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2025 DAILYLAW 65765 (KAR)

THE DIVISIONAL CONTROLLER, KSRTC, v. SMT. HANAMAWWA W/O SIDDAPPA ALAGUNDI

MFA/100886/2018 · 2025-10-10

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13713 MFA No. 100886 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100886 OF 2018 (MV-I) BETWEEN: THE DIVISIONAL CONTROLLER, N.W.K.S.R.T.C., NAVANAGAR-BAGALKOTE, (OWNER OF KSRTC BUS NO.KA-42/F-1956) REPRESENTED BY CHIEF LAW OFFICER. …APPELLANT (BY SRI. S.C. BHUTI, ADVOCATE) AND: SMT. HANAMAWWA W/O. SIDDAPPA ALAGUNDI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: SHIROL, TQ: MUDHOL, DIST: BAGALKOTE-587 313. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL IX, MUDHOL, DIST: BAGALKOTE IN M.V.C.NO.281/2016 DATED 27.10.2017 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13713 MFA No. 100886 of 2018 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri S.C.Bhuti, learned Counsel for the appellant. Though notice was served upon the respondent, the respondent did not turn up to contest the matter. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-IX, Mudhol, in MVC 281 of 2016 dated 27.10.2017. 3. On the ground that, the tribunal awarded exorbitant sum as compensation and that the interest granted is also on the higher side, the present appeal is filed. 4. Learned counsel for the appellant submits that the respondent/claimant sustained simple injuries only and thus the compensation granted is on higher side. 5. The tribunal through the impugned order granted a sum of Rs.50,000/- as compensation. It is not in dispute that the petitioner sustained injuries over left shoulder, left elbow and on posterior scalp. No material is on record to show that - 3 - HC-KAR NC: 2025:KHC-D:13713 MFA No. 100886 of 2018 they are grievous in nature. However the respondent/claimant established that she spent Rs.14,636/- for treatment. Therefore this Court is of the view that awarding compensation of Rs.50,000/- in total cannot be held to be unjustifiable or that the amount granted is on higher side. 6. So far as interest is concerned, as rightly submitted by learned counsel for the appellant the interest granted should be reduced from 9% per annum to 6% per annum. Therefore the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The rate of interest that is granted by the tribunal is reduced from 9% to 6% per annum. (iii) The award of the tribunal on all other aspects holds good. (iv) Amount if any in deposit, be transmitted to the concerned tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK: List No.: 1 Sl No.: 21