Karnataka High Court
Smt. Savitha Bai vs Anandanaik on 11 July, 2025
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MFA No. 3152 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.3152 OF 2021(MV-I)
BETWEEN:
SMT. SAVITHA BAI,
W/O. LATE KUMARANAIK,
AGED ABOUT 30 YEARS,
AGRICULTURIST/COOLIE,
R/O TANGALI THANDYA,
KADUR TALUK,
CHIKKAMAGALURU DISTRICT.
...APPELLANT
(BY SRI. MOHAN K. N., ADVOCATE)
AND:
1. ANANDANAIK,
S/O. MALYANAIK,
AGED ABOUT 39 YEARS,
Digitally signed DRIVER OF TRACTOR BEARING
by AASEEFA REG.NO.KA-66/T-1585,
PARVEEN R/O. MUSLAPURA VILLAGE,
Location: HIGH KADUR TALUK,
COURT OF CHIKKAMAGALURU DISTRICT.
KARNATAKA
2. KRISHNAMURTHY G.P.,
S/O. PUPPARI GOWDA,
AGED ABOUT 40 YEARS,
R/O. GANGABASAVANAHALLI,
KADUR TALUK,
CHIKKAMAGALUR DISTRICT,
OWNER OF TRACTOR BEARING
REG.NO.KA-66/T-1585.
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3. THE BRANCH MANAGER,
IFFCO TOKIO INSURANCE CO. LTD.,
SHASHIKIRAN BUILDING,
1ST FLOOR, SHANKARAMUTT ROAD,
SHIVAMOGGA-5.
4. CHANDRANAIK,
S/O. SOMYA NAIK
AGED ABOUT 48 YEARS,
BOLANAHALLI VILLAGE,
DEVANUR POST, KADUR TALUK
CHIKKAMAGALURU DISTRICT,
RIDER AND OWNER OF
TVS VICTOR MOTOR CYCLE BEARING
REG.NO.KA-18/R-3959.
5. THE BRANCH MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
NAGNIRMALA COMPLEX,
BAAVANAHALLI MAIN ROAD,
CHIKKAMAGALURU-577 101.
...RESPONDENTS
(BY SRI. E.I. SANMATHI, ADVOCATE FOR R3 (VC);
SRI. R. GUNASHEKAR, ADVOCATE FOR R5;
R1 AND R2 ARE SERVED;
V/O. DATED 25.07.2023, NOTICE TO R4 IS DISPENSED WITH)
THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.11.2019 PASSED IN
MVC NO.352/2018 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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MFA No. 3152 of 2021
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ORAL JUDGMENT
Heard Sri.Mohan.K.N, learned counsel for the
appellant who appears physically before this Court. Also
heard Sri.E.I.Sanmathi, learned counsel for respondent
No.3 who appears through video conference. Sri.
R.Gunashekar, learned counsel for respondent No.5 made
his appearance while the order is being dictated and his
representation is noted.
2. Challenge in this appeal is the order that is
rendered by the Motor Accident Claims Tribunal,
Chikkamagaluru in MVC No.352/2018 dated 28.11.2019.
This is a claimant's appeal.
3. Making his submission on the merits of the
matter, learned counsel for the appellant submits that the
appellant by doing coolie work was earning more than
Rs.15,000/- p.m. by the date of accident. However, the
Tribunal took the notional income as Rs.9,000/- p.m. only
and awarded meager sum as compensation under the
head loss of future earnings. Learned counsel states that
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the accident occurred in the year 2018 and from the
relevant period even the Karnataka State Legal Services
Authority is taking the notional income as Rs.12,500/-
p.m. and atleast the said figure should have been
considered by the Tribunal. Learned counsel also submits
that the compensation that is granted by the Tribunal
under all heads is also on lower side and therefore, the
appeal is filed. Learned counsel ultimately seeks to grant
the sum claimed as compensation by the appellant.
4. Vehemently opposing the submission thus made
by learned counsel for the appellant, learned counsel for
respondent No.3 contends that the Tribunal awarded
exorbitant sum as compensation under each head.
Learned counsel however, did not raise any objection for
taking the notional income as Rs,12,500/- p.m. as pleaded
by learned counsel for the appellant.
5. The Tribunal discussing about the nature of
injuries sustained and the aspect of disability and also
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considering the evidence of Cw.1, took the disability in
respect of whole body as 10% and awarded sum of
Rs.1,84,000/- under the head loss of future earnings.
However, having considered the submission that is made
by the learned counsel for the appellant, this Court is of
the view that the notional income is required to be taken
as Rs.12,500/- p.m. On taking the notional income as
Rs.12,500/- p.m. and without disturbing other
parameters, the compensation which the appellant is
entitled to receive under the head loss of future earnings
is Rs.2,55,000/- (Rs.12,500X12X17X10%). The Tribunal
awarded a sum of Rs.1,84,000/- only under the said head.
Thus the compensation which the appellant is entitled to
receive in addition to the sum that is awarded by the
Tribunal under the head loss of future earnings is
Rs.71,000/- (Rs.2,55,000-Rs.1,84,000).
6. The Tribunal awarded a sum of Rs.1,00,000/-
under the head pain and suffering, Rs.20,000/- towards
medical expenses, Rs.54,000/- towards loss of earnings
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during laid up period, Rs.20,000/- towards food and
nourishment, Rs.10,000/- towards conveyance charges,
Rs.12,000/- towards attendant charges, Rs.30,000/-
towards future medical expenses and thus the Tribunal
granted a sum of Rs.4,30,000/- as compensation in total.
7. Thus as rightly contended by the learned
counsel for respondent No.3, the sum that is awarded by
the Tribunal under all those heads is highly justifiable.
Therefore, this Court is of the view that the appellant is
entitled to a sum of Rs.71,000/- only in addition to the
sum that is awarded by the Tribunal as compensation
under all heads.
8. 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
Motor Accident Claims Tribunal,
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Chikkamagaluru through orders in MVC
No.352/2018 dated 28.11.2019 is
enhanced by Rs.71,000/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% p.a. from the date of
petition till the date of deposit.
(iv) Respondent No.3 is directed to deposit the
enhanced sum within a period of 8(eight)
weeks from the date of receipt of certified
copy of this order.
(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
