Karnataka High Court
Kiran vs Rama Bhairu Sulebhavikar on 10 October, 2025
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NC: 2025:KHC-D:13712
MFA No. 102767 of 2014
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. 102767 OF 2014 (MV-)
BETWEEN:
SHRI KIRAN S/O. RAMA PAWAR,
AGE: 41 YEARS, OCC: CENTERING WORK (NOW NIL)
R/O: H.NO.917, MARUTI GALLI,
NEAR GANDHI HIGH SCHOOL,
GOUNDAWAD, TAL & DIST: BELGAUM.
...APPELLANT
(BY SRI. YASH FOR SRI. VITTHAL S. TELI, ADVOCATES)
AND:
1. SHRI RAMA BHAIRU SULEBHAVIKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: H.NO.242, SHIVAJI GALLI,
GOUNDAWAD, TAL & DIST: BELGAUM.
2. THE MANAGER,
GIRIJA A.
BYAHATTI RELIANCE GENERAL INSURANCE COMPANY LTD.,
HAVING ITS OFFICE AT NEHRU NAGAR,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
NEAR KOLHAPUR CIRCLE, BELGAUM.
COURT OF
KARNATAKA
DHARWAD BENCH
...RESPONDENTS
DHARWAD
(NOTICE TO R1 & R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(3) OF MOTOR
VEHICLES ACT PRAYED THAT THE JUDGMENT AND AWARD
DATED 08.09.2014 IN MVC NO.2777/2013 BY THE I
ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIM
TRIBUNAL-II BELGAUM, IN AWARDING THE COMPENSATION OF
RS.95,000 AND INTEREST AT RATE OF 9% FROM THE DATE OF
PETITION AND MAY BE KINDLY MODIFIED BY ENHANCING AS
PRAYED FOR WITH 18% INTEREST, IN THE INTEREST OF
JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13712
MFA No. 102767 of 2014
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.Yash who represents Sri.Vitthal S.Teli learned counsel on record for the appellant. Though notice was served upon respondents No.1 and 2, they did not choose to contest the matter.
2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-II, Belgaum (hereinafter referred to as 'the tribunal' for brevity) in MVC No.2777/2013 dated 08.09.2015. This is a claimant's appeal.
3. The only ground projected by the learned counsel for the appellant during the course of hearing is in respect of failure on part of the tribunal to award compensation towards loss of future earnings. Learned counsel submits that the appellant sustained grievous injury in a road traffic -3- NC: 2025:KHC-D:13712 MFA No. 102767 of 2014 HC-KAR accident and took treatment. During the course of treatment he underwent a surgery also. PW-2 who examined the appellant clinically and radiologically, assessed the disability as 30% in respect of left lower limb. The tribunal without considering the said assessment, failed to award any sum as compensation towards loss of future earnings. Learned counsel submits that the appellant by attending Centring work, was earning Rs.12,000/- per month by the date of accident. At least taking into consideration the notional income as Rs.7,000/- which is considered by the High Court Legal Services Committee, Dharwad Bench for the relevant period the Tribunal might have awarded compensation towards loss of future earnings.
4. Exhibiting its opinion that the appellant failed to examine the Doctor who treated him, the tribunal failed to appreciate the evidence of PW-2. However the evidence of PW-2 is that the X-Ray revealed malunited fracture with implants in situ and mild osteoarthritis changes in the left -4- NC: 2025:KHC-D:13712 MFA No. 102767 of 2014 HC-KAR knee joint. He assessed disability as 30% in respect of left lower limb. However considering the totality of evidence produced, this Court considers to take disability in respect of whole body as 8%. The appellant by all the evidence produced established that he was aged about 40 years by the date of accident. Therefore the appropriate multiplier to be applied as per the decision of the Hon'ble Apex Court in Sarala Verma and others vs. Delhi Transport Corporation and another1 is '15'. Further as pleaded by learned counsel for the appellant this Court considers desirable to take the nominal income of the appellant as Rs.7,000/- per month. Therefore the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.1,00,800/- (7,000 X 12 X 15 X 8%). Therefore the appeal is to be disposed of with the following:
ORDER
(i) The appeal is allowed in part. 1 (2009) 6 SCC 121 -5- NC: 2025:KHC-D:13712 MFA No. 102767 of 2014 HC-KAR
(ii) The compensation that is granted by the Motor Accident Claims Tribunal-II, Belgaum through orders in MVC No.2777/2013 dated 08.09.2014 is enhanced by Rs.1,00,800/-.
(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 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 RH CT-MCK List No.: 1 Sl No.: 34