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Karnataka High Court
The Divisional Controller vs Smt. Parameshwari Narayan Ambig on 22 January, 2026
-1-
NC: 2026:KHC-D:776
MFA No. 101106 of 2021
HC-KAR
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,
Digitally signed by DIST. UTTARA KANNADA-581343.
VIJAYALAKSHMI
M KANKUPPI
Location: HIGH 2. SRI. DEVAPPA S/O. DODDAPPA
COURT OF SHARANABASAVESHWAR TEMPLE,
KARNATAKA
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)
-2-
NC: 2026:KHC-D:776
MFA No. 101106 of 2021
HC-KAR
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:
NC: 2026:KHC-D:776
HC-KAR
Heads Compensation
Awarded
1. Pain and suffering Rs. 40,000/-
2. Medical expenses Rs. 27,210/-
Conveyance, attendant
charges & food and
3. nourishment expenses, Rs. 18,000/-
loss of income during
treatment period
Loss of income due to
4. Rs. 2,15,250/-
disability
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
NC: 2026:KHC-D:776
HC-KAR
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
NC: 2026:KHC-D:776
HC-KAR
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. Heads Compensation Compensation
No. Awarded by Awarded by
Tribunal this Court
1. Pain and Sufferings : Rs. 40,000/- 40,000/-
2. Medical Expenses : Rs. 27,210/- 27,210/-
Loss of future
3. : Rs. 2,15,250/- 1,72,200/-
income
Loss of income
4. during laid up : Rs. 00/- 30,750/-
period
Conventional heads :
i.e., conveyance,
5. Rs. 18,000/- 15,000/-
attendant charges,
food & diet
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/-.
NC: 2026:KHC-D:776
HC-KAR
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
