Dismissed¶¶34

The Divisional Controller v. Shri.Ramesh S/O Hanamant Bajantri

Karnataka HC6 Jun 2025MFA/101364/2018

Case brief

AI extract

What is this about?

Dismissed NWKRTC injury appeal under S.173(1) MV Act 1988 upholding MACT No.III Bagalkot award in MVC No.514/2014: 10% permanent physical disability (doctor assessed 10-15%), notional income Rs.7,000 p.m., Rs.1,51,200/- towards loss of income due to disability; no reduction in quantum; deposit to be transmitted to Tribunal with TCR; Karnataka HC Dharwad Bench, Justice Hanchate Sanjeevkumar, decided 06-06-2025.

What did the court decide?

The Tribunal's adoption of 10% permanent physical disability is correct: the treated doctor held that the claimant suffered permanent disability at 10-15%, and as the claimant is a driver by profession, this quantity of disability certainly affects his earning capacity. ¶¶28

The Divisional Controller Vs Shri.Ramesh S/O… — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the quantum of compensation awarded by the Tribunal (Member MACT No.III, Bagalkot) in MVC No.514/2014 is correct, legal and proper, or requires reduction/interference by this Court.

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Court's answer

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Ratio / Principle

The notional income of Rs.7,000 per month taken by the Tribunal is found to be correct, and the compensation of Rs.1,51,200/- towards loss of income due to disability assessed and quantified on that basis stands validated.

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Key takeaways

Upon considering the evidence on record, the quantum of compensation assessed and quantified on the other heads is just and proper, and there is no need for interference by this Court.ratio¶¶33
Considering the overall quantum of compensation awarded by the Tribunal, it is found to be correct, legal and proper; no reduction is required, and the appeal is devoid of merits.ratio¶¶33
The amount in deposit made by the appellant/NWKRTC shall be transmitted to the Tribunal along with TCR.

Detailed headnote1 paragraphs

Miscellaneous First Appeal (MV-I) No. 101364 of 2018 — Divisional Controller, NWKRTC v. Shri. Ramesh s/o Hanamant Bajantri — filed under Section 173(1) of MV Act, 1988 against the judgment and award dated 30.12.2017 of Member MACT No.III, Bagalkot in MVC No.514/2014. The claimant, a driver by profession, suffered fractured injury to the left leg femur and other injuries; the treated doctor assessed permanent disability at 10-15% and the Tribunal adopted 10% permanent physical disability, took notional income of Rs.7,000 p.m., and quantified Rs.1,51,200/- towards loss of income due to disability. The High Court (Justice Hanchate Sanjeevkumar, oral judgment) found the disability factor, the notional income, and the compensation on the other heads just and proper; the overall quantum was held correct, legal and proper with no reduction warranted, and the appeal was found devoid of merits and dismissed, with the amount in deposit to be transmitted to the Tribunal along with TCR.

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NC: 2025:KHC-D:7398 MFA No. 101364 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO. 101364 OF 2018 (MV-I)

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BETWEEN:

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THE DIVISIONAL CONTROLLER, NWKRTC, NAVANAGAR, BAGALKOT, REP. BY DULY CONSTITUTED AUTHORITY.

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… APPELLANT

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(BY SRI. M.K. SOUDAGAR, ADVOCATE)

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AND:

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SHRI. RAMESH S/O HANAMANT BAJANTRI, AGE: 24 YEARS, OCC: DRIVER, R/O: GULEDGUDD, TQ: BADAMI, DIST: BAGALKOT-587 101.

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… RESPONDENT

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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(BY SRI. S.C. HIREMATH, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 30.12.2017 PASSED IN MVC NO.514/2014 ON THE FILE OF THE MEMBER M.A.C.T. NO.III, BAGALKOT, AT BAGALKOT.

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

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NC: 2025:KHC-D:7398 MFA No. 101364 of 2018

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal.

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The appeal is filed by the appellant/NWKRTC challenging the judgment and award dated 30.12.2017 passed in MVC No.514/2014 on the file of Member MACT No.III, Bagalkot (hereinafter referred to as ‘the Tribunal’ for short).

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In the present case, from the medical evidence on record, it is proved that the claimant has suffered fractured injury to the left leg femur and other injuries. The doctor is the treated doctor and held that the claimant has suffered permanent disability at 10-15% and accordingly, the Tribunal held 10% as permanent physical disability. The claimant is a driver by profession. Therefore, certainly this quantity of disability affects the earning capacity of the claimant; therefore, the disability

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3 - NC: 2025:KHC-D:7398 MFA No. 101364 of 2018

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HC-KAR

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considered by the Tribunal is found to be correct. Further,

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the notional income taken by the Tribunal at Rs.7,000/p.m. is found to be correct, and accordingly, assessed and quantified the compensation of Rs.1,51,200/- towards loss of income due to disability.

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Further, upon considering the evidence on record, the quantum of compensation assessed and quantified on other heads is found to be just and proper. Therefore, there is no need for interference by this Court. Hence, considering the overall quantum of compensation awarded by the Tribunal is found to be correct and legal and proper. Therefore, there is no need to make any reduction in the quantum of compensation awarded by the Tribunal. Hence, the appeal is found to be devoid of merits.

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5. Consequently, the appeal is dismissed.

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NC: 2025:KHC-D:7398 MFA No. 101364 of 2018

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HC-KAR

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