Karnataka High Court
Basavaraj Vandelappa Uppar vs Vithal Krishna Kaloji on 10 November, 2025
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NC: 2025:KHC-D:15306
MFA No. 101135 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 101135 OF 2016 (MV-I)
BETWEEN:
BASAVARAJ DANDELAPPA UPPAR,
AGE: 28 YEARS, OCC: COOLIE NOW NIL,
R/O: PRESENTLY AT ITC COLONY,
MAHANTESH NAGAR, BELAGAVI.
...APPELLANT
(BY SRI. YASH, ADVOCATE FOR
SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. VITHAL KRISHNA KALOJI,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: H.NO.1229, MARUTI NAGAR,
DANDELI, TAL; HALIYAL [UTTAR KANNADA]
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
GIRIJA A.
BYAHATTI I FLOOR, RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
(BY SRI. VISHWANATH V. BADIGER, ADVOCATE FOR R1;
DHARWAD
M/S ANUSHA, ADVOCATE FOR
SRI. S.K. KAYAKMATH, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO THAT THE JUDGMENT AND AWARD
DATED 28.10.2015 AND SAME CAME CORRECTED ON
27/02/2016 IN MVC.NO.2790/2012 PASSED BY I ADDITIONAL
DISTRICT JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL-II, BELAGAVI IN AWARDING THE
COMPENSATION OF RS.4,55,800/- AND INTEREST AT RATE OF
6% FROM THE DATE OF PETITION AND MAY BE KINDLY
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MFA No. 101135 of 2016
HC-KAR
MODIFIED BY ENHANCING AS PRAYED FOR WITH 18%
INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FURTHER 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)
Sri Yash who represented Sri Vitthal S. Teli, learned
counsel on record for the appellant was heard on 06.11.2025.
Heard Ms. Anusha, who appears through Video Conference
and represents Sri S.K.Kayakamath learned counsel for
respondent No.2. No representation for respondent No.1 on
call.
2. Challenge in this appeal is the award that is passed
by the Motor Accident Claims Tribunal-II, Belagavi in MVC
2790 of 2012 dated 28.10.2015. This is a claimant's appeal.
3. The appellant projecting that he sustained grievous
injuries in the road traffic accident that occurred in the year
2012 filed a petition claiming compensation of Rs.15,00,000/-
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in total. The tribunal through the impugned award granted a
sum of Rs.4,55,800/- as compensation. With a version that he
is entitled to a higher sum the present appeal is filed.
4. The submission that was made by the learned
counsel for the appellant is that the tribunal erred in assessing
the income of the appellant as on the date of accident and
thereby awarded meager sum as compensation both under
the heads 'loss of future earnings' and 'loss of income during
laid up period'. Learned counsel further submitted that the
tribunal failed to award any compensation for 'loss of
amenities in life'. Learned counsel also stated that the
compensation granted under all heads is on lower side.
5. The submission that is made by learned counsel for
respondent No.2 is that the tribunal took the notional income
of the appellant as Rs.6,000/- per month, but for the relevant
period the Courts are taking the notional income as Rs.6,500/-
per month and therefore the same may be considered.
Learned counsel also states that there are no other grounds to
interfere with the findings given by the tribunal.
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6. It is not in dispute that the appellant sustained four
grievous injuries due to the road traffic accident which
includes fracture to left femur. The evidence of PW2 is that the
appellant is suffering with permanent disability in relation to
left lower limb to an extent of 60%. The tribunal took the
disability in respect of whole body as 20% which needs no
interference. Also the tribunal has rightly assessed the
multiplier to be applied that is '18'. Thus having taken the
notional income as Rs.6,500/- per month, the multiplier to be
applied as '18' and the disability in respect of whole body as
20%, the compensation which the appellant is entitled to
receive towards 'loss of future earnings' is Rs.2,80,800/-
(Rs.6,500x12x18x20%).
7. Having considered the nature of injuries sustained
that is four grievous injuries, this Court is of the view that the
appellant could have taken bed rest at least for a period of 5
months. Thus 'loss of earnings during laid up period' comes to
Rs.32,500/- (Rs.6,500x5). Also this Court is of the view that
the appellant is entitled to a sum of Rs.15,000/- towards 'loss
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of amenities in life'. Further as rightly pleaded by learned
counsel for the appellant the compensation that is granted by
the tribunal under all other head requires marginal
enhancement. Having considered the totality of evidence
produced, this Court is of the view that the appellant is
entitled to compensation under following heads:
Heads Amount in Rs.
Towards pain and suffering 40,000.00
Towards food, extra-nourishment, 15,000.00
attendant and conveyance charges
Medical expenses 1,33,595.00
Loss of future earnings 2,80,800.00
Loss of income during laid up 32,500.00
period
Loss of amenities in life 15,000.00
Future medical expenses 15,000.00
Total 5,31,895.00
8. Thus the appellant is entitled to a sum of
Rs.5,31,895/- 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 Motor
Accident Claims Tribunal-II, Belagavi through
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orders in MVC 2790 of 2012 dated 28.10.2015
is enhanced from Rs.4,55,800/- to
Rs.5,31,895/-.
(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
EM
CT-MCK
