Karnataka High Court

Hema W/O Maruti Kumbar vs Suresh Vakujar S/O Yaankappa Yane on 9 October, 2025

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                                                               NC: 2025:KHC-D:13682
                                                             MFA No. 101684 of 2020


                            HC-KAR




                       IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                          DATED THIS THE 9TH DAY OF OCTOBER 2025
                                              BEFORE
                       THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                       MISCELLANEOUS FIRST APPEAL NO. 101684 OF 2020
                                               (MV-I)
                           BETWEEN:

                           HEMA W/O. MARUTI KUMBAR,
                           AGED ABOUT 26 YEARS,
                           OCC: TAILORING WORK,
                           RESIDENT OF MUSTAGATTI VILLAGE,
                           KURUGODU HOBLI,
                           BALLARI TALUK AND DISTRICT.
                                                                         ...APPELLANT
                           (BY SRI. AMARE GOUDA, ADVOCATE)


                           AND:

GIRIJA A.                  1.   SURESH VALIKAR
BYAHATTI                        S/O. YANKAPPA YANE NUNKAPPA,
Digitally signed by
GIRIJA A. BYAHATTI
                                AGE: 30 YEARS,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
                                OCC: KSRTC BUS DRIVER BARING
DHARWAD
                                REG. NO.KA-34/F-1268 &
                                R/O: NO.5414,
                                MADAGANUR VILLAGE,
                                GADAG TALUK AND DISTRICT.

                           2.   THE DIVISIONAL CONTROLLER,
                                NEKRTC, BALLARI.

                           3.   RAJKUMAR YADAV
                                S/O. MATAPRASAD YADAV,
                                AGED 38 YEARS,
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                                   NC: 2025:KHC-D:13682
                                MFA No. 101684 of 2020


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     LORRY DRIVER, LORRY BEARING
     REG. NO.KA-34/7765,
     R/O. NO.HARIHARAPURA VILLAGE,
     MAZUA TALUK, MAIRZAPUR DISTRICT,
     U.P. STATE PRESENTLY RESIDING AT
     M/S. GLOBAL FREIGHT CARRIERS,
     TORANAGALLU, SANDUR TALUK,
     BALLARI DISTRICT.

4.   PUNITH BAGARIA,
     S/O. ASHOK KUMAR BAGARIA,
     MAJOR,
     LORRY OWNER BEARING NO.KA-34/7765,
     M/S. GLOBAL FREIGHT CARRIERS,
     N.H.63, HOSAPET-BALLARI ROAD,
     KUDITHINI, BALLARI DISTRICT.

5.  THE MANAGER,
    RELIANCE GENERAL INSURANCE COMPANY LTD.,
    I FLOOR, SLV TOWER, PARVATHI NAGAR,
    MAIN ROAD, BALLARI.
                                        ...RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R2;
    SRI. G.N. RAICHUR, ADVOCATE FOR R5;
    R1, R3 & R4-NOTICE DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 29.02.2020 PASSED BY THE I ADDITIONAL
SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-V, AT BALLARI IN M.V.C. NO.745/2018 AND ENHANCE
THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN
THE INTEREST OF JUSTICE AND EQUITY.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                             NC: 2025:KHC-D:13682
                                      MFA No. 101684 of 2020


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CORAM:      THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                     ORAL JUDGMENT

(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

Heard Sri.Amaregouda learned counsel for the appellant

as well as Sri.S.C.Bhuti learned counsel for respondent No.2

who appear physically before this Court. Also heard

Sri.G.N.Raichur learned counsel for respondent No.5 who

appears through video conference. At request of all the

learned counsel, the matter is taken up for final hearing and

disposal.

2. This appeal is the outcome of the award that is

passed by the Motor Accident Claims Tribunal-V, Ballari

(hereinafter be referred as 'the tribunal' for brevity) in M.V.C.

No.745/2018 dated 29.02.2020. This is a claimant's appeal.

3. The claimant who sustained injuries in a road

traffic accident that occurred in the year 2016 filed a petition

claiming compensation of Rs.11,50,000/- in total. The tribunal

through the impugned award granted a sum of Rs.2,58,816/-

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as compensation. The version of the appellant is that she is

entitled for a higher sum.

4. Arguing the matter learned counsel for the

appellant contends that the appellant as a Tailor was earning

huge sum by the date of accident. The tribunal without

considering the occupation and earnings of the appellant took

the notional income as Rs.7,500/- per month. Learned counsel

states that the accident occurred in the year 2016 and for the

relevant period even the Karnataka State Legal Services

Authority is taking the notional income as Rs.8,750/- per

month for settlement of claims and at least said figure should

have been adopted. Learned counsel further submits that the

appellant produced the evidence of PW-2 to establish the

nature of injuries sustained and the aspect of disability. PW-2

clearly stated that the disability in respect of whole body is

32%. However, the tribunal took the disability in respect of

whole body as 10% and awarded very meager sum as

compensation under the head loss of future earnings. Learned

counsel further states that the compensation granted under all

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other heads is also on lower side. Learned counsel thereby

seeks for enhancement in compensation.

5. Per contra learned counsel who represents

respondent No.2 and learned counsel who represents

respondent No.5 makes a submission that the compensation

that is granted by the tribunal is justifiable and therefore the

award of the tribunal needs no interference.

6. By all the evidence produced the appellant

succeeded in establishing that she sustained communited

fracture of middle 1/3rd of right tibia, fracture of middle 3rd of

right fibula, fracture of 2nd metatarsal bone of left foot and

laceration over liver. She also established that she underwent

two surgeries during the course of treatment. However,

considering the totality of evidence produced, the tribunal

took the disability in respect of whole body as 10% and the

said assessment needs no interference. However, considering

the submission that is made by the learned counsel for the

appellant, the notional income of the appellant is taken as

Rs.8,750/- per month. Without disturbing the other

parameters that is application of appropriate multiplier as '18'

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and disability in respect of whole body as 10%, the

compensation which the appellant is entitled to receive under

the head loss of future earnings is Rs.1,89,000/- (Rs.8,750 X

12 X 18 X 10%). The tribunal did not award any compensation

for loss of earning during laid up period. Having considered

the nature of injuries sustained, the surgery underwent and

the treatment taken, this Court is of the view that the

appellant would not have attended her normal pursuits at

least for a period of 5 months. Therefore, loss of earning

during laid up period comes to Rs.43,750/- (Rs.8,750 X 5).

Also this court is of the view that the appellant is entitled to a

sum of Rs.50,000/- towards pain and suffering, Rs.25,000/-

towards food, extra nourishment, attendant and conveyance

charges and Rs.10,000/- towards loss of amenities. Thus, the

total sum which the appellant is entitled to receive as

compensation is as under:

                        Heads                           Amount in Rs.
Pain and suffering                                          50,000.00
Food, extra nourishment, attendant and                      25,000.00
conveyance charges
Medical expenses                                              46,816.00

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Future medical expenses                                  10,000.00
Loss of future earnings                                1,89,000.00
Loss of income during laid up period                     43,750.00
Loss of amenities                                        10,000.00
                                        TOTAL         3,74,566.00

7. In light of the aforementioned discussion, it is clear

that the appellant is entitled to a sum of Rs.3,74,566/- as

compensation. Therefore, this Court is of the view that the

appeal is required to be allowed in part. Thus, 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-V, Ballari

through orders in M.V.C. No.745/2018 dated

29.02.2020 is enhanced from Rs.2,58,816/-

to Rs.3,74,566/-.

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(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) The liability fixed upon the respondents by

the tribunal applies to the enhanced sum as

well.

(v) Respondents No.2 and 5 are directed to

deposit their respective shares out of the

enhanced sum within a period of 8 weeks