Karnataka High Court
Ravasaheb @ Ravaso Shankar Sankpari vs The Divisional Controller on 9 October, 2025
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NC: 2025:KHC-D:13657
MFA No. 101723 of 2018
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. 101723/2018 (MV-
I)
BETWEEN:
RAVASAHEB @ RAVASO SHANKAR SANKPARI,
AGE: 53 YEARS, OCC: AGRICULTURE &
PRIVATE SERVICE, NOW NIL,
R/O: MALIKWADI,
TQ: CHIKODI, DIST: BELAGAVI-590001.
...APPELLANT
(BY SRI. AKSHAY MENASINAKAI FOR
SRI. SHIVARAJ S. BALLOLI, ADVOCATES)
AND:
GIRIJA A. THE DIVISIONAL CONTROLLER,
BYAHATTI N.W.K.R.T.C., CHIKODI,
Digitally signed by
GIRIJA A. BYAHATTI
(OWNER OF BUS BEARING NO.KA-23/F-571).
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
DHARWAD BENCH
DHARWAD (BY SRI. I.C. PATIL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE CLAIMS ACT PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 29/07/2016 PASSED IN MVC 1809/2014
ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND
ADDITIONAL MACT CHIKODI AND ENHANCE THE
COMPENSATION BY ALLOWING THE APPEAL TO MEET THE
JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13657
MFA No. 101723 of 2018
HC-KAR
THIS APPEAL COMING ON FOR FURTHER ORDERS 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)
1. Heard Sri.Akshay Menasinakai, who represents
Sri.Shivaraj S. Ballolli, learned counsel on record for
the appellant, as well as the Sri. I. C. Patil, learned
counsel for the respondent. At request of both the
learned counsel, the matter is taken up for final
hearing and disposal.
2. The appellant, who filed a petition claiming
compensation of Rs.10,00,000/- and was awarded
compensation of Rs.91,200/-, is before this Court
seeking enhancement. He challenges the order that
is rendered by the Additional Motor Accident Claims
Tribunal, Chikkodi (hereinafter referred to as 'the
Tribunal', for brevity) in MVC No.1809/2014 dated
29.07.2016.
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HC-KAR
3. Learned counsel for the appellant submits that the
appellant sustained multiple grievous injuries in a
road traffic accident and became disabled. Without
considering the evidence that is brought on record,
the Tribunal awarded very meagre sum as
compensation and, aggrieved by the same, the
present appeal is filed. The appellant's counsel
thereby seeks for enhancement of compensation.
4. On the other hand, the submission that is made by
learned counsel for the respondent is that the
appellant failed to establish in clear terms the
aspect of disability and therefore, the compensation
granted is justifiable.
5. The Tribunal, by appreciating the evidence of PWs 1
and 2, the evidence of RW1 and Exhibits P1 to P19,
came to a conclusion that the appellant is entitled
to a sum of Rs.91,200/- as compensation, and the
same is payable by the respondent. The Tribunal
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HC-KAR
opined that the appellant is entitled to a sum of
Rs.46,200/- towards loss of future earnings,
Rs.35,000/- towards medical expenses, Rs.5,000/-
for pain and suffering, Rs.5,000/- for loss of
amenities, special diet, conveyance charges, etc.,
and ultimately awarded a sum of Rs.91,200/- in
toto.
6. By all the evidence produced, the appellant
succeeded in establishing that he sustained fracture
of the left clavicle, fractures of the 3rd to 5th
metacarpal bones right, and a fracture of upper 3rd
of right fibula. The Tribunal rightly assessed the
disability in respect of the whole body as 7%, and
therefore the same needs no interference.
7. Insofar as the earnings of the appellant as on the
date of accident is concerned, as per his version, he
was working as a watchman at Sri.Gurudatta Sugar
Factory and was also doing agriculture, thereby
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HC-KAR
earning Rs.25,000/- per month. He produced
Exhibits P14 and P15 - salary certificates. He
further produced Exhibits P16 and P17 - RTC
extracts. However, the Tribunal took the notional
income of the appellant as Rs.5,000/- per month.
In light of the fact that the appellant failed to
establish the genuineness of the documents
produced, i.e., Exhibits P14 to P17, but taking into
consideration the fact that the Karnataka State
Legal Services Authority is taking the notional
income for the relevant period as Rs.7,500/- per
month for settlement of claims, this Court considers
it desirable to take the notional income of the
appellant as Rs.7,500/- per month as on the date of
the accident.
8. Without disturbing other parameters, i.e.,
application of multiplier 11 and disability in respect
of the whole body as 7%, the compensation which
the appellant is entitled to receive under the head
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HC-KAR
'Loss of future earnings' will be Rs.69,300/-
(Rs.7,500 × 12 × 11 × 7%).
9. Having considered the nature of injuries sustained
and the treatment taken, this Court is of the view
that the appellant is entitled to a sum of
Rs.25,000/- towards pain and suffering,
Rs.10,000/- towards food, extra nourishment,
conveyance and attendant charges.
10. In light of the fact that the appellant sustained
three fractures, 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.22,500/- (Rs.7,500 × 3).
11. Therefore, the compensation which the appellant is
entitled to receive under each head is as under:
Pain and suffering Rs.25,000.00
Towards food, extra Rs.10,000.00
nourishment, conveyance
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HC-KAR
and attendant charges
Medical expenses Rs.35,000.00
Loss of future earnings Rs.69,300.00
Loss of income during laid up Rs.22,500.00
period
Total Rs.1,61,800.00
12. Thus, by all the above discussion, it is clear that the
compensation which the appellant is entitled to
receive is Rs.1,61,800/-. Therefore, 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,
Chikkodi, through orders in MVC
No.1809/2014 dated 29.07.2016, is enhanced
from Rs.91,200/- to Rs.1,61,800/-.
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
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HC-KAR
period of delay of 546 days as per orders in
I.A.No.1/2018.
iv. The respondent is directed to deposit the
entire amount within a period of eight 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
gab
CT-MCK
