Karnataka High Court
Shivaputrappa S/O Tirakappa Angadi vs Managing Director on 26 November, 2025
-1-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
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.102155 OF 2022 (MV-I)
BETWEEN:
SHIVAPUTRAPPA
S/O. TIRAKAPPA ANGADI,
AGE: 54 YEARS, OCC: NIL,
R/O. MUTTUR,
TQ: BYADAGI,
DIST: HAVERI-581106.
...APPELLANT
(BY SRI. MAHADEV, ADVOCATE FOR
GIRIJA A. SRI. HAREESH S. NAYAK, ADVOCATE)
BYAHATTI
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
AND:
KARNATAKA
DHARWAD BENCH
DHARWAD
1. MANAGING DIRECTOR,
SELF INSURANCE FUND,
N.W.K.R.T.C. SADAN,
HUBBALLI-580020.
2. DIVISIONAL CONTROLLER (DC),
N.W.K.R.T.C. HAVERI DIVISION,
HAVERI-581110,
-2-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
HC-KAR
(BUS BEARING NO.KA 17/F-859
BYADGI DEPOT).
3. MARUTI
S/O. RAMAKRISHNAPPA KITTUR,
AGE: MAJOR,
OCC: BUS DRIVER,
KSRTC DEPOT, BYADGI,
R/O. HOSASHIDENUR,
TQ: BYADGI,
DIST: HAVERI-581106.
...RESPONDENTS
(BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R1 & R2;
NOTICE TO R3 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL; SET
ASIDE THE IMPUGNED JUDGMENT AND AWARD PASSED IN MVC
NO.129/2014 DATED 01.03.2019 PASSED BY THE ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL, HAVERI AND KINDLY ENHANCE THE COMPENSATION
AMOUNT; CALL FOR THE RECORDS AND ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
-3-
NC: 2025:KHC-D:16411
MFA No. 102155 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri Mahadev, who represents Sri Harish S.
Nayak, learned counsel on record for the appellant as well
as Sri M.K.Soudagar, learned counsel for respondents 1 and
2.
2. Dissatisfied with the sum that is awarded as
compensation by the Motor Accident Claims Tribunal, Haveri
through orders in MVC 129 of 2014 dated 01.03.2019, the
claimant therein presented the present appeal.
3. Arguing the matter, learned counsel who
represents the appellant states that the appellant was an
agriculturist and was also doing business as on the date of
accident. Without considering the occupation of the
appellant, the tribunal took the income of the appellant as
Rs.5,000/- per month notionally. Learned counsel states
that the tribunal thereby awarded very meager sum as
compensation towards 'loss of future earnings' and 'loss of
NC: 2025:KHC-D:16411
HC-KAR
earnings during laid up period'. Learned counsel further
submits that the compensation that is granted by the
tribunal under all other heads is also on lower side.
4. Learned counsel for respondents 1 and 2 states
that the appellant failed to establish his occupation as on
the date of accident. However as the accident occurred in
the year 2013 and for the relevant period the High Court
Legal Services Committee, Dharwad is taking the notional
income as Rs.7,000/- per month, for settlement of claims,
the said figure may be considered.
5. Undisputedly the appellant failed to establish his
occupation as on the date of accident. Equally earnings
were also not established. However considering the
submission that is made by learned counsel for respondents
1 and 2, the notional income of the appellant is taken as
Rs.7,000/- per month. Thus without disturbing other
parameters as adopted by the tribunal i.e., application of
appropriate multiplier '13' and the disability in respect of
NC: 2025:KHC-D:16411
HC-KAR
whole body as 10%, the compensation which the appellant
is entitled to receive towards 'loss of future earnings' comes
to Rs.1,09,200/- (7,000x12x13x10%).
6. The appellant by all the evidence produced
established that he sustained fracture of shaft of middle
1/3rd of right tibia and took treatment as inpatient for a
period of 12 days. He also established that during the
course of treatment he underwent a surgery. Therefore this
Court is of the view that the appellant could not have
attended his normal pursuits at least for a period of 3
months. Therefore 'loss of earnings during laid up period'
comes to Rs.21,000/-(7000x3). Also 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 15,000,/-
Towards medical expenses 46,650/-
Towards food, extra-nourishment, 10,000/-
conveyance and attendant
charges
NC: 2025:KHC-D:16411
HC-KAR
Loss of future earnings 1,09,200/-
Loss of income during laid up 21,000/-
period
Loss of amenities in life. 10,000/-
Total 2,11,850/-
7. The tribunal awarded a sum of Rs.1,59,650/- as
compensation. However the foregoing discussion makes it
clear that the appellant is entitled to a sum of Rs.2,11,850/-
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, Havari through
orders in MVC 129 of 2014 dated 01.03.2019
is enhanced from Rs.1,59,650/- to
Rs.2,11,850/-.
(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 394 days as per orders in IA No. 1 of
2022.
NC: 2025:KHC-D:16411
HC-KAR
(iv) Respondents 1 and 2 are 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
