Karnataka High Court
Kiran vs Rama Bhairu Sulebhavikar on 10 October, 2025
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NC: 2025:KHC-D:13712
MFA No. 102767 of 2014
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. 102767 OF 2014 (MV-)
BETWEEN:
SHRI KIRAN S/O. RAMA PAWAR,
AGE: 41 YEARS, OCC: CENTERING WORK (NOW NIL)
R/O: H.NO.917, MARUTI GALLI,
NEAR GANDHI HIGH SCHOOL,
GOUNDAWAD, TAL & DIST: BELGAUM.
...APPELLANT
(BY SRI. YASH FOR SRI. VITTHAL S. TELI, ADVOCATES)
AND:
1. SHRI RAMA BHAIRU SULEBHAVIKAR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: H.NO.242, SHIVAJI GALLI,
GOUNDAWAD, TAL & DIST: BELGAUM.
2. THE MANAGER,
GIRIJA A.
BYAHATTI RELIANCE GENERAL INSURANCE COMPANY LTD.,
HAVING ITS OFFICE AT NEHRU NAGAR,
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
NEAR KOLHAPUR CIRCLE, BELGAUM.
COURT OF
KARNATAKA
DHARWAD BENCH
...RESPONDENTS
DHARWAD
(NOTICE TO R1 & R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(3) OF MOTOR
VEHICLES ACT PRAYED THAT THE JUDGMENT AND AWARD
DATED 08.09.2014 IN MVC NO.2777/2013 BY THE I
ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIM
TRIBUNAL-II BELGAUM, IN AWARDING THE COMPENSATION OF
RS.95,000 AND INTEREST AT RATE OF 9% FROM THE DATE OF
PETITION AND MAY BE KINDLY MODIFIED BY ENHANCING AS
PRAYED FOR WITH 18% INTEREST, IN THE INTEREST OF
JUSTICE AND EQUITY.
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NC: 2025:KHC-D:13712
MFA No. 102767 of 2014
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.Yash who represents Sri.Vitthal S.Teli
learned counsel on record for the appellant. Though notice
was served upon respondents No.1 and 2, they did not
choose to contest the matter.
2. Challenge in this appeal is the award that is
passed by the Motor Accident Claims Tribunal-II, Belgaum
(hereinafter referred to as 'the tribunal' for brevity) in MVC
No.2777/2013 dated 08.09.2015. This is a claimant's
appeal.
3. The only ground projected by the learned counsel
for the appellant during the course of hearing is in respect
of failure on part of the tribunal to award compensation
towards loss of future earnings. Learned counsel submits
that the appellant sustained grievous injury in a road traffic
NC: 2025:KHC-D:13712
HC-KAR
accident and took treatment. During the course of
treatment he underwent a surgery also. PW-2 who
examined the appellant clinically and radiologically,
assessed the disability as 30% in respect of left lower limb.
The tribunal without considering the said assessment, failed
to award any sum as compensation towards loss of future
earnings. Learned counsel submits that the appellant by
attending Centring work, was earning Rs.12,000/- per
month by the date of accident. At least taking into
consideration the notional income as Rs.7,000/- which is
considered by the High Court Legal Services Committee,
Dharwad Bench for the relevant period the Tribunal might
have awarded compensation towards loss of future
earnings.
4. Exhibiting its opinion that the appellant failed to
examine the Doctor who treated him, the tribunal failed to
appreciate the evidence of PW-2. However the evidence of
PW-2 is that the X-Ray revealed malunited fracture with
implants in situ and mild osteoarthritis changes in the left
NC: 2025:KHC-D:13712
HC-KAR
knee joint. He assessed disability as 30% in respect of left
lower limb. However considering the totality of evidence
produced, this Court considers to take disability in respect
of whole body as 8%. The appellant by all the evidence
produced established that he was aged about 40 years by
the date of accident. Therefore the appropriate multiplier to
be applied as per the decision of the Hon'ble Apex Court in
Sarala Verma and others vs. Delhi Transport Corporation
and another1 is '15'. Further as pleaded by learned counsel
for the appellant this Court considers desirable to take the
nominal income of the appellant as Rs.7,000/- per month.
Therefore the compensation which the appellant is entitled
to receive towards loss of future earnings is Rs.1,00,800/-
(7,000 X 12 X 15 X 8%). Therefore the appeal is to be
disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(2009) 6 SCC 121
NC: 2025:KHC-D:13712
HC-KAR
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal-II,
Belgaum through orders in MVC
No.2777/2013 dated 08.09.2014 is
enhanced by Rs.1,00,800/-.
(iii) The enhanced sum shall carry interest at
the rate of 6% per annum from the date of
petition till the date of deposit.
(iv) Respondent No. 2 is 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, the appellant is permitted
to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH
CT-MCK
