- 1 - HC-KAR NC: 2025:KHC-D:15618 MFA No. 103923 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103923 OF 2016 (MV) BETWEEN: THE MANAGING DIRECTOR, N.W.K.R.T.C., GOKUL ROAD, HUBBALLI, DIST: DHARWAD. (THROUGH DEPOT MANAGER, GOKAK KSRTC DEPOT, GOKAK, DIST: BELAGAVI.) (OWNER AND INTERNAL INSURER OF KSTRC BUS BEARING NO.KA-42/F 1449) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICES, HUBBALLI-580 020. …APPELLANT (BY SRI. S.C. BHUTI, ADVOCATE) AND: CHANDRAKANT S/O. VISHWANATH URANAKAR, AGE: 36 YEARS, OCC: DRIVER OF TATA ACE VEHICLE, R/O: SAUNDATTI, TQ: SAUNDATTI, NOW RESIDING AT: HUBBALLI, DIST: DHARWAD-580001. …RESPONDENT (BY SRI. ANAND D. BAGEWADE, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, SAUNDATTI, AT SAUNDATTI IN M.V.C.659/2015 DATED 19.09.2016 IN THE INTEREST OF JUSTICE AND EQUITY. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15618 MFA No. 103923 of 2016 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri. S. C. Bhuti, learned counsel for the appellant as well as Sri.Anand D. Bagewadi, learned counsel for the respondent. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Saundatti in MVC No.659/2015 dated 19.09.2016. The appellant, who was fastened with the liability to pay compensation is before this Court stating that the compensation awarded by the Tribunal is high and excessive. 3. Arguing the matter, learned counsel for the appellant states that the claimant sustained only one grievous injury in the road traffic accident. The Tribunal rightly - 3 - HC-KAR NC: 2025:KHC-D:15618 MFA No. 103923 of 2016 assessed the disability in respect of the whole body as 5%. The accident occurred in the year 2014. The Tribunal itself having observed that the claimant, i.e., the respondent herein, has not produced any proof with regard to his earnings, however took the notional income as Rs.10,000/- per month. Learned counsel states that, without any proof of earnings, taking such sum as monthly income is unjustifiable. Learned counsel states that, for settling the claims of the year 2014, the High Court Legal Services Committee, Dharwad, is taking the notional income as Rs.7,500/- per month and the same ought to have been considered by the Tribunal. Learned counsel also states that the compensation granted under all other heads, more particularly under the heads of ‘pain and suffering’ and ‘loss of amenities in life’ is exorbitant. Learned counsel further contends that the Tribunal ordered the appellant to pay the awarded sum with interest at the rate of 9% per annum, which is on the - 4 - HC-KAR NC: 2025:KHC-D:15618 MFA No. 103923 of 2016 higher side. Learned counsel thereby seeks to allow the appeal. 4. Learned counsel for the respondent submits that the respondent sustained two simple injuries apart from a grievous injury. Learned counsel submits that the Court may pass appropriate orders granting justifiable sum as compensation. 5. By all the evidence produced, respondent succeeded in establishing that he sustained an abrasion on the left knee apart from injuries to the left great toe, third, fourth and fifth toes, and auto-amputation of second toe. Admittedly, no proof whatsoever was produced by the respondent to establish his occupation and earnings as on the date of accident. Therefore, as rightly contended by learned counsel for the appellant, the Tribunal ought not to have taken the earnings of the respondent as Rs.10,000/- per month. - 5 - HC-KAR NC: 2025:KHC-D:15618 MFA No. 103923 of 2016 6. By taking the notional income as Rs.10,000/- per month, Tribunal has awarded more than the entitled sum under the heads of ‘loss of future earnings’ and ‘loss of income during treatment period’. Further, the sum awarded as compensation under the head ‘pain and suffering’ and ‘loss of amenities in life’ is also on the higher side. 7. Having considered the nature of injuries sustained, the treatment taken and the disability with which the respondent is left with, this Court is of the view that the sum that is awarded in excess will not be more than Rs.80,000/-. 8. Therefore, this Court considers desirable to allow the appeal to the extent of reducing the compensation granted by Rs.80,000/- and also awarding interest at the rate of 6% per annum on the sum which the respondent is entitled to receive. 9. Therefore, the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC-D:15618 MFA No. 103923 of 2016 ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Additional Motor Accident Claims Tribunal, Saundatti through orders in MVC No.659/2015 dated 19.09.2016 is reduced by Rs.80,000/-. iii. The sum that is payable by the appellant shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. The amount, if any, deposited be transmitted to the concerned Tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 14