- 1 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 909 OF 2024 (MV-I) BETWEEN: THE MANAGING DIRECTOR N W K R T C, CENTRAL OFFICE, SHANTHINAGAR, K H ROAD, BENGALURU-27 OWNER OF NWKRTC BUS NO.KA-29-F-1484 THE VEHICLE BELONGS TO NWKRTC HUBLI, HENCE NOW THROUGH CHIEF LAW OFFICER NWKRTC HUBLI …APPELLANT (BY SRI. NAGARAJA K., ADVOCATE) AND: SRI MOUNESH M S/O MANAPPA, AGED ABOUT 50 YEARS, R/A NO.94/A, 2ND CROSS, MUNESHWARA BLOCK, PALACE GUTTAHALLI, BENGALURU CITY, KARNATAKA- 560 003 …RESPONDENT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.08.2023 PASSED IN MVC NO.3962/2022 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND A.C.M.M, M.A.C.T., BENGALURU (SCCH- 22), AWARDING COMPENSATION OF RS. 7,10,420/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT IN THE TRIBUNAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant-Managing Director, NWKRTC (hereinafter referred to as ‘the Corporation’ for short) under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 14.08.2023 passed in MVC No.3962/2022 on the file of the XX Additional Small Causes Judge and ACMM, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 2. Heard the arguments of both sides. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. The brief facts of the case are that the petitioner/injured claimant met with an accident on 03.07.2022 and filed a claim petition claiming compensation of Rs.30,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.7,10,420/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the compensation amount granted by the Tribunal, the Corporation has preferred this appeal and mainly contended that the Tribunal has granted excess compensation and the amounts granted under the heads of pain and suffering, loss of amenities and other heads are also on the higher side. It is further contended that the notional income is to be taken as Rs.15,500/- per month as per the chart prepared by the Lok-Adalath. Future prospects at the rate - 4 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 of 25% is granted though the disability is 16%. Thus, requested for reduction of the compensation. 4. Though the petitioner stated that he was working as a cable technician and earning Rs.40,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, the Tribunal has rightly considered his notional income as Rs.15,500/- per month. The petitioner was aged 48 years and the relevant multiplier applicable is 13. 5. The petitioner has filed Ex.P7-wound certificate and also examined the doctor as PW2, who is an Orthopaedic Surgeon. He stated that the petitioner sustained a right subtrochanteric fracture, treated with CRIF with IMIL nail, and later underwent abductor mechanism repair with bone grafting. The petitioner complains of unable to walk normally, needs support, unable to sit down, squat or sit cross-legged. The doctor further deposed that the petitioner has a short shuffling gait, wasting of the right thigh muscles, and restricted - 5 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 movements of the right hip and knee. A recent X-ray of the right femur shows a united fracture with implant in situ. The doctor assessed the total disability of the right lower limb at 47% and whole body disability at 16%. He further stated that the petitioner requires another surgery for removal of the implants and estimated the cost of the surgery as Rs.60,000/-. In the cross-examination, the doctor stated that he is not the treated doctor and that he has not gone through the discharge summary and wound certificate. The Tribunal has rightly considered one-third of 47% ie., 16% disability. The petitioner is not entitled for future prospects. The loss of future earning capacity comes to Rs.15,500/- x 12 x 13 x 16% = Rs.3,86,880/-. The Tribunal has granted Rs.2,820/- towards medical expenses as per Ex.P13 and it is confirmed. The petitioner was admitted in the hospital for a period of 4 days. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and - 6 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of three months. Therefore, Rs.46,500/- (Rs.15,000/- x 3) is to be granted under the head of loss of income during the laid up period and the Tribunal has already granted Rs.30,000/- towards future medical expenses and it is confirmed. 6. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Loss of future earning capacity 3,86,880 Pain and suffering 50,000 Loss of amenities 30,000 Transportation, extra nourishment and attendant charges 30,000 Loss of income during laid up period 46,500 Medical Expenses 2,820 Future Medical expenses 30,000 Total 5,76,200 - 7 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 7. The compensation granted by the Tribunal is reduced from Rs.7,10,420/- to Rs.5,76,200/-. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.08.2023 passed in MVC No.3962/2022, by XX Additional Small Causes Judge and ACMM, Bengaluru, is modified; iii. The claimant is entitled to a sum of Rs.5,76,200/- along with interest at 6% p.a as from the date of petition till the date of realization, instead of Rs.7,10,420/- granted by the tribunal. iv. The appellant-Corporation has already deposited 50% of the compensation amount. Therefore, the Corporation is - 8 - HC-KAR NC: 2026:KHC:20287 MFA No. 909 of 2024 directed to deposit the balance compensation amount along with interest at the rate of 6% per annum within one month from the date of this order. v. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. The amount already in deposit shall be transferred to the MACT. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 47