Karnataka High Court
Mubarak S/O Iqbal Mujawar vs Mr. Balraj Singh Budania on 10 October, 2025
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NC: 2025:KHC-D:13725
MFA No. 102873 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102873 OF 2024 (MV-I)
BETWEEN:
MUBARAK S/O. IQBAL MUJAWAR,
AGED 32 YEARS, OCC: NIL
R/O. VAISHNAVI NAGAR, NANDRA,
SANGLI, STATE: MAHATRASHTRA-416416,
NOW AT JANNAT NAGAR, DHARWAD-580004.
...APPELLANT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. MR. BALRAJ SINGH BUDANIA,
AGE: 48, OCC: BUSINESS,
R/O. GALA NO.18, SHREE MAHAVIR SHOPPING
PLAZA, DAPOODA TALUK, BHIVANDI,
DIST: THANE-421302, STATE: MAHARASHTRA.
2. THE DIVISIONAL MANAGER,
GIRIJA A.
BYAHATTI RELIANCE INSURANCE CO. LTD.,
Digitally signed by
CTS NO. 472-474, V.A.KALBURGI SQUARE,
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
DESAI CROSS, DESHPANDE NAGAR,
KARNATAKA
DHARWAD BENCH
DHARWAD
HUBBALLI-580029.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2;
R1-NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYED TO ENHANCE THE COMPENSATION BY
MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C.
NO.366/2021 ON THE FILE OF THE IV ADDITIONAL SENIOR
CIVIL JUDGE AND ADDITIONAL M.A.C.T. DHARWAD DATED
22.02.2024, BY ALLOWING THE THIS APPEAL WITH COSTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13725
MFA No. 102873 of 2024
HC-KAR
THIS APPEAL COMING ON FOR ADMISSION 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)
Heard Sri Harish S. Maigur, learned counsel for the
appellant as well as Sri Nagaraj C. Kolloori, learned counsel for
respondent No.2. At request of both the learned counsel the
matter is taken up for final hearing and disposal.
2. Challenge in this appeal is the award that is passed
by the Additional Motor Accident Claims Tribunal, Dharwad in
MVC 366 of 2021 dated 22.02.2024. This is a claimant's
appeal. As against the claim for Rs.25,00,000/- in total, the
tribunal through the impugned order awarded a sum of
Rs.3,86,030/- as compensation. The version of the appellant
is that he is entitled to a higher sum.
3. Arguing the matter, learned counsel for the
appellant submits that the appellant as a driver of lorry was
earning Rs.15,000/- per month by the date of accident. The
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HC-KAR
appellant sustained grievous injury to the right lower limb
which resulted in permanent physical disability. PW2 clearly
stated that the disability in respect of right lower limb is 31%.
However the tribunal took the disability in respect of whole
body as 11% which is unjustifiable. Learned counsel submits
that though the appellant projected that he was earning
Rs.15,000/- per month by the date of accident, the tribunal
erroneously took the notional income as Rs.14,000/- per
month. Learned counsel contends that the compensation that
is granted by the tribunal under all other heads is also on
lower side.
4. Per contra, the submission that is made by learned
counsel for respondent No.2 is that the tribunal having taken
into account the totality of facts, considered the disability in
respect of whole body as 11% which is justifiable. Learned
counsel also states that the tribunal granted huge amount as
compensation and directed the second respondent to pay the
same with interest at the rate of 8% per annum which is
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HC-KAR
exorbitant. Learned counsel thereby seeks to dismiss the
appeal.
5. The crux of the case as borne by record is that the
appellant while driving a lorry met with an accident when his
lorry was hit by another lorry. Therefore it is clear that the
appellant is a driver by profession. The accident occurred in
the year 2021. The appellant projected that he was earning
Rs.15,000/- per month as driver by the date of accident. A
lorry driver earning Rs.15,000/- per month in the year 2021
cannot be doubted. Therefore this Court considers desirable to
take the income of the appellant as Rs.15,000/- per month.
6. Coming to the aspect of disability, the evidence of
PW2 is that the disability in respect of right lower limb is 31%.
The tribunal took disability in respect of whole body as 11%.
However, having considered the fact that the appellant is a
driver by profession and use of lower limbs is much required
for the drivers, this Court considers desirably to take the
functional disability in respect of the whole body as 13%. Thus
taking the income as Rs.15,000/- per month, the disability as
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HC-KAR
13%, applying the appropriate multiplier '16', the
compensation which the appellant is entitled to receive under
the head 'loss of future earnings' is Rs.3,74,400/- (15,000 X
12 X 16 X 13%).
7. As rightly contented by learned counsel for the
appellant, the tribunal failed to award justifiable sum as
compensation towards loss of income during laid up period.
Having considered the nature of injury sustained, this Court is
of the view that the appellant would not have attended his
normal pursuits more particularly his duty as driver at least
for a period of 5 months. Thus loss of earnings during laid up
period comes to Rs.75,000/- (15,000 X 5).
8. After giving anxious consideration to the
submission that is made by both the learned counsel and in
the light of the discussion that went on supra, this Court
concludes that the appellant is entitled to compensation under
following heads:
Heads Amount in Rs.
Towards Pain and suffering 30,000.00
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HC-KAR
Towards Medical Expenses 21,350.00
Towards Food, extra
nourishment, attendant and 25,000.00
conveyance charges
Towards loss of future earnings 3,74,400.00
Towards loss of income during
75,000.00
laid up period
Towards loss of amenities in life 25,000.00
Total 5,50,750.00
9. Thus this Court ultimately holds that the appellant
is entitled to receive a sum of Rs.5,50,750/- 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
Additional Motor Accident Claims Tribunal,
Dharwad through orders in MVC 366 of 2021
dated 22.02.2024 is enhanced from
Rs.3,86,030/- to Rs.5,50,750/-.
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 8 weeks from
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HC-KAR
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
EM
CT-MCK
