- 1 - HC-KAR NC: 2026:KHC-D:776 MFA No. 101106 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101106 OF 2021 (MV-I) BETWEEN: THE DIVISIONAL CONTROLLER, NWKRTC, SIRSI, DIVISIONAL OFFICE, SIRSI, (R.C. OWNER OF THE BUS BEARING NO.KA-42/F424) REPRESENTED BY CHIEF LAW OFFICER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …APPELLANT (BY SRI. S.C. BHUTI, ADVOCATE) AND: 1. SMT. PARAMESHWARI NARAYAN AMBIG, AGED ABOUT 43 YEARS, OCC. FISH VENDING, R/O. DIVAGI, TQ. KUMTA, DIST. UTTARA KANNADA-581343. 2. SRI. DEVAPPA S/O. DODDAPPA SHARANABASAVESHWAR TEMPLE, AGE. NAGNOOR, TQ. HORAPUR, DIST. YADGIR-585224, (R.C. OWNER OF TEMPO TRAX BEARING, NO.KA-23/A 7614) 3. SRI. MADHUKAR S/O. PUTTU NAIK, R/O. KENI, TQ. ANKOLA-581314, (R.C. OWNER OF MAXI CAB BEARING REG. NO.KA-30/1826) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:776 MFA No. 101106 of 2021 4. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, 1ST FLOOR, VIDYAPOORANA COMPLEX, NEAR HEAD POST OFFICE, UDUPI-576101. …RESPONDENTS (BY SRI. NAVEEN CHATRAD, ADVOCATE FOR R1; SRI. N.R. KUPPELUR, ADVOCATE FOR R4; NOTICE TO R2 AND R3 ARE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 18.03.2021 PASSED IN MVC NO.289/2018 ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KUMTA. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.289/2018 dated 18.03.2021 by the learned Member, Addl. MACT, Kumta, the Corporation is before this Court seeking reduction of compensation. 2. The Tribunal had granted compensation as per the table given below: - 3 - HC-KAR NC: 2026:KHC-D:776 MFA No. 101106 of 2021 Heads Compensation Awarded 1. Pain and suffering Rs. 40,000/- 2. Medical expenses Rs. 27,210/- 3. Conveyance, attendant charges & food and nourishment expenses, loss of income during treatment period Rs. 18,000/- 4. Loss of income due to disability Rs. 2,15,250/- TOTAL : Rs. 3,00,460/- 3. Learned counsel appearing for the appellant/Corporation submits that the Tribunal had granted interest at 9% per annum, which is on the higher side. He further submits that the Tribunal had granted future prospects for a disability of 10% and even on the other heads also, the amount that is awarded by the Tribunal is not just and reasonable. 4. Learned counsel appearing for the respondent/claimant submits that even though the disability assessed by the Tribunal is at 10%, still the claimant is entitled for future prospects and therefore, the Tribunal had rightly considered and granted future prospects. It is further submitted that in fact the claimant is entitled for compensation under the - 4 - HC-KAR NC: 2026:KHC-D:776 MFA No. 101106 of 2021 head of loss of amenities, but the Tribunal had failed to consider the same. In response to that, learned counsel appearing for the insurance company submits that, no appeal is preferred by the respondent/claimant and hence, it is not open to the claimant to argue on this aspect. 5. Having heard the learned counsels on either side, perused the entire material on record. The first contention with regard to the interest, the claimant is not entitled for interest at the rate of 9% per annum and he is only entitled for interest at the rate of 6% per annum. Then coming to the future prospects, the same cannot be granted for a disability of 10%. The Tribunal had rightly taken the income at Rs.10,250/- per month. Hence, under the head of loss of future income, this Court is granting an amount of Rs.1,72,200/- (Rs.10,250x12x14x10/100). Coming to the loss of income during laid up period, no amount is granted. Hence, under the head of loss of income during laid up period, for three months, this Court is granting an amount of Rs.30,750/- (Rs.10,250x3). As the claimant was in hospital for 15 days, this Court is granting an amount of Rs.15,000/- under the conventional heads i.e., conveyance, attendant charges, food and nourishment expenses. The amount awarded by - 5 - HC-KAR NC: 2026:KHC-D:776 MFA No. 101106 of 2021 the Tribunal under the heads of pain and suffering and medical expenses is just and reasonable, hence, no interference is called for. 6. The claimant is entitled for compensation under the following heads: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain and Sufferings : Rs. 40,000/- 40,000/- 2. Medical Expenses : Rs. 27,210/- 27,210/- 3. Loss of future income : Rs. 2,15,250/- 1,72,200/- 4. Loss of income during laid up period : Rs. 00/- 30,750/- 5. Conventional heads i.e., conveyance, attendant charges, food & diet : Rs. 18,000/- 15,000/- TOTAL : Rs. 3,00,460/- 2,85,160/- 7. Accordingly, the appeal filed by the Corporation is partly allowed by reducing the compensation from an amount of Rs.3,00,460/- to Rs.2,85,160/-. - 6 - HC-KAR NC: 2026:KHC-D:776 MFA No. 101106 of 2021 i. The entire amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The amount in deposit shall be forthwith transmitted to the Tribunal. iii. The appellant-Corporation shall deposit the remaining amount, if any, within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. Registry is directed to send the certified copy of the order passed by this Court to the Tribunal forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 21