- 1 - HC-KAR NC: 2025:KHC-D:15195 MFA No. 102186 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102186 OF 2019 (MV-) BETWEEN: DIVISIONAL MANAGER, NWKRTC, BELAGAVI, DIST: BELAGAVI. …APPELLANT (BY M/S. VIDYASHRI, ADVOCATE FOR SRI. PRASHANT S. HOSAMANI, ADVOCATE) AND: SMT. SUNANDA ROOPCHAND OSWAL, AGE: 58 YEARS, OCC: AGRICULTURE COOLIE, NOW NIL R/O: GANDHI GALLI, MUTAGA, TQ & DIST: BELAGAVI-590001. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS IN MVC NO.942/2018 AND SET ASIDE THE JUDGMENT AND AWARD PASSED ON 28/11/2018 BY THE COURT OF THE XI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, AT BELAGAVI IN MVC NO.942/2018 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15195 MFA No. 102186 of 2019 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Ms. Vidyashree who represents Sri Prashant S. Hosmani, learned counsel on record for the appellant. Though notice was served upon the respondent, the respondent did not choose to contest the matter. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Belagavi in MVC 942 of 2018 dated 28.11.2018. 3. Arguing the matter, learned counsel for the appellant states the respondent sustained only one simple injury due to the accident. She has not taken any treatment as an inpatient. She has not produced any evidence to show that she incurred any amount for her treatment. But the tribunal awarded huge sum of Rs.25,000/- as compensation and aggrieved by the same the present appeal is filed. - 3 - HC-KAR NC: 2025:KHC-D:15195 MFA No. 102186 of 2019 4. The tribunal having discussed the evidence produced, held that the respondent did not sustain any grievous injury and for the simple injury sustained, she could not have taken treatment for more than a day. The contents of Ex.P.5 wound certificate reveals that the respondent sustained an abrasion on right leg and X-ray has shown no fracture and that the injury sustained is simple in nature. On what basis the tribunal came to conclusion to award Rs.25,000/- as compensation is not revealed in the impugned order. 5. Having considered the fact that the respondent sustained only simple abrasion and as she has not produced any evidence regarding the treatment taken for the said injury, this Court is of the view that the respondent is entitled not more than Rs.10,000/- as compensation. Therefore, the following: ORDER (i) The appeal is allowed in part. - 4 - HC-KAR NC: 2025:KHC-D:15195 MFA No. 102186 of 2019 (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Belagavi through orders in MVC 942 of 2018 dated 28.11.2018 is reduced by Rs.15,000/- and thereby granting a sum of Rs.10,000/- as compensation to the respondent. (iii) Amount if any in deposit, be transmitted to the concerned tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 35