- 1 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102800 OF 2015 (MV-I) BETWEEN: THE DEPOT. MANAGER, N.W.K.R.T.C., BAILAHONGAL DEPOT, DIST: BELAGAVI, (OWNER CUM INSURER OF BUS BEARING NO.KA 22/F-1524), R/BY THE CHIEF LAW OFFICER, CENTRAL OFFICE, NWKRTC, HUBBALLI. … APPELLANT (BY SRI. I.C. PATIL, ADVOCATE) AND: SRI. ISHWARAPPA KALLAPPA PATTAR, AGE: 51 YEARS, OCC: CARPENTER (NOW NIL), R/O: INTAL, NOW AT NICHANAKI, TQ: BAILAHONGAL, DIST: BELAGAVI. … RESPONDENT (BY MISS VINUTA M. KHANNUR, ADVOCATE FOR SRI. MADANMOHAN M. KHANNUR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.12.2014 PASSED IN MVC NO.1364/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, BAILHONGAL, AS COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) 1. This appeal is filed by the North West Karnataka Road Transport Corporation (hereinafter referred to as ‘the appellant’) under Section 173(1) of the Motor Vehicles Act, 1988, seeking reduction of compensation awarded in the judgment and award dated 26.12.2014 passed in MVC No.1364/2013 by the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Bailhongal (hereinafter referred to as ‘the Tribunal’). 2. For the sake of convenience, the parties are referred to as per their rank before the Tribunal. 3. The factum of the accident is not disputed by either party. The occurrence of the accident and the resultant injuries sustained by the claimant are admitted. The only point of contention raised in this appeal pertains to the quantum of compensation awarded by the Tribunal. 4. The Tribunal, after appreciating the oral and documentary evidence placed on record, allowed the claim petition and awarded total compensation of Rs.5,45,000/- - 3 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 which was restricted to Rs.5,00,000/-, 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. 5. Learned counsel for the appellant strenuously contended that the Tribunal has erred in awarding excessive and exorbitant compensation under various heads. It is further submitted that the Tribunal has granted amounts under multiple heads without proper medical evidence and without appreciating the extent of permanent disability, if any. Further, submitted that, the award of interest at 9% per annum is unreasonable and contrary to the prevailing rate of interest as per recent pronouncements of the Hon’ble Apex Court. Therefore, seeks appropriate reduction in the total compensation as well as the rate of interest. 6. Per contra, learned counsel for the respondent/claimant supported the award passed by the Tribunal and submitted that the compensation awarded is - 4 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 just, reasonable and commensurate with the injuries sustained by the claimant. Learned counsel further submitted that the Tribunal has rightly assessed the oral and documentary evidence and awarded compensation under various permissible heads in accordance with settled legal principles. It was further submitted that the amount awarded has already been restricted to Rs.5,00,000/- at the instance of the claimant himself and hence, no further reduction is called for. 7. Heard the submissions of learned counsel appearing for appellant as well as learned counsel appearing for respondent. Perused the records. 8. Upon careful consideration of the submissions made by both parties and perusal of the records, it is evident that the Tribunal has awarded compensation of Rs.5,45,000/- based on a reasoned assessment of the evidence. However, since the claimant had restricted his claim to Rs.5,00,000/-, the Tribunal limited the award to that amount, which was accepted by the claimant. - 5 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 9. The compensation awarded under various heads appears to be reasonable and commensurate with the nature of injuries, treatment undergone, and impact on the claimant’s livelihood. 10. Therefore, this Court is of the view that the compensation awarded is reasonable, justified and does not warrant any interference with the quantum of compensation. 11. However, as regards the rate of interest is concerned the Tribunal has awarded the rate of interest at 9% per annum is on the higher side. However, this Court while awarding compensation has consistently held the rate of interest at 6% per annum. Hence, the rate of interest is scaled down to 6% per annum from the date of petition till realization. 12. Thus, the appeal is allowed-in-part only to the extent of reduction of the rate of interest as stated above. - 6 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 13. In view of the aforementioned, the following: ORDER i. The appeal is allowed in part. ii. While maintaining the quantum of compensation, the judgment and award dated 26.12.2014 passed in MVC No.1364/2013 by the Senior Civil Judge and Additional M.A.C.T., Bailhongal is modified only to the extent that the compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. iii. In all other aspects, the judgment and award of the Tribunal remain unaltered; iv. The amount in deposit shall be transmitted to the Tribunal forthwith. - 7 - HC-KAR NC: 2025:KHC-D:8547 MFA No. 102800 of 2015 v. Registry is directed to send a copy of the Judgment to the Tribunal forthwith. vi. Draw modified award accordingly. vii. No costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RHR/- CT:BCK LIST NO.: 1 SL NO.: 66