Karnataka High Court
Mahesh S/O Adiveppa Adina vs Shekarappa S/O Shankrappa Horapeti on 9 October, 2025
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NC: 2025:KHC-D:13690
MFA No. 101701 of 2022
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. 101701/2022 (MV)
BETWEEN:
MAHESH
S/O. ADIVEPPA ADINA,
AGE: 34 YEARS,
OCC: AGRICULTURE,
R/O. BEVINAKATTI, TQ: RON,
DIST: GADAG-582101.
...APPELLANT
(BY SRI. P.G. MOGALI, ADVOCATE)
AND:
GIRIJA A.
BYAHATTI
1. SHEKARAPPA
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH COURT
S/O. SHANKRAPPA HORAPETI,
OF KARNATAKA
DHARWAD BENCH
DHARWAD
AGE: 44 YEARS,
OCC: OWNER CUM DRIVER OF
VEHICLE NO.KA-37/M-6806,
R/O. HULAGERI,
TQ: KUSHTAGI,
DIST: KOPPAL-583277.
2. THE DIVISIONAL MANAGER,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED,
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NC: 2025:KHC-D:13690
MFA No. 101701 of 2022
HC-KAR
R/O. CTS NO.472-474 VA,
KALBURGI SQUARE,
DESAI CROSS,
DESHPANDE NAGAR,
HUBBALLI,
TQ: HUBBALLI,
DIST: DHARWAD-580029.
...RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT 1988 PRAYING TO MODIFY THE JUDGMENT AND
AWARD PASSED IN M.V.C. NO.420/2018 DATED 04.10.2019 BY
THE SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS
TRIBUNAL AT KUSHTAGI, BY ENHANCING THE COMPENSATION
TO RS.15,00,000/- ALONG WITH COST AND ENHANCED
INTEREST 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:13690
MFA No. 101701 of 2022
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.P.G.Mogali learned counsel for the appellant
as well as Sri.Suresh S.Gundi learned counsel for
respondent No.2. At request of both the counsel, the matter
is taken up for final hearing and disposal.
2. Challenge in this appeal is the award that is
passed by the Motor Accident Claims Tribunal, Kushtagi
(hereinafter referred to as 'the Tribunal' for brevity) in MVC
No.420/2018 dated 04.10.2019. This is the claimant's
appeal. As against the claim for Rs.25,00,000/- in total, the
Tribunal through the impugned award granted a sum of
Rs.3,14,564/- as compensation and aggrieved by the same
the present appeal is filed.
3. Learned counsel for the appellant, arguing the
matter, contends that the appellant sustained grievous
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HC-KAR
injuries to his left leg and right shoulder, and the injuries
resulted in permanent physical disability. Learned counsel
submits that, without taking into consideration the nature of
the injuries sustained, the Tribunal awarded a meagre sum
as compensation under the head 'Loss of future earnings'.
Learned counsel also states that the Tribunal failed to award
any amount as compensation towards loss of income during
laid up period. Learned counsel also states that the
compensation granted under all other heads is also on the
lower side. Learned counsel further submits that the
appellant, as an agriculturalist and coolie, was earning
Rs.500/- per day, but the Tribunal took the notional income
as Rs.9,000/- per month. Learned counsel states that the
accident occurred in the year 2017, and for the relevant
period, the Karnataka State Legal Services Authority is
taking the notional income as Rs.10,250/- per month, and
at least said figure should have been considered by the
Tribunal. Learned counsel thereby seeks for enhancement in
compensation.
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HC-KAR
4. The submission that is made by learned counsel
for respondent No.2, on the other hand, is that the
compensation granted by the Tribunal under each head is
justifiable and therefore the award of the Tribunal needs no
interference.
5. Having considered the totality of evidence
produced, the Tribunal took the disability in respect of the
whole body as 10%, which needs no interference. However,
considering the submission that is made by learned counsel
for the appellant, this Court considers desirable to take the
notional income as Rs.10,250/- per month.
6. Having taken the notional income as Rs.10,250/
per month and without disturbing other parameters, that is,
application of appropriate multiplier 16 and 10% as
disability in respect of the whole body, the compensation
which the appellant is entitled to receive under the head
'Loss of future earnings' is Rs.1,96,800/- (Rs.10,250 x 12 x
16 x 10%).
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HC-KAR
7. Having considered the nature of injuries
sustained, this Court is of the view that the appellant would
not have attended his normal pursuits at least for a period
of three months. Therefore, loss of earnings during laid up
period comes to Rs.30,750/- (Rs.10,250 × 3).
8. Taking into consideration the totality of evidence
produced and the submissions made by both the learned
counsel, this Court is of the view that the appellant is
entitled to compensation under the following heads:
Compensation for pain and Rs.30,000.00
suffering
Towards food, extra Rs.15,000.00
nourishment, attendant
and conveyance charges
Loss of future earnings Rs.1,96,800.00
Medical expenses Rs.1,06,764.00
Loss of income during laid Rs.30,750.00
up period
Loss of amenities in life Rs.10,000.00
Total Rs.3,89,314.00
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HC-KAR
9. Therefore, this Court is of the view that the
appellant is entitled to a sum of Rs.3,89,314/- as
compensation. Accordingly, the appeal is disposed of with
the following order:
ORDER
i. The appeal is allowed in part.
ii. The compensation that is granted by the
Additional Motor Accident Claims Tribunal,
Kushtagi, through orders in MVC No.420/2018
dated 04.10.2019, is enhanced from
Rs.3,14,564/- to Rs.3,89,314/-.
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 eight weeks
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HC-KAR
from the date of receipt of the certified copy of
this judgment.
v. On such deposit, the appellant is permitted to
withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH/gab
CT-MCK
