Karnataka High Court
Chandrappa S/O Sali Irappa vs The Depot Manager on 30 October, 2025
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NC: 2025:KHC-D:14715
MFA No. 102770 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 30TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102770 OF 2016 (MV-I)
BETWEEN:
CHANDRAPPA S/O. SALI IRAPPA,
AGE: 44 YEARS, OCC: NOW NIL,
R/O. KONANATALE, TQ: HONNALLI,
DIST: DAVANGERE, NOW AT TUMMINKATTI,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. G.S. HULMANI, ADVOCATE)
AND:
THE DEPOT MANAGER,
NWKSRTC, RANEBENNUR DEPOT,
GIRIJA A. MAGOD ROAD, RANEBENNUR,
BYAHATTI
TQ: RANEBENNUR, DIST: HAVERI.
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
...RESPONDENT
DHARWAD
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO CALL RECORDS FROM
THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, RANEBENNUR; MODIFY THE JUDGMENT AND AWARD
PASSED BY THE TRIBUNAL IN M.V.C. NO.1377/2014 DATED 28
JUNE 2016 AND ENHANCE THE COMPENSATION AS PRAYED
FOR; COST OF THE APPEAL AND ETC.
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NC: 2025:KHC-D:14715
MFA No. 102770 of 2016
HC-KAR
THIS APPEAL COMING ON FOR FINAL HEARING 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 Girish S. Hulmani, learned counsel for the appellant who appears through Video Conference. Also heard Sri S.C.Bhuti, learned counsel for the respondent who appears before this Court physically.
2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur, in MVC 1377 of 2014 dated 28.06.2016. This is a claimant's appeal.
3. As against the claim for Rs.10,00,000/- in total, the tribunal through the impugned order awarded a sum of Rs.1,15,100/- as compensation and aggrieved by the same the present appeal is filed.
4. Arguing the matter, learned counsel for the appellant contends that the tribunal committed grave error -3- NC: 2025:KHC-D:14715 MFA No. 102770 of 2016 HC-KAR while rejecting to grant any amount as compensation towards 'loss of future earnings'. Learned counsel submits that by all the evidence produced, the appellant succeeded in establishing that he sustained multiple grievous injuries in a road traffic accident and that those injuries resulted in disability of 35%. Learned counsel submits that the appellant as a mason was earning Rs.15,000/- per month by the date of accident. But due to the injuries sustained, he became permanently disabled. Learned counsel thereby seeks for enhancement in compensation under all heads.
5. The submission that is made by learned counsel for the respondent on the other hand is that the tribunal making an observation that there is no direct nexus between the injuries sustained, the avocation and the disability, failed to award any sum as compensation towards 'loss of future earnings' and the observation of the tribunal is valid.
6. Ex.P.4-Wound Certificate discloses that the appellant sustained head injury with acute extra dural hemorrage along left temporo occipital region with fracture of -4- NC: 2025:KHC-D:14715 MFA No. 102770 of 2016 HC-KAR temporal bone. As per Ex.P.11-Disability Certificate, the C.T.Scan of the skull which were taken on 25.12.2013 and 26.12.2013 disclosed fracture of temporal bone, fracture of bilateral sphenoid sinus, fracture of the greater wing of right splenoid bone, fracture of medial wall of right orbit, fracture of both zygomatic bones, fracture of right orbital apex and fracture of the postero lateral wall of the right maxillary sinus. By all the evidence produced, the appellant succeeded in establishing that he suffers with 35% of permanent structural disability in respect of skull region. Thus considering the evidence produced to that effect, this Court is of the view that the disability in respect of whole body can be taken as 10%.
7. The appellant failed to produce any substantive proof with regard to his occupation and earnings as on the date of accident. Therefore as rightly sought for by learned counsel of the appellant, this Court intends to take the notional income of the appellant as Rs.7,000/- per month, which figure is considered for the relevant period by the High Court Legal Services Committee, Dharwad Bench for -5- NC: 2025:KHC-D:14715 MFA No. 102770 of 2016 HC-KAR settlement of claims before Lok-Adalat. The age of the appellant as on the date of accident as per the evidence produced is 47 years. Therefore the appropriate multiplier to be applied as per the decision of the Hon'ble Apex Court in the case of Sarla Verma and others vs. Delhi Transport Corporation and another1 is '13'. Hence the amount which the appellant is entitled to receive towards loss of future earnings comes to Rs.1,09,200/- (Rs.7,000x12x13x10%).
8. Having considered the nature of injuries sustained this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 6 months. Therefore 'loss of earnings during laid up period' comes to Rs.42,000/- (Rs.7,000x6).
9. On going through the entire evidence that is brought on record, and in the light of the discussion that went on supra, this Court considers that the appellant is entitled to compensation under following heads.
1 (2009) 6 SCC 121 -6- NC: 2025:KHC-D:14715 MFA No. 102770 of 2016 HC-KAR Heads Amount in Rs. Pain and suffering 50,000.00 Medical expenses 37,016.00 Food, extra-nourishment, attendant 20,000.00 and conveyance charges Loss of future earnings 1,09,200.00 Loss of earning during laid up period 42,000.00 Loss of amenities in life 25,000.00 Towards damage to the vehicle 5,000.00 Total 2,88,216.00
10. Thus, it is clear that the appellant is entitled to a sum of Rs.2,88,216/- 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, Ranebennur through orders in MVC 1377 of 2014 dated 28.06.2016 is enhanced from Rs.1,15,100/- to Rs.2,88,216/-.
(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 is directed to deposit the enhanced sum within a period of 8 weeks from -7- NC: 2025:KHC-D:14715 MFA No. 102770 of 2016 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.: 78