IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 07^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100409 OF 2022 (MV-I)

BETWEEN:

KUMAR MILAN AJIT PATIL AGE. 22 YEARS, OCC. STUDENT, R/O. C/O. S B KUDACHI, BASTWAD VILLAGE, TQ. DIST. BELAGAVI 591317.

…APPELLANT (BY SRI. HARISH S MAIGUR, ADVOCATE FOR APPELLANT)

AND:

THE DIVISIONAL CONTROLLER THE NWKRTC, BELAGAVI- 590001.

…RESPONDENT (BY SRI. I.C PATIL, ADVOCATE FOR RESPONDENT)

Digitally signed by MOHANKUMAR B SHELAR THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE Location: HIGH COURT OF ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE KARNATAKA JUDGMENT AND AWARD PASSED IN MVC NO.1996/2019 ON THE FILE OF THE IX ADDL. DISTRICT AND SESSION JUDGE AND ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, DATED 30.11.2021, BY ALLOWING THIS APPEAL WITH COSTS.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

The petitioner dissatisfied with the quantum of compensation filed this appeal challenging the judgment and award dated 30.11.2021 passed in MVC No. 1996 of 2019 by the learned XI Additional District and Sessions Judge, and Additional MACT, Belagavi.

2. Brief facts leading rise to the filing of this petition are as follows:

3. On 17.07.2019 the petitioner was proceeding in a Bus, the driver of the Bus drove the bus in rash and negligent manner. The tyre of the bus bust and hit the petitioner’s leg who was sitting on the top of the tyre. As the result the petitioner sustained grievous in injuries and filed a claim petition under section 166 of the Act claiming the compensation on account of the injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petition.

4. The NWKSRTC filed a statement of objections denying the averments made in the claim petition and contended that the there is no negligence on the part of the driver of the bus. It is also contended that the bus was in good condition. Accordingly, on these grounds, prays to dismiss the claim petition.

5. The similarly placed petitioner also filed a claim petition in MVC No. 1997 of 2019. Both the claim petitions were clubbed together and the separate issued were framed.

6. The petitioner to substantiate his claim, examined himself as PW1, examined the Doctor as PW3 and marked 20 documents as Ex.P.1 to Ex.P.20. Conversely, one witness was examined on behalf of NWKSRTC before the tribunal.

7. The tribunal, after recording the evidence and after assessing the verbal and documentary evidence, allowed the claim petition in part vide judgment and award dated 30.11.2021 and awarded a compensation of Rs. 5,93,530/- with interest at the rate of 6% per annum from the date of the petition till the date of deposit.

8. The petitioner dissatisfied with the quantum of compensation, filed this miscellaneous first appeal.

9. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the NWKSRTC.

10. Learned counsel for the petitioner submits that the compensation awarded by the tribunal is on the lower side. He submits that the doctor has assessed the disability at 40%, but the tribunal has assessed the disability at 14% which is not reasonable. He also submits that the compensation awarded by tribunal on the other heads is also on the lower side. Hence, on these grounds, prays to allow the appeal.

11. Per contra, learned counsel for the NWKSRTC submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference at the hands of this court. Accordingly, prays to dismiss the appeal.

12. Perused the records and considered the submissions of the learned counsel for the parties.

13. The point that would arise for consideration is regarding the quantum of compensation.

14. It is undisputed that the petitioner met with an accident on 17.07.2019 and as the result, sustained grievous injuries. The a