Karnataka High Court
Shivaputrappa S/O Tirakappa Angadi vs Managing Director on 26 November, 2025
-1-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.102155 OF 2022 (MV-I)
BETWEEN:
SHIVAPUTRAPPA
S/O. TIRAKAPPA ANGADI,
AGE: 54 YEARS, OCC: NIL,
R/O. MUTTUR,
TQ: BYADAGI,
DIST: HAVERI-581106.
...APPELLANT
(BY SRI. MAHADEV, ADVOCATE FOR
GIRIJA A. SRI. HAREESH S. NAYAK, ADVOCATE)
BYAHATTI
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
AND:
KARNATAKA
DHARWAD BENCH
DHARWAD
1. MANAGING DIRECTOR,
SELF INSURANCE FUND,
N.W.K.R.T.C. SADAN,
HUBBALLI-580020.
2. DIVISIONAL CONTROLLER (DC),
N.W.K.R.T.C. HAVERI DIVISION,
HAVERI-581110,
-2-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
HC-KAR
(BUS BEARING NO.KA 17/F-859
BYADGI DEPOT).
3. MARUTI
S/O. RAMAKRISHNAPPA KITTUR,
AGE: MAJOR,
OCC: BUS DRIVER,
KSRTC DEPOT, BYADGI,
R/O. HOSASHIDENUR,
TQ: BYADGI,
DIST: HAVERI-581106.
...RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R1 & R2;
NOTICE TO R3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL; SET
ASIDE THE IMPUGNED JUDGMENT AND AWARD PASSED IN MVC
NO.129/2014 DATED 01.03.2019 PASSED BY THE ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL, HAVERI AND KINDLY ENHANCE THE COMPENSATION
AMOUNT; CALL FOR THE RECORDS AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
-3-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Mahadev, who represents Sri Harish S. Nayak, learned counsel on record for the appellant as well as Sri M.K.Soudagar, learned counsel for respondents 1 and
2.
2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Haveri through orders in MVC 129 of 2014 dated 01.03.2019, the claimant therein presented the present appeal.
3. Arguing the matter, learned counsel who represents the appellant states that the appellant was an agriculturist and was also doing business as on the date of accident. Without considering the occupation of the appellant, the tribunal took the income of the appellant as Rs.5,000/- per month notionally. Learned counsel states that the tribunal thereby awarded very meager sum as compensation towards 'loss of future earnings' and 'loss of -4- NC: 2025:KHC-D:16411 MFA No. 102155 of 2022 HC-KAR earnings during laid up period'. Learned counsel further submits that the compensation that is granted by the tribunal under all other heads is also on lower side.
4. Learned counsel for respondents 1 and 2 states that the appellant failed to establish his occupation as on the date of accident. However as the accident occurred in the year 2013 and for the relevant period the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.7,000/- per month, for settlement of claims, the said figure may be considered.
5. Undisputedly the appellant failed to establish his occupation as on the date of accident. Equally earnings were also not established. However considering the submission that is made by learned counsel for respondents 1 and 2, the notional income of the appellant is taken as Rs.7,000/- per month. Thus without disturbing other parameters as adopted by the tribunal i.e., application of appropriate multiplier '13' and the disability in respect of -5- NC: 2025:KHC-D:16411 MFA No. 102155 of 2022 HC-KAR whole body as 10%, the compensation which the appellant is entitled to receive towards 'loss of future earnings' comes to Rs.1,09,200/- (7,000x12x13x10%).
6. The appellant by all the evidence produced established that he sustained fracture of shaft of middle 1/3rd of right tibia and took treatment as inpatient for a period of 12 days. He also established that during the course of treatment he underwent a surgery. Therefore this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 3 months. Therefore 'loss of earnings during laid up period' comes to Rs.21,000/-(7000x3). Also having considered the totality of evidence produced, this Court is of the view that the appellant is entitled to compensation under following heads:
Heads Amount in Rs.
Towards pain and suffering 15,000,/-
Towards medical expenses 46,650/-
Towards food, extra-nourishment, 10,000/-
conveyance and attendant
charges
-6-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
HC-KAR
Loss of future earnings 1,09,200/-
Loss of income during laid up 21,000/-
period
Loss of amenities in life. 10,000/-
Total 2,11,850/-
7. The tribunal awarded a sum of Rs.1,59,650/- as compensation. However the foregoing discussion makes it clear that the appellant is entitled to a sum of Rs.2,11,850/- as compensation. Therefore the appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the Motor Accident Claims Tribunal, Havari through orders in MVC 129 of 2014 dated 01.03.2019 is enhanced from Rs.1,59,650/- to Rs.2,11,850/-.
(iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 394 days as per orders in IA No. 1 of 2022.-7-
NC: 2025:KHC-D:16411 MFA No. 102155 of 2022 HC-KAR
(iv) Respondents 1 and 2 are directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment.
(v) On such deposit, appellant is permitted to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA) JUDGE EM CT: MCK List No.: 1 Sl No.: 26