACT, Honnavar (‘Tribunal’ for short). 2. Brief facts leading rise to the filing of this appeal are as follows: 1 North-West Karnataka Road Transport Corporation - 3 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 2.1. On 31.12.2015, the petitioner was riding the motorcycle bearing Reg.No.KA-47/R-2448 from Honnavar to Hosad. When he came near the accident spot, the driver of NWKRTC bus bearing Reg.No.KA-28/F-1496 drove the same from the opposite direction in a rash and negligent manner and dashed to the motorcycle. As a result, the petitioner sustained grievous injuries and filed a claim petition seeking compensation for the injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petition. 3. NWKRTC/respondent No.2 before the Tribunal filed a statement of objections denying the averments made in the claim petition contending that, the rider of the motorcycle has contributed to the cause of accident, and hence, prays to dismiss the claim petition. 4. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 5. The petitioner, to substantiate his case, examined himself as PW-1, examined the Doctor as PW-2 - 4 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 and marked 104 documents as Exs.P1 to P104. In rebuttal, the Conductor of the bus was examined as RW-1 and no documents were marked on behalf of NWKRTC. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment dated 17.08.2021 and awarded a compensation of Rs.6,14,000/- with 6% interest p.a. from the date of the petition till realisation and directed NWKRTC to deposit the compensation amount with accrued interest. 7. NWKRTC, aggrieved by the impugned judgment and award, filed this appeal challenging the quantum of compensation. 8. Heard the arguments of learned counsel for NWKRTC and, learned counsel for the petitioner. 9. Learned counsel for NWKRTC submits that, the compensation awarded by the Tribunal is on the higher side. The Tribunal committed an error in assessing 14% - 5 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 disability to the whole body of the petitioner, which is on the higher side. Hence, on this ground, she prays to allow the appeal. 10. Per contra, learned counsel for the petitioner supports the impugned judgment and award and submits that, the compensation awarded by the Tribunal is just and proper. Hence, prays to dismiss the appeal. 11. Perused the records and considered the submissions of the learned counsel for the parties. The point that arises for consideration is regarding quantum of compensation. 12. There is no dispute regarding the occurrence of the accident and the injuries sustained by the petitioner in the said accident. The petitioners have produced charge sheet marked as Ex.P6, which is filed against the driver of the bus. The petitioner contended that, he was aged 25 years old and earning Rs.30,000/- per month by doing agriculture and private service. To substantiate his case, - 6 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 the petitioner has not produced any proof of income. The accident occurred inthe year 2015. The Tribunal has taken the notional income as Rs.7,000/- per month, which is just and proper and further in view of the proposition of law laid down by the Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi and Others2, the Tribunal has added 40% future prospects to the monthly income i.e., Rs.7,000/- + Rs.2,800/- = Rs.9,800/-. The Tribunal, considering the evidence of the Doctor who has issued disability certificate marked as Ex.P72, has assessed the disability at 14%, though the Doctor has assessed the disability to the extent of 19.5%. The Tribunal, considering the evidence of the Doctor and other materials placed on record, has rightly awarded the compensation. The compensation awarded by the Tribunal is just and proper, and do not call for any interference at the hands of this Court. In view of the same, the point is answered accordingly. 2 (2017) 16 SCC 680 - 7 - HC-KAR NC: 2025:KHC-D:13013 MFA No. 101813 of 2022 13. In view of the above discussion, I proceed to pass the following: ORDER i. The appeal is dismissed; ii. The judgment and award dated 17.08.2021 passed in MVC No.490/2016 by the Tribunal is hereby confirmed; iii. The Registry is directed to transmit the Trial Court records, and amount in deposit, if any, to the Tribunal, forthwith; iv. Pending interlocutory application(s), if any, shall stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 34