- 1 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5474 OF 2021(MV-I) BETWEEN: THE MANAGING DIRECTOR, KSRTC RAMANAGAR DIVISION, ARACHAKARALLLI, RAMANAGAR-571511 REPRESENTED BY ITS CHIEF , LAW OFFICER, NWKRTC, CENTRAL OFFICE GOKUL ROAD, HUBBALLI-580031. &APPELLANT (BY SRI. DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE) AND: 1. SRI. KENDAPPA GOWDA, S/O ERAPPA GOWDA, AGED ABOUT 48 YEARS, R/O NEAR P L D BANK, SORAB, SHIVAMOGGA DISTRICT, PRESENTLY RESIDENT OF KORAKODU VILLAGE, KUPPAGADDE HOBLI, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 SORAB TALUK, SHIVAMOGGA DISTRICT-577429. 2. SRI. SANGAPPA N. NARAGUND, S/O. MAHADEVAPPA NARAGUND, AGED ABOUT 58 YEARS, R/O HUBBALLI RURAL-02 VIDYANAGAR, DEVINAGAR HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT-580021. &RESPONDENTS (BY SRI. VEERENDRA R. PATIL, ADVOCATE FOR R1; V/C/O DATED 21.03.2022, NOTICE TO R2 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED 01.01.2018 IN MVC NO.774/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIII AMACT, SORAB, AWARDING COMPENSATION OF RS.2,98,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 ORAL JUDGMENT Heard Sri.F.S.Dabali, learned counsel for the appellant, as well as Sri.Veerendra R. Patil, learned counsel for respondent No.1. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal- XIII, Soraba, in MVC No.774/2016 dated 01.01.2018. Respondent No.1 (hereinafter be referred to as the claimant) filed a petition claiming compensation on the ground that he sustained injuries in a road traffic accident that occurred in the year 2014. The tribunal through the impugned order directed the appellant herein to pay the claimant a sum of ¹2,98,500/- as compensation. Projecting that the said amount is on higher side, the present appeal is filed. 3. Arguing the matter, learned counsel for the appellant states that the tribunal awarded a sum of ¹99,000/- towards medical expenses. Learned counsel states that the claimant is a teacher by profession and - 4 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 being government servant, entire medical expenditure was reimbursed by his employer. Learned counsel states that the tribunal thereby erred in granting a sum of ¹99,000/- under the head medical expenses. 4. The tribunal at para 26 of the impugned order observed that though there is medical reimbursement made, it is a separate provision available for the government servant and though as per Ex.P16 an amount of ¹93,599/- is reimbursed, that cannot be deducted from the amount payable by the respondents therein for the reason that the injuries sustained by the claimant was due to the negligence of respondent No.1 therein. The claimant cannot get benefited of getting back the amount he spent from his employer and again from the appellant herein. As the claimant received ¹93,599/- by way of reimbursement from his employer, the tribunal ought to have deducted the said amount from the medical expenses which the appellant incurred i.e., ¹99,000/-. Thus, the claimant is - 5 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 entitled to a sum of ¹5,401/- only (¹99,000/- minus ¹93,599/-) towards medical expenses from the appellant. 5. Learned counsel for the appellant also submits that the tribunal basing on the evidence of PW2 awarded ¹75,000/- towards future medical expenses and indeed except the bare statement of PW2 in that regard, there is no other evidence. Learned counsel who represents the claimant before this Court fairly admits that except the evidence of CW1, he has not produced any other evidence to show that the claimant requires a sum of ¹75,000 for the treatment which he requires to undergo in future. 6. Having considered the nature of injuries sustained and the evidence produced, this Court is of the view that the claimant is not entitled to a sum more than ¹25,000/- towards future medical expenses. At the same time, this Court is of the view that the amount granted towards attendant and conveyance charges by the tribunal is on lower side. - 6 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 7. Though learned counsel for the appellant argued that the claimant is not entitled for future loss of earnings as he continues his job, having considered the convincing opinion expressed by the tribunal with regard to the disability taken and the aspect of the claimant continuing his job, this Court is of the view that the amount granted towards future loss of earnings requires no interference. Thus, considering the totality of facts and circumstances of the case this Court is of the view that the compensation that is granted by the tribunal is required to be reduced by ¹1,30,000. Therefore, the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal-XIII, Soraba, through orders in MVC No.774/2016 dated 01.01.2018 is reduced by ¹1,30,000/-. iii) Amount if any in deposit be transmitted to the concerned tribunal forthwith. - 7 - HC-KAR NC: 2026:KHC:1995 MFA No. 5474 of 2021 iv) Amount if any, deposited in excess, be refunded to the appellant. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 50