- 1 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 101726 OF 2014 (MV-D) C/W MFA CROSS OBJ NO. 100008 OF 2016 IN MFA NO. 101726 OF 2014: BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, BELGAUM DIVISION, BELGAUM-590 016, REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, GOKUL ROAD, HUBBALLI-580 030. … APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: SRI. PARASHRAM S/O FAKIRA JAMBHALE, AGE: 41 YEARS, OCC: MILK VENDOR (NOW NIL), R/O: MARUTI ROAD, OLD GANDHI NAGAR, BELGAUM-590 016. … RESPONDENT (BY SRI. VITTHAL S. TELI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 14.02.2014 PASSED IN M.V.C. NO.1469/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT BELGAUM, AT: BELGAUM. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 IN MFA CROB. NO. 100008 OF 2016: BETWEEN: SHRI PARASHARAM FAKIR JAMBHALE, AGE: 42 YEARS, OCC: MILK VENDOR (NOW NIL), R/O: MARUTI ROAD, OLD GANDHI NAGAR, BELAGAVI. … CROSS OBJECTOR (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI. … RESPONDENT (BY SRI. M.K. SOUDAGAR, ADVOCATE) THIS MFA CROB. IN MFA NO.101726/2024 IS FILED UNDER ORDER 41 RULE 22 OF CPC R/W SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 14.02.2014 PASSED IN M.V.C. NO.1469/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MACT BELGAUM, AT: BELGAUM. THIS MFA AND CROSS OBJECTION ARE COMING ON FOR HEARING-INTERLOCUTORY APPLICATION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) 1. The appeal in MFA No.101726/2014 has been filed by the NWKRTC seeking a reduction of compensation awarded in the judgment and award dated 14.02.2014 - 3 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 passed in MVC No.1469/2013 by the III Addl. Senior Civil Judge and MACT, Belagavi1 (for short ‘the Tribunal), while MFA Crob No.100008/2016 has been filed by the claimant seeking enhancement of compensation. 2. For the sake of convenience, the parties herein are referred to as per their rank before the Tribunal. 3. The factual matrix of the case is as follows: The claimant was proceeding on his motor cycle bearing No.KA-22/Y-2814 on 18.5.2013 to supply milk to Belagavi, at that that time, the driver of KSRTC bus bearing No.KA-29/F-1069 drove the vehicle in a rash and negligent manner, lost control over the vehicle and collided with the claimant’s motor cycle. Due to which, the claimant sustained grievous injuries. Hence, filed claim petition under Section 166 of the MV Act claiming compensation. 4. The factum of accident is not in dispute. 1 the Tribunal - 4 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 5. Heard the submissions of learned counsel Sri.M.K.Soudagar appearing for NWKRTC as well as learned counsel Sri.Vithal S. Teli appearing for the respondent/cross objector. Perused the records including the records of the Tribunal. 6. The Tribunal, after appreciating the oral and documentary evidence placed on record, has allowed the claim petition and awarded a total compensation of Rs.5,15,000/- along with interest at the rate of 9% per annum from the date of petition till realization in respect of the injuries sustained by the claimant. The compensation was awarded under the following heads: Pain, shock and suffering Rs. 40,000/- Loss of future income Rs.1,57,248/- Medical expenses Rs.2,13,863/- Loss of income during laid of period Rs.24,000/- Conveyance, attendants, special diet and nourishment Rs.20,000/- Loss of expectation of life Rs.20,000/- Loss of amenities of life Rs.30,000/- - 5 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 7. Upon considering the entire material on record and the submissions of the respective counsels for the parties, this Court finds that taking into consideration the nature of injuries sustained by the claimant and also appreciating the entire evidence available on record, the Tribunal has rightly assessed the compensation under the different heads as mentioned above, which is just and reasonable. 8. Therefore, this Court also finds that there is no perversity or illegality in the manner in which the Tribunal has computed the compensation under various heads. Hence, no grounds are made out to interfere with the well-reasoned finding of the Tribunal insofar as the quantum of compensation is concerned. 9. However, this Court is of the considered view that the rate of interest awarded by the Tribunal at 9% per annum which is on the higher side and requires to be modified in the interest of justice. The Hon’ble Supreme - 6 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 Court in catena of decisions has consistently held that in a motor accident claim cases, the appropriate rate of interest should generally be between 6% to 7.5% per annum depending upon the facts and circumstances of each case. 10. Further, in the decision rendered by this Court in MFA No.5896/2018 C/w. MFA Nos.4444 in the case of Ms.Joyeeta Bose and others vs. Venkateshan V and others, wherein a similar question arose with regard to awarding of interest, keeping in view Section 34 of the Code of Civil Procedure, it has been held that rate of interest shall not exceed 6% p.a. from the date of petition till the date of deposit. In the present case also, the rate of interest is reduced to 6% p.a. instead of 9% p.a. awarded by the Tribunal. 11. Considering the same, it would be just and proper to scale down the rate of interest awarded by the - 7 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 Tribunal to 6% per annum from the date of petition till realization. 12. The appeal filed by the appellant–NWKRTC is thus allowed in part, only to the extent of reduction of the rate of interest as stated above. 13. The cross-objections filed by the claimant seeking enhancement of the compensation are devoid of merit and are accordingly dismissed. 13. In view of the aforementioned, the following: ORDER i. The appeal filed by the NWKRTC is allowed in part; ii. The cross objection filed by the claimant is dismissed as devoid of merits. iii. The judgment and award dated 14.02.2013, passed in MVC No.1469/2013, by the III Addl. Senior Civil Judge and - 8 - HC-KAR NC: 2025:KHC-D:8108 MFA No. 101726 of 2014 C/W MFA.CROB No. 100008 of 2016 MACT, is hereby modified to the extent only in respect of interest at the rate of 6% instead of 9% as stated above. In all other aspects, the judgment and award of the Tribunal remain unaltered; iv. Registry is directed to send a copy of the Judgment to the Tribunal forthwith. v. Draw modified award accordingly. vi. No costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR CT:BCK LIST NO.: 1 SL NO.: 15