- 1 - NC: 2025:KHC-D:659-DB MFA No. 103772 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.103772 OF 2019 (MV-) BETWEEN: SHRI NITIN S/O PAYAGOUDA KAMAGOUDA, AGE: 34 YEARS, OCC. SERVICE/DRIVER, R/O: KOTHALI, TQ. CHIIKODI, DIST. BELAGAVI-591 201. - APPELLANT (BY SRI. AKSHAY R. MENSINKAI, ADVOCATE FOR SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., CHIKKODI DIVISION, TQ. CHIKKODI, DIST. BELAGAVI-591 201. - RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILE UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 22.02.2019 IN M.V.C. NO.857/2013 PASSED BY THE LEARNED VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI (SITTING AT CHIKODI) BY ENHANCING THE COMPENSATION AMOUNT BY ALLOWING THE APPEAL & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:659-DB MFA No. 103772 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the injured-claimant in M.V.C. No.857/2013 on the file of the VII Addl. District & Sessions Judge & Addl. MACT, Belagavi, sitting at Chikkodi [for short, ‘the Tribunal’]. The Tribunal, by the impugned judgment and award dated 22.02.2019, has awarded the appellant a total sum of Rs.2,33,400/- along with interest at the rate of 6% p.a. directing the respondents to pay the compensation within 30 days of the award. The award of Rs.2,33,400/- is under the following heads. 1. Pain and suffering Rs. 20,000.00 2. Medicine and hospital charges Rs. 50,000.00 3. Nourishment charges Rs. 5,000.00 4. Attendant and conveyance Rs. 5,000.00 5. Loss of income during treatment period Rs. 8,154.00 6. Loss of future income Rs. 1,25,245.00 7. Loss of amenities, future unhappiness Rs. 20,000.00 Total Rs. 2,33,399.00 Rounded off Rs. 2,33,400.00 2. Sri Akshay R. Menasinakai, the learned counsel for the appellant, submits that it is undisputed that - 3 - NC: 2025:KHC-D:659-DB MFA No. 103772 of 2019 the appellant suffered fracture of femur with multiple injuries including hemoperitoneum, that he was an inpatient for 17 days and that these undisputed circumstances corroborate the medical bills filed for a total sum of Rs.1,39,087/- but the Tribunal has awarded only a sum of Rs.50,000/- disbelieving these bills on the ground that the appellant has not produced prescriptions or x-ray. The learned counsel therefore emphasizes that there must be enhancement under this head at least in a sum of Rs.89,000/- to Rs.90,000/-. 3. Sri S.C. Bhuti, the learned counsel for the respondent, submits that the Tribunal has awarded a sum of Rs.1,25,245/- towards loss of future income despite the fact that the appellant himself has produced pay slip for the month of July, 2014 [for the period two years after the accident] which shows that the appellant has continued working as a driver with M/s NWKSRTC and is drawing a much higher income and as such there is no loss of future income. The learned counsel contends that even if there could be a claim for enhancement in a sum of - 4 - NC: 2025:KHC-D:659-DB MFA No. 103772 of 2019 Rs.89,000/- to Rs.90,000/- towards medical expenses, the award of Rs.1,25,245/- under the head of loss of future income upsets the same. This Court, on perusal of records [including the bills and Ex.P.10 - the appellant’s pay slip for the month of July, 2014] finds considerable force in these submissions as the test of just and reasonable compensation is answered. Therefore, the appeal is dismissed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 40