Karnataka High Court
Somalingappa S/O. Basappa Nandyal vs Sureshchannabasappa Shiggavi on 6 November, 2025
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NC: 2025:KHC-D:15225
MFA No. 101432 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 6TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 101432 OF 2014 (MV)
BETWEEN:
SOMALINGAPPA S/O. BASAPPA NANDYAL,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. GANGAPUR VILLAGE, TQ: RANEBENNUR.
...APPELLANT
(BY SRI. NAGARAJ J. APPANNANAVAR, ADVOCATE FOR
SRI. LAXMAN T. MANTAGANI, ADVOCATE)
AND:
1. SURESH CHANNABASAPPA SHIGGAVI,
AGE: MAJOR, OCC: AGRICULTURE & BUSINESS,
R/O. GUNDENAHALLI VILLAGE, TQ: BYADAGI.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
GIRIJA A. ENKAY COMPLEX, KESHWAPUR, HUBLI.
BYAHATTI
...RESPONDENTS
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2;
KARNATAKA
DHARWAD BENCH
DHARWAD NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND
AWARD PASSED BY THE COURT OF CIVIL JUDGE (SR.DN) AND
A.M.A.C.T. RANEBENNUR IN M.V.C.NO.127/2004 DATED 15-10-
2009 AND ALLOW THE APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:15225
MFA No. 101432 of 2014
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Sri.Nagaraj J. Appannavar, who appears before this Court physically and represents Sri.Laxman T. Mantagani, learned counsel on record for the appellant. Also heard Ms. Aruna Deshpande, learned counsel for respondent No.2, who appears through Video Conference.
2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur, in MVC No.127/2004 dated 15.10.2009. This is a claimant's appeal.
3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained two grievous injuries in a road traffic accident apart from three other simple injuries. The injuries resulted in permanent physical disability. But without appreciating -3- NC: 2025:KHC-D:15225 MFA No. 101432 of 2014 HC-KAR the evidence produced, the Tribunal granted compensation of Rs.45,000/- in total and aggrieved by the sum thus awarded, the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation.
4. Learned counsel for respondent No.2 submits that this Court taking the notional income into consideration for the relevant period and appropriate disability in respect of whole body, may pass necessary orders.
5. By all the evidence produced, the appellant succeeded in establishing that he sustained fracture of 3rd and 4th metatarsal bones of right foot and fracture of right knee joint, which are grievous in nature, apart from three other simple injuries. The appellant tried to project that the disability in respect of whole body is 55%. He placed much reliance on Exhibit P.64 - disability certificate. However, considering the contents of the said certificate and the injuries -4- NC: 2025:KHC-D:15225 MFA No. 101432 of 2014 HC-KAR sustained, this Court is of the view that the disability in respect of whole body can be taken as 10%.
6. The appellant failed to produce any proof with regard to his occupation and earnings as on the date of accident. Hence, as sought for by learned counsel for respondent No.2, this Court is of the view that the notional income for the relevant period is required to be taken. The High Court Legal Services Committee, Dharwad is taking the notional income for the relevant period, that is for the year 2003 for settlement of claims as Rs.3,250/-. Therefore, the notional income of the appellant is taken as Rs.3,250/- per month. The age of the appellant as borne by medical record as on the date of accident is 38 years. Therefore, the appropriate multiplier to be applied as per the decision of the Hon'ble Apex Court in the case of Sarla Verma v. Delhi Transport Corporation1, is 15. 1 (2009) 6 SCC 121 -5- NC: 2025:KHC-D:15225 MFA No. 101432 of 2014 HC-KAR
7. Thus, on taking the notional income of the appellant as Rs.3,250/- per month, the appropriate multiplier to be applied as 15 and the disability in respect of whole body as 10%, the compensation which the appellant is entitled to receive towards 'loss of future earnings' is Rs.58,500/- (Rs.3,250 × 12 × 15 × 10%).
8. In the light of the injuries sustained, the appellant might have taken bed rest at least for a period of four months. Therefore, 'loss of earnings during laid-up period' comes to Rs.13,000/- (Rs.3,250 × 4).
9. Thus, considering the evidence produced and the submissions made by both the learned counsel, this Court is of the view that the appellant is entitled to compensation under following heads:
Head of Compensation Amount
(Rs.)
Pain and suffering 30,000.00
Food, extra nourishment, 5,000.00
conveyance and attendant
charges
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NC: 2025:KHC-D:15225
MFA No. 101432 of 2014
HC-KAR
Loss of future earnings 58,500.00
Medical Expenses 10,000.00
Loss of income during laid-up 13,000.00
period
Loss of amenities in life 10,000.00
Total 1,26,500.00
10. Thus, the above discussion makes it clear that the appellant is entitled to a sum of Rs.1,26,500/- as compensation. Therefore, the appeal is disposed of with the following order:
ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur, through orders in MVC No.127/2004 dated 15.10.2009 is enhanced from Rs.45,000/- to Rs.1,26,500/-.-7-
NC: 2025:KHC-D:15225 MFA No. 101432 of 2014 HC-KAR iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit.
iv. Respondent No.2 is directed to deposit the enhanced sum within a period of eight 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 gab CT-MCK List No.: 1 Sl No.: 18