- 1 - HC-KAR NC: 2025:KHC-D:7567 MFA No. 103158 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 103158 OF 2014 (MV-I) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, BELGAUM DIVISION, BELGAUM-590 016, REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, GOKUL ROAD, HUBLI-580 030, DIST: DHARWAD. … APPELLANT (BY SRI. S.S. KOLIWAD, ADVOCATE) AND: SRI. HOLEPPA S/O BASAVANNI JANGANNAVAR, AGE: 34 YEARS, OCC: NOW NIL, R/O: KHANAPUR ROAD, PEERANAWADI-590 014, TQ/DIST: BELGAUM. … RESPONDENT (BY SRI. BHAGOJI P.R., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.08.2014 PASSED IN M.V.C. NO.2037/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT, BELGAUM. 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:7567 MFA No. 103158 of 2014 ORAL JUDGMENT (PER: THE HON’BLE MR JUSTICE HANCHATE SANJEEVKUMAR) Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. The appeal is filed by the NWKRTC challenging the judgment and award dated 22.08.2014 passed in MVC No.2037/2013 on the file of III Additional Senior Civil Judge and MACT, Belgaum (hereinafter referred to as ‘the Tribunal’ for short), praying to reduce the quantum of compensation awarded by the Tribunal. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal. 4. In the present case, from the medical evidence on record, it is proved that the claimant has suffered the following injuries: - 3 - HC-KAR NC: 2025:KHC-D:7567 MFA No. 103158 of 2014 i. “Malunited fractures of middle 1/3rd shafts of the right tibia and right fibula are seen with interlocking nail in situ in right tibia. ii. Malunited fracture medial malleolus of the right tibia is seen. iii. Malunited fracture lateral mallelous of the right tibula is seen. iv. Malunited comminuted fracture right cancaneum bone is seen with screws in situ. v. Dislocation at the right ankle joint is seen. vi. Bones of right leg and ankle joint shows changes of osteoporosis.” vii. Malunited fracture right clavicle bone is seen. 5. The Tribunal has awarded compensation under the various heads as follows: Pain, shock, and sufferings. Rs.20,000.00 Future loss of earning capacity. Rs.3,11,040.00 Medical expenses. Rs.45,000.00 Conveyance, attendants, special diet and nourishment. Rs.10,000.00 Loss of amenities of life, expectation of life, happiness, frustration etc., Rs.10,000.00 Loss of income during laid up period Rs.12,000.00 Future medical expenses. Rs.10,000.00 Total Rs.4,18,040.00 - 4 - HC-KAR NC: 2025:KHC-D:7567 MFA No. 103158 of 2014 6. PW-2/doctor has given evidence that the claimant suffered permanent disability to the right lower limb to the extent of 55% and 15% disability to the left shoulder. Considering the injuries sustained by the claimant, the Tribunal has assessed permanent physical disability at 18% to the whole body and accordingly awarded the compensation, which is correctly assessed by the Tribunal. 7. The accident occurred in the year 2013 and the Tribunal has taken lesser monthly income of Rs.6,000/-, which is on lower side. Further, considering the injuries and disability suffered by the claimant, the compensation awarded under other heads is found to be reasonable. Hence, there is no good ground to reduce the quantum of compensation awarded by the Tribunal. REGARDING CONTRIBUTORY NEGLIGENCE: 8. In the present case, upon considering the nature of accident, it is found that the claimant has also - 5 - HC-KAR NC: 2025:KHC-D:7567 MFA No. 103158 of 2014 contributed negligence to the accident. The complaint and FIR are registered against the claimant as well and the spot sketch reveals that there is negligence found on the part of the claimant also. Hence, it is held that the claimant has contributed 20% of contributory negligence and rashness to the accident. Therefore, the claimant is entitled to 80% of compensation awarded by the Tribunal. Consequently, the appeal is liable to be allowed in part. 9. In the result, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 22.08.2014 passed in MVC No.2037/2013 on the file of III Additional Senior Civil Judge and MACT, Belgaum, stands modified holding that the claimant is entitled 80% of compensation awarded by the Tribunal. - 6 - HC-KAR NC: 2025:KHC-D:7567 MFA No. 103158 of 2014 iii. Registry is directed to send back the Trial Court Records to the Tribunal along with copy of this judgment. iv. Draw award accordingly. v. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 20