- 1 - NC: 2025:KHC-D:764 MFA No. 21071 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.21071 OF 2012 (MV-I) BETWEEN: THE DEPOT MANAGER, NEKSRTC GANGAVATHI DEPOT, GANGAVATI, BY ITS REPRESENTED CHIEF LAW OFFICER, NEKRTC, CENTRAL OFFICE, SAREGE SADAN, GULBARGA. …APPELLANT (BY SRI C.B. PATIL, ADVOCATE) AND: HANUMANTHA S/O. SAMASENA, AGE: 20 YEARS, OCC: AGRICULTURE COOLIE AND MILK VENDING, R/O. SANGARAO CAMP, GONAL VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL. …RESPONDENT (BY SRI RAJASHEKAR R.GUNJALLI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V.ACT 1989, PLEASED TO QUASH THE JUDGMENT AND AWARD DATED 01.12.2011, PASSED IN MVC NO.137/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE & M.A.C.T., AT GANGAVATI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:764 MFA No. 21071 of 2012 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal is filed by the NEKSRTC challenging the judgment and award dated 01.12.2011 passed in MVC No.137/2010 on the file of Senior Civil Judge and MACT, Gangavathi (hereinafter referred to as ‘the Tribunal) seeking to reduce the quantum of compensation. 2. The factum of the accident and injuries sustained by the claimant are not in dispute. 3. For the sake of convenience and easy reference, the parties are referred to as per their ranking before the Tribunal. 4. From the medical evidence on record, it is proved that the claimant had suffered injuries like fracture of right clavicle bone and fracture of right patella. 5. The Tribunal has granted compensation under various heads as follows: - 3 - NC: 2025:KHC-D:764 MFA No. 21071 of 2012 Sl. No. Heads Amount 1. Towards injuries pain and sufferings. Rs.24,000/- 2. Towards loss of earnings during medical treatment. Rs.9,000/- 3. Towards medical expenses. Rs.3,000/- 4. Towards loss of future earnings. Rs.77,760/- 5. Towards loss of amenities. Rs.4,000/- 6. Towards conveyance, Nourishment, food and attendant charges. Rs.3,000/- Total Rs.1,20,760/- 6. Though the accident occurred in the year 2009, only an income of Rs.3,000/- per month is taken for consideration, but it ought to have been Rs.5,000/- per month. Further, the Tribunal has taken 12% as permanent physical disability only, which is found to be correct and justified. 7. The Tribunal has granted compensation under the heads like loss of amenities, incidental expenses and pain and suffering, which are awarded on the lesser side, but the claimant has not filed an appeal for enhancement of compensation. Therefore, considering the overall facts and circumstances, the amount of compensation awarded by the - 4 - NC: 2025:KHC-D:764 MFA No. 21071 of 2012 Tribunal is just and proper. Hence, there is no merit found in appeal to make interfere with the judgment and award passed by the Tribunal. Therefore, the appeal is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 2 Sl No.: 50