- 1 - HC-KAR NC: 2025:KHC-D:8912 MFA No. 21733 of 2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 21733 OF 2012 (MV-I) BETWEEN: THE MANAGING DIRECTOR, N.W.K.R.T.C. HEAD OFFICE, GOKUL ROAD, HUBBALLI, R/BY THE CHIEF LAW OFFICER, N.W.K.R.T.C., CENTRAL OFFICE, HUBBALLI. … APPELLANT (BY SRI I.C. PATIL, ADVOCATE.) AND: 1. NINGAPPA S/O. MAILRAPPA GONAL, AGE: 24 YEARS, OCC: STUDENT AND RECOVERY CLERK, R/O: UMACHAGI, TQ: HUBBALLI, DIST: DHARWAD. 2. PARAMESHWAR S/O. SHIVANAGOUDA MAILAPUR, AGE: MAJOR, OCC: KSRTC BUS DRIVER, R/O: KSRTC BETAGERI DEPOT, GADAG. … RESPONDENTS (BY SRI PRAKASH S. UDIKERI, ADVOCATE FOR R1; R2 – SERVICE OF NOTICE DISPENSED WITH.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 08.12.2011, PASSED IN MVC NO.196/2008, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M. AND ADDL. M.A.C.T., DHARWAD AS THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8912 MFA No. 21733 of 2012 COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT, BY ALLOWING THIS APPEAL AND ETC.,. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Heard the arguments and perused the material placed before the Court. 2. This appeal is filed by the NWKRTC challenging the judgment and award dated 08.12.2011, passed by the Principal Senior Civil Judge and CJM and Additional MACT, Dharwad, in MVC No.196/2008, questioning the quantum of compensation awarded by the tribunal. 3. In the present case the claimant has sustained injuries of fracture of right femur and tibia and fibula, for which the tribunal has awarded compensation as under: Sl. No. Heads. Amount in (Rs.) 1. Loss of future income. 91,800 2. Pain and suffering. 50,000 3. Loss of future amenities. 15,000 - 3 - HC-KAR NC: 2025:KHC-D:8912 MFA No. 21733 of 2012 4. Loss of life expectancy. 10,000 5. Medical expenses. 1,00,000 6. Conveyance and nourishment. 5,000 7. Loss of pay during laid up period. 6,000 Total: 2,77,800 Rounded of to: 2,78,000 4. The claimant was a pigmy collector by profession. In view of the injuries suffered fracture of right femur, tibia and fibula, the claimant is not able to do the work as before the accident effectively. The medical bills as per Ex.P.9 to 94 prove that the claimant has made expenditure of Rs.90,974/- and the tribunal has correctly awarded Rs.1,00,000/- towards medical expenses and hospital charges. Further, considering the amount of compensation awarded on other heads is found to be correct in respect of all other heads. 5. Therefore, there is no good ground available for interference with the quantum of compensation arrived at by the tribunal. Therefore, the appeal is liable to be dismissed. Accordingly the appeal is dismissed. - 4 - HC-KAR NC: 2025:KHC-D:8912 MFA No. 21733 of 2012 6. The amount in deposit shall be transmitted to the tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 3 SL NO.: 7