- 1 - HC-KAR NC: 2025:KHC-D:8860 MFA No. 103517 of 2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103517 OF 2016 (MV-I) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, BELAGAVI DIVISION, BELAGAVI (OWNER CUM-INSURER OF BUS NO.KA-42-F-1495). … APPELLANT (BY SRI S.S. KOLIWAD, ADVOCATE.) AND: KEMPANNA S/O SHIVAMURTHI GANIGER, AGE: 44 YEARS, OCC: AGRICULTURE AND TAMARIND BUSINESS, NOW NIL, R/O: KAITNAL, TQ: GOKAK, DIST: BELAGAVI. … RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 26.07.2016 PASSED IN MVC NO.2747/2013 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL-VI, BELAGAVI, BY ALLOWING THIS APPEAL AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:10 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8860 MFA No. 103517 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the NWKRTC challenging the judgment and award dated 26.07.2016, passed by the V Additional District and Sessions Judge and MACT-VI, Belagavi, in MVC No.2747/2013, questioning the quantum of compensation as well as on the ground that there was no negligence on the part of the driver of the NWKRTC bus driver. 2. Heard the arguments of learned counsel for appellant and perused the material placed before the Court. 3. In this case occurrence of accident, the claimant suffering injuries in a road traffic accident and the coverage of insurance are not in dispute. 4. In this case when the claimant was standing by the side of the road on 21.10.2013, at about 08.00 p.m., at that time the NWKRTC bus came in a high speed and - 3 - HC-KAR NC: 2025:KHC-D:8860 MFA No. 103517 of 2016 blade of the wheel of the bus was broken down and piece of the said blade of the wheel hit the claimants leg, due to which the claimant sustained injuries. Therefore, upon the claim petition filed, the tribunal has awarded compensation as under, along with interest at the rate of 9% p.a. Sl. No. Heads. Amount in (Rs.) 1. Loss of future income. 1,00,800 2. Pain and suffering. 30,000 3. Loss of future amenities. 15,000 4. Loss of life expectancy. 10,000 5. Medical expenses. 29,000 6. Conveyance, nourishment, attendant charges. 5,000 7. Loss of income during laid up period. 18,000 Total: 2,07,800 Rounded of to: 2,08,000 5. Upon perusing the evidence on record, the FIR, complaint, spot mahazar, charge sheet, the entire allegation is made against the driver of the NWKRTC bus. Though the driver of NWKRTC bus was examined as RW.1, but there is no corroborative evidence by RW.1, whereas, the evidence of PW.1 claimant is supported by the - 4 - HC-KAR NC: 2025:KHC-D:8860 MFA No. 103517 of 2016 documentary evidence. Therefore, the tribunal has rightly held that the accident was caused due to the rash and negligent driving of NWKRTC bus and the claimant sustained injuries. Therefore, there is no need to interfere in this finding of the tribunal. 6. Upon considering the injuries sustained by the claimant, the tribunal has awarded compensation correctly, which needs no interference. But the interest awarded is 9% p.a. The same is scaled down to 6% p.a. Only to this extent of awarding interest at the rate of 6% p.a., the appeal is liable to be allowed in part. Rest of the findings of the tribunal are kept intact. 7. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 26.07.2016, passed by the V Additional District and Sessions Judge and MACT-VI, Belagavi, in - 5 - HC-KAR NC: 2025:KHC-D:8860 MFA No. 103517 of 2016 MVC No.2747/2013, is modified holding that the claimant is entitled for compensation amount along with interest at the rate of 6% p.a. from the date of petition till its realization. iii) Remaining findings and observations of the tribunal are kept intact. iv) The amount in deposit shall be transmitted to the tribunal. v) No order as to costs. vi) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 44