- 1 - HC-KAR NC: 2025:KHC-D:15889 MFA No. 100164 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100164 OF 2015 (MV) BETWEEN: THE DIVISIONAL CONTROLLER, KSRTC, GADAG, GADAG DIVISION, DISTRICT: GADAG, (OWNER OF THE VEHICLE), VEHICLE REGISTRATION NO.KA.25/F-2194, BELONGING TO KSRTC DEPOT, RON TALUK. …APPELLANT (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE FOR SRI. C.R. MENASINAKAI, ADVOCATE) AND: SRI. YAMANAPPA S/O. UDACHAPPA KADEMANI, AGE: 31 YEARS, OCC: BUSINESS, R/O. KURAHATTI, TQ: RON, DIST: GADAG. …RESPONDENT (BY SRI. B.C. JNANAYYASWAMY, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 20.08.2014 IN M.V.C. NO.01/2013 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T RON, AT: RON, AND THE APPEAL MAY KINDLY BE ALLOWED AND ETC. THIS APPEAL COMING ON FOR FINAL HEARING 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:15889 MFA No. 100164 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri P.G.Chikkanaragund, who represents Sri C.R. Mensinkai, learned counsel for the appellant as well as Sri B.C. Jnanayya Swami learned counsel for respondent. 2. The subject matter of this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Ron in MVC 1 of 2013 dated 20.08.2014. The appellant who was ordered to pay compensation to the respondent is before this Court with a contention that the compensation that is granted is excessive. 3. As against the claim for Rs.16,18,000/- in total, the tribunal granted a sum of Rs.4,70,112/- as compensation. 4. On this day when learned counsel for the appellant states that the disability as assessed by tribunal is - 3 - HC-KAR NC: 2025:KHC-D:15889 MFA No. 100164 of 2015 on higher side and the medical expenses granted is also on higher side, learned counsel for the respondent graciously state that the compensation granted is slightly on higher side, but considering the fact that the respondent/claimant sustained a grievous injury and became permanently and completely disabled, the compensation granted may be marginally reduced. 5. The grievance of the appellant is that the disability assessed by the tribunal is on higher side. Admittedly, at para 14 of the impugned order the tribunal exhibited its opinion that the disability in respect of whole body can be taken as 20%. However, at para 16 of the impugned order, the tribunal again held that the functional disablement has to be taken as 25% in respect of whole body. 6. Having considered the totality of evidence produced and in the light of the discrepancy exhibited by the tribunal in assessing the disability, this Court is of the - 4 - HC-KAR NC: 2025:KHC-D:15889 MFA No. 100164 of 2015 view that the compensation that is granted by the tribunal if reduced by Rs.25,000/-, the balance of amount which the respondent/claimant receives will be justifiable. Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ron through orders in MVC 1 of 2013 dated 20.08.2014 is reduced by Rs.25,000/-. (iii) Amount if any in deposit, be transmitted to the concerned tribunal forthwith. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 9