Karnataka High Court
Mubarak S/O Iqbal Mujawar vs Mr. Balraj Singh Budania on 10 October, 2025
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NC: 2025:KHC-D:13725
MFA No. 102873 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102873 OF 2024 (MV-I)
BETWEEN:
MUBARAK S/O. IQBAL MUJAWAR,
AGED 32 YEARS, OCC: NIL
R/O. VAISHNAVI NAGAR, NANDRA,
SANGLI, STATE: MAHATRASHTRA-416416,
NOW AT JANNAT NAGAR, DHARWAD-580004.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. MR. BALRAJ SINGH BUDANIA,
AGE: 48, OCC: BUSINESS,
R/O. GALA NO.18, SHREE MAHAVIR SHOPPING
PLAZA, DAPOODA TALUK, BHIVANDI,
DIST: THANE-421302, STATE: MAHARASHTRA.
2. THE DIVISIONAL MANAGER,
GIRIJA A.
BYAHATTI RELIANCE INSURANCE CO. LTD.,
Digitally signed by
CTS NO. 472-474, V.A.KALBURGI SQUARE,
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
DESAI CROSS, DESHPANDE NAGAR,
KARNATAKA
DHARWAD BENCH
DHARWAD
HUBBALLI-580029.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYED TO ENHANCE THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C.
NO.366/2021 ON THE FILE OF THE IV ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL M.A.C.T. DHARWAD DATED
22.02.2024, BY ALLOWING THE THIS APPEAL WITH COSTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13725
MFA No. 102873 of 2024
HC-KAR
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Harish S. Maigur, learned counsel for the appellant as well as Sri Nagaraj C. Kolloori, learned counsel for respondent No.2. At request of both the learned counsel the matter is taken up for final hearing and disposal.
2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Dharwad in MVC 366 of 2021 dated 22.02.2024. This is a claimant's appeal. As against the claim for Rs.25,00,000/- in total, the tribunal through the impugned order awarded a sum of Rs.3,86,030/- as compensation. The version of the appellant is that he is entitled to a higher sum.
3. Arguing the matter, learned counsel for the appellant submits that the appellant as a driver of lorry was earning Rs.15,000/- per month by the date of accident. The -3- NC: 2025:KHC-D:13725 MFA No. 102873 of 2024 HC-KAR appellant sustained grievous injury to the right lower limb which resulted in permanent physical disability. PW2 clearly stated that the disability in respect of right lower limb is 31%. However the tribunal took the disability in respect of whole body as 11% which is unjustifiable. Learned counsel submits that though the appellant projected that he was earning Rs.15,000/- per month by the date of accident, the tribunal erroneously took the notional income as Rs.14,000/- per month. Learned counsel contends that the compensation that is granted by the tribunal under all other heads is also on lower side.
4. Per contra, the submission that is made by learned counsel for respondent No.2 is that the tribunal having taken into account the totality of facts, considered the disability in respect of whole body as 11% which is justifiable. Learned counsel also states that the tribunal granted huge amount as compensation and directed the second respondent to pay the same with interest at the rate of 8% per annum which is -4- NC: 2025:KHC-D:13725 MFA No. 102873 of 2024 HC-KAR exorbitant. Learned counsel thereby seeks to dismiss the appeal.
5. The crux of the case as borne by record is that the appellant while driving a lorry met with an accident when his lorry was hit by another lorry. Therefore it is clear that the appellant is a driver by profession. The accident occurred in the year 2021. The appellant projected that he was earning Rs.15,000/- per month as driver by the date of accident. A lorry driver earning Rs.15,000/- per month in the year 2021 cannot be doubted. Therefore this Court considers desirable to take the income of the appellant as Rs.15,000/- per month.
6. Coming to the aspect of disability, the evidence of PW2 is that the disability in respect of right lower limb is 31%. The tribunal took disability in respect of whole body as 11%. However, having considered the fact that the appellant is a driver by profession and use of lower limbs is much required for the drivers, this Court considers desirably to take the functional disability in respect of the whole body as 13%. Thus taking the income as Rs.15,000/- per month, the disability as -5- NC: 2025:KHC-D:13725 MFA No. 102873 of 2024 HC-KAR 13%, applying the appropriate multiplier '16', the compensation which the appellant is entitled to receive under the head 'loss of future earnings' is Rs.3,74,400/- (15,000 X 12 X 16 X 13%).
7. As rightly contented by learned counsel for the appellant, the tribunal failed to award justifiable sum as compensation towards loss of income during laid up period. Having considered the nature of injury sustained, this Court is of the view that the appellant would not have attended his normal pursuits more particularly his duty as driver at least for a period of 5 months. Thus loss of earnings during laid up period comes to Rs.75,000/- (15,000 X 5).
8. After giving anxious consideration to the submission that is made by both the learned counsel and in the light of the discussion that went on supra, this Court concludes that the appellant is entitled to compensation under following heads:
Heads Amount in Rs.
Towards Pain and suffering 30,000.00
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NC: 2025:KHC-D:13725
MFA No. 102873 of 2024
HC-KAR
Towards Medical Expenses 21,350.00
Towards Food, extra
nourishment, attendant and 25,000.00
conveyance charges
Towards loss of future earnings 3,74,400.00
Towards loss of income during
75,000.00
laid up period
Towards loss of amenities in life 25,000.00
Total 5,50,750.00
9. Thus this Court ultimately holds that the appellant is entitled to receive a sum of Rs.5,50,750/- 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 Additional Motor Accident Claims Tribunal, Dharwad through orders in MVC 366 of 2021 dated 22.02.2024 is enhanced from Rs.3,86,030/- to Rs.5,50,750/-.
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 8 weeks from -7- NC: 2025:KHC-D:13725 MFA No. 102873 of 2024 HC-KAR the date of receipt of certified copy of this judgment.
v) On such deposit, the appellant is permitted to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 59