- 1 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 104213 OF 2023 (MV-I) BETWEEN: 1. THE DIVISIONAL CONTROLLER, N.W.K.S.R.T.C. BAILHONGAL DIVISION BAILHONGAL, DIST. BELAGAVI REP. BY DULY CONSTITUTED AUTHORITY CHIEF LAW OFFICER, NWKRTC CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …APPELLANT (BY SRI. M.K. SOUDAGAR, ADV) AND: 1. SHRI SHANKAR S/O SHIVALINGAPPA PUTTI AGE. 59 YEARS, OCC. PRIVARE SERVICE, NOW NIL, R/O. #1040, SAMPAGAON, TQ. BAILHONGAL, DIST. BELAGAVI-591124 …RESPONDENT (BY SMT. GEETA K.M. @ PAWAR, ADV) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 17.02.2023 PASSED IN MVC NO.512/2021 ON THE FILE OF THE VIII ADDITIONAL DISTRICT JUDGE AND IX ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING COMPENSATION OF Rs.3,60,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:29:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Miscellaneous First Appeal is filed by the NWKSRTC, challenging the quantum of compensation awarded by the learned VIII Addl. District Judge and IX Addl. MACT, Belagavi (for short ‘the Tribunal’) in MVC No.512/2021, vide Judgment dated 17.02.2023. 2. Brief facts leading rise to filing of this appeal are as follows: On 17.02.2020 when the petitioner was proceeding with a motor cycle, met with an accident and sustained grievous injuries. The accident occurred due to the rash and negligent driving of the driver of a KSRTC bus bearing registration No.KA-22/F-2072, and said Bus collided with the petitioners motorcycle, as a result of which the petitioner sustained grievous injuries. Hence he filed a claim petition under Section 166 of the M.V.Act for compensation. - 3 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 3. The NWKSRTC filed its statement of objections denying the averments made in the claim petition. It was contended that the accident occurred due to the rash and negligent riding of the motorcycle by the petitioner and he was not holding a valid and effective driving licence as on the date of the accident. Hence, prays to dismiss the claim petition against NWKSRTC. 4. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 5. To substantiate his case, the petitioner examined himself as PW-1, examined a Doctor as PW-2 and produced 20 documents marked as Ex.P1 to P20. In rebuttal, the driver of the bus was examined as RW-1 and no documentary evidence was marked. 6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with costs and awarded the compensation of Rs.3,60,062/- rounded off to Rs.3,60,000/-, with 6% interest to the - 4 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 petitioner and directed the NWKSRTC to deposit the amount. 7. The NWKSRTC, being aggrieved by the compensation awarded by the Tribunal, has filed this Miscellaneous First Appeal. 8. Heard the arguments of the learned counsel for the NWKSRTC and the petitioner. 9. Learned counsel for the NWKSRTC submits that even after the accident, the petitioner continued to be in service and therefore, he is not entitled to compensation under the head of loss of future income. It is further submitted that the Tribunal failed to properly examine this aspect and committed an error in granting compensation under the said head. Hence, on these grounds, he prays to allow appeal. 10. Per contra, learned counsel for the petitioner supported the impugned Judgment and award and submitted that the compensation awarded by the Tribunal is - 5 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 just and proper and does not call for any interference. Hence, prays to dismiss the appeal. 11. Perused the records and considered the submissions of the learned counsel for the parties. 12. The point that arises for consideration is with regard to the quantum of compensation. 13. There is no dispute that the petitioner met with an accident, sustained grievous injuries and that the accident occurred due to the rash and negligent driving of the driver of the NWKSRTC bus. 14. Insofar, the quantum of compensation is concerned, the petitioner, to prove the disability, examined the Doctor as PW-2, who opined that the petitioner had suffered the permanent disability to the extent of 45%. However, the Tribunal assessed the disability at 8%. The petitioner has not produced any records to show that, on account of the said disability he is not getting a monthly salary or there is a reduction of salary. Admittedly, the - 6 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 petitioner continued in the service. Hence, there is no loss of future income. The Tribunal has committed an error in granting compensation under the head of loss of future income due to the disability. 15. Thus, this Court after re-appreciating the entire evidence on record, re-assesses the compensation as follows: Sl. No. Heads of compensation Compensation awarded in Rs. By the Tribunal By this Court 1 Pain and suffering 65,000/- 1,00,000/- 2 Loss of future income due to disability 1,37,808/- - 3 Loss of income during laid up period 47,850/- 60,000/- 4 Loss of amenities 5,000/- 25,000/- 5 Towards attendant charges 800/- 2,000/- 6 Towards Conveyance 5,000/- 5,000/- 7 Towards medical expenses 98,604/- 98,604/- Total : 3,60,062/- (rounded off to 3,60,000/-) 2,90,604 Compensation reduced by: 69,396/- 16. Accordingly, the petitioner is entitled to a total compensation of Rs.2,90,604/- as against Rs.3,60,000/- - 7 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 awarded by the Tribunal. Thus, the compensation awarded by the Tribunal stands reduced by Rs.69,396/-. 17. In view of the above discussion, I proceed to pass the following order: ORDER (i) The appeal is allowed in part. (ii) The impugned Judgment and the award dated 17.02.2023 passed in MVC No.512/2021 by the learned VIII Addl. District Judge and IX Addl. MACT, Belagavi, is hereby modified. (iii) The petitioner is entitled to a total compensation of Rs.2,90,604/- as against Rs.3,60,000/- awarded by the Tribunal. Accordingly, the compensation awarded by the Tribunal is reduced by Rs.69,396/-. - 8 - HC-KAR NC: 2025:KHC-D:10924 MFA No. 104213 of 2023 (iv) The NWKSRTC is directed to deposit the compensation amount with interest at the rate of 7% per annum from the date of petition till realization, within eight weeks from the date of receipt of a certified copy of this Judgment. (v) The amount in deposit, if any, along with the trial Court Records, shall be transmitted to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 27