- 1 - HC-KAR NC: 2025:KHC-D:7398 MFA No. 101364 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101364 OF 2018 (MV-I) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, NAVANAGAR, BAGALKOT, REP. BY DULY CONSTITUTED AUTHORITY. … APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: SHRI. RAMESH S/O HANAMANT BAJANTRI, AGE: 24 YEARS, OCC: DRIVER, R/O: GULEDGUDD, TQ: BADAMI, DIST: BAGALKOT-587 101. … RESPONDENT (BY SRI. S.C. HIREMATH, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.12.2017 PASSED IN MVC NO.514/2014 ON THE FILE OF THE MEMBER M.A.C.T. NO.III, BAGALKOT, AT BAGALKOT. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7398 MFA No. 101364 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. The appeal is filed by the appellant/NWKRTC challenging the judgment and award dated 30.12.2017 passed in MVC No.514/2014 on the file of Member MACT No.III, Bagalkot (hereinafter referred to as ‘the Tribunal’ for short). 3. In the present case, from the medical evidence on record, it is proved that the claimant has suffered fractured injury to the left leg femur and other injuries. The doctor is the treated doctor and held that the claimant has suffered permanent disability at 10-15% and accordingly, the Tribunal held 10% as permanent physical disability. The claimant is a driver by profession. Therefore, certainly this quantity of disability affects the earning capacity of the claimant; therefore, the disability - 3 - HC-KAR NC: 2025:KHC-D:7398 MFA No. 101364 of 2018 considered by the Tribunal is found to be correct. Further, the notional income taken by the Tribunal at Rs.7,000/- p.m. is found to be correct, and accordingly, assessed and quantified the compensation of Rs.1,51,200/- towards loss of income due to disability. 4. Further, upon considering the evidence on record, the quantum of compensation assessed and quantified on other heads is found to be just and proper. Therefore, there is no need for interference by this Court. Hence, considering the overall quantum of compensation awarded by the Tribunal is found to be correct and legal and proper. Therefore, there is no need to make any reduction in the quantum of compensation awarded by the Tribunal. Hence, the appeal is found to be devoid of merits. 5. Consequently, the appeal is dismissed. - 4 - HC-KAR NC: 2025:KHC-D:7398 MFA No. 101364 of 2018 6. The amount in deposit made by the appellant/NWKRTC shall be transmitted to the Tribunal along with TCR. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 43