- 1 - HC-KAR NC: 2025:KHC-D:15045 MFA No. 102011 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102011 OF 2015 (MV-I) BETWEEN: 1. THE DIVISIONAL MANAGER, N.W.K.R.T.C. HUBLI DEPOT, DIVISION-2, HUBLI, DIST: DHARWAD. 2. THE DIVISIONAL CONTROLLER, N.W.K.R.T.C. HAVERI DEPOT, HAVERI, REPRESENTED BY CHIEF LAW OFFICER, N.W.K.R.T.C. CENTRAL OFFICE, HUBLI. …APPELLANTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR SRI. C.R. MENASINAKAI, ADVOCATE) AND: NANNESAB S/O. SHYBUDDINSAB MOKHASI, AGE: 47 YEARS, OCC: GOUNDI, R/O: HOSALLI, TQ & DIST: HAVERI. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.12.2014 IN M.V.C. NO.180/2013 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HAVERI, AT: HAVERI AND THE APPEAL MAY KINDLY BE ALLOWED AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15045 MFA No. 102011 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.P.G.Chikkanaragund who represents Sri.C.R.Menasinakai, learned counsel on record for the appellants/Corporation. Though notice was served upon the respondent, the respondent did not choose to contest the matter. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Haveri (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.180/2013 dated 31.12.2014. On the ground that he sustained grievous injuries in a road traffic accident, the respondent/claimant filed a petition claiming compensation of Rs.8,00,000/- in total. The Tribunal through the impugned order awarded a sum of Rs.3,41,600/- as compensation. The contention of the - 3 - HC-KAR NC: 2025:KHC-D:15045 MFA No. 102011 of 2015 appellants is that the said amount is disproportionate and exorbitant. 3. Learned counsel for the appellants submits that the respondent sustained only one grievous injury in the road traffic accident. With a purpose to gain exorbitant amount as compensation, the respondent/claimant approached PW-2 and obtained Disability Certificate one year after the date of accident. The disability assessed by PW-2 is wrong. However, considering the evidence of PW-2, the Tribunal took the disability in respect of whole body as 20%. Learned counsel states that the compensation granted by the Tribunal under all other heads is also on higher side. 4. The Tribunal through the impugned order awarded a sum of Rs.35,000/- as compensation towards pain and suffering, Rs.40,000/- towards attendant charges, nutritious food, conveyance charges, etc., Rs.2,01,600/- towards loss of future income, Rs.30,000/- towards loss of earnings during laid up period, Rs.25,000/- towards loss of - 4 - HC-KAR NC: 2025:KHC-D:15045 MFA No. 102011 of 2015 amenities and happiness and Rs.10,000/- towards future medical expenditure. 5. By all the material brought on record, the respondent/claimant succeeded in establishing that he sustained an injury to right foot with fracture of distal phalanx of right great toe and fractures of 2nd, 3rd, 4th and 5th metatarsal bones with fracture of right ankle joint. The evidence of PW-2 is that the physical disability pertaining to right foot is about 60% to 65% and to whole body 24% to 26%. This assessment of disability in respect of whole body as rightly put forth by learned counsel for the appellant is on higher side. The Tribunal took the disability in respect of whole body as 20% which is also on higher side. Having considered the nature of injury sustained, this Court is of the view that the disability in respect of whole body cannot be more than 10%. In case the disability in respect to whole body is taken as 10%, without disturbing other parameters that is notional income as Rs.6,000/- per month and the multiplier to be applied as ‘14’, the compensation which the - 5 - HC-KAR NC: 2025:KHC-D:15045 MFA No. 102011 of 2015 respondent/claimant is entitled to receive towards loss of future earnings comes to Rs.1,00,800/- (Rs.6,000 x 12 x 14 x 10%). However, the Tribunal granted a sum of Rs.2,01,600/- as compensation under the head ‘loss of future earnings’. Taking into consideration this aspect coupled with the evidence produced and the compensation that is granted by the Tribunal under all other heads, this Court is of the view that the compensation granted by the Tribunal is liable to be reduced by Rs.70,000/- so that the compensation which the respondent/claimant receives can neither be exorbitant nor unjust. Therefore, this Court considers desirable to dispose of the appeal accordingly through the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Haveri through orders in M.V.C. - 6 - HC-KAR NC: 2025:KHC-D:15045 MFA No. 102011 of 2015 No.180/2013 dated 31.12.2014 is reduced by Rs.70,000/-. (iii) Amount if any in deposit, be transmitted to the concerned Tribunal forthwith. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 26