Karnataka High Court
Smt.Rekha Bai W/O Kumara Naik vs Sri.Umesh Mahadevappa Bijjannanavar on 26 November, 2025
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NC: 2025:KHC-D:16410
MFA No. 104582 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 26TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.104582 OF 2018 (MV-I)
BETWEEN:
SMT. REKHA BAI W/O. KUMARA NAIK,
AGED ABOUT 28 YEARS,
R/O. POOJARAHALLI THANDA VILLAGE,
KUDLIGI TALUK, BALLARI DISTRICT,
NOW R/O. P.D. HALLI VILLAGE,
BALLARI TALUK & DISTRICT-583101.
...APPELLANT
(BY SRI. AKASH, ADVOCATE FOR
SRI. Y. LAKSHMIKANT REDDY, ADVOCATE)
AND:
GIRIJA A.
BYAHATTI 1. SRI. UMESH MAHADEVAPPA BIJJANNANAVAR,
Digitally signed by
GIRIJA A. BYAHATTI
S/O. MAHADEVAPPA BIJJANNANAVAR,
Location: HIGH
COURT OF
KARNATAKA AGED ABOUT 34 YEARS,
DHARWAD BENCH
DHARWAD
DRIVER OF LORRY BEARING
REG NO.KA-16/A-5417,
R/O. HIRENNIHATTI VILLAGE,
BYLAHONGALA TALUK,
BELAGAVI DISTRICT.
V/O. DATED 10.10.2025
R1 IS DECEASED
APPEAL AGAINST R1 HAS ABATED
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MFA No. 104582 of 2018
HC-KAR
2. RIYAJUDDIN S/O. SIRAJUDDIN,
AGED ABOUT 48 YEARS,
OWNER OF LORRY BEARING
REG.NO.KA-16/A-5417,
R/O. BADAMAKAN, HORAPET,
CHITRADURGA TOWN,
CHITRADURGA TALUK & DISTRICT.
3. THE MANAGER,
M/S. RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
MAGANURU COMMERCIAL COMPLEX,
NEAR BY KSRTC BUS STAND,
B.D. ROAD, CHITRADURGA.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R3;
APPEAL AGAISNT R1 DISMISSED AS ABATED;
NOTICE TO R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY MODIFYING
THE JUDGMENT AND AWARD DATED 16.01.2016 PASSED BY III
MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI IN MVC
NO.497/2015 BY ENHANCING THE COMPENSATION OF
RS.2,62,000/- TO RS. 10,00,000/- TO THE APPELLANT AND
PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST
OF JUSTICE AND EQUTIY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2025:KHC-D:16410
MFA No. 104582 of 2018
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri Akash who appears before this Court
physically and represents Sri Y. Lakshmikant Reddy, learned
counsel on record for the appellant. Also heard Sri
G.N.Raichur, who appears through Video Conference and
represents respondent No.3.
2. Challenging the award that is passed by the
Motor Accident Claims Tribunal-III, Ballari in MVC 497 of
2015 dated 16.01.2016, the claimant therein presented this
appeal seeking enhancement in compensation.
3. Arguing the matter, learned counsel for the
appellant submits that the appellant as a tailor by
profession was earning Rs.8,000/- per month as on the date
of accident. However without any justification the tribunal
took the notional income as Rs.5,000/- per month and
thereby awarded very meager sum as compensation both
under the heads 'loss of future earnings' and 'loss of
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HC-KAR
earnings during laid up period'. Learned counsel thereby
seeks for enhancement in compensation.
4. Learned counsel for respondent No.3 states that
the accident occurred in the year 2015 and considering the
income that is taken by the High Court Legal Services
Committee, Dharwad for settlement of claims for the said
period, the appeal may be disposed of.
5. As per the version of the appellant, she was
earning Rs.8,000/- per month as on the date of accident as
a tailor. The accident occurred in the year 2015. For the
relevant period, even the High Court Legal Services
Committee, Dharwad is taking the notional income as
Rs.8,000/- per month. Therefore this Court considers
desirable to take the notional income of the appellant as
Rs.8,000/- per month as on the date of accident. Thus on
taking the notional income as Rs.8,000/- per month and
without disturbing other parameters i.e., application of
appropriate multiplier '18' and the disability in respect of
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HC-KAR
whole body as 15%, the compensation which the appellant
is entitled to receive towards 'loss of future earnings' is
Rs.2,59,200/- (8,000x12x18x15%).
6. The tribunal granted a sum of Rs.1,62,000/- only
towards 'loss of future earnings'. Thus the enhancement will
be Rs.97,200/-(Rs.2,59,200/- minus Rs.1,62,000/-).
7. The appellant succeeded in establishing that she
sustained two grievous injuries due to the accident and she
took treatment as inpatient for 14 days. Having considered
these aspects this Court is of the view that the appellant
might not have attended her normal pursuits at least for a
period of 4 months. Thus 'loss of income during laid up
period' comes to Rs.32,000/-(8,000x4). However the
tribunal granted a sum of Rs.10,000/- only towards 'loss of
earnings during treatment period'. Thus the enhancement
will be Rs.22,000/-(Rs.32,000/- minus Rs.10,000/-).
8. Therefore, it is clear that the appellant is entitled
to an additional sum of Rs.1,19,200/- (Rs.97,200/- plus
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HC-KAR
Rs.22,000/-) 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-III, Ballari through
orders in MVC No.497 of 2015 dated
16.01.2016 is enhanced by Rs.1,19,200/-.
(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 979 days as per orders in IA No.1 of
2019.
(iv) Respondent No.3 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, appellant is permitted to
withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
CT: MCK
