Karnataka High Court
Shri.Mahadev S/O Kallappa Hunnargi vs Shri.Raju Sadashiv Rangoli on 14 October, 2025
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NC: 2025:KHC-D:13842
MFA No. 103580 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 103580 OF 2018 (MV-I)
BETWEEN:
SHRI MAHADEV S/O. KALLAPPA HUNNARGI,
AGE: 60 YEARS, OCC: NOW NIL,
R/O. EXAMBA, TAL: CHIKKODI,
DIST: BELAGAVI-590001.
...APPELLANT
(BY SRI. SOURABH MIRJE FOR
SRI. SHIVARAJ S. BALLOLI, ADVOCATES)
AND:
1. SHRI RAJU SADASHIV RANGOLI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: RAIBAG,
TAL: RAIBAG, DIST: BELAGAVI-590001,
(OWNER/CUSTODIAN OF HERO
GIRIJA A.
HONDA SPLENDOR BEARING
BYAHATTI REG NO.KA-23/ED-2273)
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
2. THE BRANCH MANAGER,
KARNATAKA
DHARWAD BENCH
DHARWAD
NATIONAL INSURANCE COMPANY LTD.,
ASHOK NAGAR, NIPPANI,
TAL: CHIKKODI, DIST: BELAGAVI-590001.
(POLICY NO.61020231151000917
VALID FROM 11/05/2015 TO 10/05/2016)
...RESPONDENTS
(BY SRI. S.S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND
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NC: 2025:KHC-D:13842
MFA No. 103580 of 2018
HC-KAR
AWARD DATED 21/01/2017 PASSED IN M.V.C. NO.1032/2016
ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS
JUDGE AND ADDITIONAL MACT, BELAGAVI IN SO FAR AS
DENYING THE COMPENSATION IN EXCESS OF RS.2,71,400/- BY
ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY.
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.Sourabh who represents Sri.Shivaraj S.Balloli learned counsel on record for the appellant as well as Sri.S.S.Gundi learned counsel for respondent No.2.
2. Projecting that he is entitled to a higher sum as compensation, the claimant in M.V.C. No.1032/2016 that stood pending before the Additional Motor Accident Claims Tribunal, Belagavi (hereinafter referred to as 'the Tribunal' for brevity) and was disposed of through order dated 21.01.2017 has preferred the present appeal.
3. Arguing the matter, learned counsel who represents the appellant contends that the appellant as an -3- NC: 2025:KHC-D:13842 MFA No. 103580 of 2018 HC-KAR agriculturist was earning Rs.4,00,000/- per annum. But the Tribunal erroneously took the notional income as Rs.7,000/- per month. Learned counsel states that the accident occurred in the year 2015 and for the relevant period the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.8,000/- per month for settlement of claims and at least said figure should have been considered by the Tribunal. Learned counsel further submits that the Tribunal failed to award any sum as compensation towards loss of amenities in life. Learned counsel also states that the Tribunal awarded a sum of Rs.10,000/- only towards future medical expenses and the same requires enhancement.
4. Learned counsel for respondent No.2 on the other hand states that the compensation that is granted by the Tribunal is justifiable.
5. Having considered the submission that is made by the learned counsel for the appellant regarding the notional income to be taken, this Court is of the view that -4- NC: 2025:KHC-D:13842 MFA No. 103580 of 2018 HC-KAR the notional income of the appellant is required to be taken as Rs.8,000/- per month. On taking the notional income as Rs.8,000/- per month and without disturbing the other parameters that is application of appropriate multiplier '9' and the disability in respect of whole body as 15%, the compensation which the appellant is entitled to receive under the head 'loss of future earnings' is Rs.1,29,600/- (Rs.8,000 x 12 x 9 x 15%). The tribunal awarded a sum of Rs.1,13,400/- only towards loss of future earnings. Thus the enhancement under the said head will be Rs.16,200/- (1,29,600 - 1,13,400).
6. In the same manner, loss of earnings during laid up period comes to Rs.24,000/- (Rs.8,000 X 3). The Tribunal granted a sum of Rs.21,000/- only under the said head. Thus the enhancement will be Rs.3,000/- (24,000 - 21,000).
7. Also this Court is of the view that the appellant is entitled to a sum of Rs.10,000/- towards loss of amenities in life. Therefore the total enhancement will be Rs.29,200/- -5-
NC: 2025:KHC-D:13842 MFA No. 103580 of 2018 HC-KAR (16,200 + 3,000 + 10,000). Thus 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, Belagavi through orders in M.V.C. No.1032/2016 dated 21.01.2017 is enhanced by Rs.29,200/-.
(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 532 days as per the order on I.A. No.1/2019.
(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.-6-
NC: 2025:KHC-D:13842 MFA No. 103580 of 2018 HC-KAR
(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.: 53