- 1 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101790 OF 2015 (MV-I) BETWEEN: THE MANAGING DIRECTOR, N.W.K.R.T.C., BIJAPURA DIVISION, BIJAPURA. THROUGH ITS DIVISIONAL CONTROLLER, DIVISIONAL OFFICE, NWKRTC, BELAGAVI DIVISION, BELAGAVI. REPRESENTED BY THE CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. (OWNER CUM-INSURER OF NWKRTC BUS BEARING REG. NO. KA-28/F-877) …APPELLANT (BY SRI. I.C. PATIL, ADVOCATE) AND: MR. MAHADEV S/O. MUTTAPPA HIDAKAL, AGE: 45 YEARS, OCC: AGRICULTURE AND AGRICULTURE COOLIE, R/O: MUGALKHOD, TAL: RAIBAG, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 DIST: BELAGAVI. (SINCE UNSOUND REPRESENTED BY HIS NEXT FRIEND-GUARDIAN, SHRI MUTTAPPA S/O. YALLAPPA HIDAKAL, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, AS PER IA.NO.3) …RESPONDENT (BY SRI. ASHOK A. NAIK, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO CALL FOR RECORDS IN MVC NO.2075/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT RAIBAG TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.01.2015 PASSED IN M.V.C. NO.2075/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, AT RAIBAG, AS COMPENSATION AWARDED IS EXCESSIVE AND EXORBITANT AND PETITION IS NOT MAINTAINABLE, BY ALLOWING THIS APPEAL. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.I.C.Patil, learned counsel for the appellant as well as the Sri.Ashok A.Naik, learned counsel for the respondent. With a contention that the compensation that is granted by the Motor Accident Claims Tribunal, Raibag (hereinafter referred to as ‘the Tribunal’ for brevity) through orders in M.V.C. No.2075/2013 dated 27.01.2015 is high and exorbitant, the respondent therein preferred the present appeal. 2. Arguing the matter, learned counsel for the appellant submits that the respondent failed to produce any proof with regard to his occupation and earnings as on the date of accident. But the Tribunal took the notional income as Rs.7,000/- per month. Learned counsel submits that the accident occurred in the year 2006 and for the relevant - 4 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.3,750/- per month and hence, adopting the said figure, the compensation granted under the head ‘loss of future earnings’ is required to be reduced. Learned counsel further submits that a huge sum of Rs.50,000/- is awarded for pain and suffering. But the respondent sustained only one grievous injury and thus, the said amount is on higher side. Learned counsel ultimately seeks for reduction of the sum that is awarded as compensation in favour of the respondent. 3. On the other hand, the submission that is made by learned counsel for the respondent is that the respondent sustained grievous injury and got admitted in hospital for treatment. Learned counsel states that the respondent is left with disability of 40% in respect of right lower limb. But without considering these aspects, the Tribunal awarded a sum of Rs.6,000/- only towards loss of earnings during laid up period. Learned counsel also submits that the Tribunal did not award any compensation - 5 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 towards loss of amenities in life and thus, there are no grounds to reduce the amount further. 4. As rightly contented by learned counsel for the appellant, the respondent failed to produce any proof with regard to his occupation and earnings as on the date of accident. On what basis the Tribunal took notional income as Rs.7,000/- per month is not clarified in the impugned order. Also as rightly contented, the compensation granted towards pain and suffering that is Rs.50,000/- is on higher side. At the same time, the compensation granted towards loss of earnings during laid up period that is Rs.6,000/- is on lower side. Also the appellant is entitled to certain amount towards loss of amenities in life. However, considering the fact that the Tribunal awarded exorbitant sum as compensation under the head pain and suffering and towards loss of future earnings and that the Tribunal ought to have taken the notional income as Rs.3,750/- per month and further taking into consideration the fact that the compensation granted towards loss of earnings during - 6 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 laid up period is on lower side and that the respondent is entitled to certain amount towards loss of amenities in life, this Court is of the view that the compensation that is granted by the Tribunal is to be reduced to an extent of Rs.40,000/- only. Therefore, the appeal is disposed with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Raibag through orders in M.V.C. No.2075/2013 dated 27.01.2015 is reduced by Rs.40,000/-. (iii) The observations of the Tribunal on all other aspects holds good. - 7 - HC-KAR NC: 2025:KHC-D:15314 MFA No. 101790 of 2015 (iv) Amount if any in deposit, be transmitted to the concerned Tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 26