Karnataka High Court

The Divisional Manager Nwkrtc vs Vittal S/O. Narayanappa Murudeshwar on 13 October, 2025

                                                       -1-
                                                                  NC: 2025:KHC-D:13751
                                                             MFA No. 100033 of 2019
                                                         C/W MFA No. 103436 of 2019

                             HC-KAR




                         IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                            DATED THIS THE 13TH DAY OF OCTOBER 2025
                                               BEFORE
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                      MISCELLANEOUS FIRST APPEAL NO. 100033 OF 2019 (MV-I)
                                                 C/W
                         MISCELLANEOUS FIRST APPEAL NO. 103436 OF 2019


                            IN M.F.A. NO.100033/2019
                            BETWEEN:
                            THE DIVISIONAL MANAGER,
                            NWKRTC, HAVERI,
                            REP: DULY CONSTITUTED AUTHORITY,
                            CHIEF LAW OFFICER, CENTRAL OFFICE,
                            GOKUL ROAD, HUBBALLI.
                                                                           ...APPELLANT
                            (BY SRI. M.K. SOUDAGAR, ADVOCATE)

GIRIJA A.                   AND:
BYAHATTI
Digitally signed by
GIRIJA A. BYAHATTI
                            VITTAL S/O. NARAYANAPPA MURUDESHWAR,
Location: HIGH
COURT OF
KARNATAKA
                            AGE: 40 YEARS, OCC: GOLDSMITH WORK,
DHARWAD BENCH
DHARWAD
                            R/O. HIREKERUR TOWN, TAL: HIREKERUR,
                            DIST: HAVERI-581111.
                                                                         ...RESPONDENT
                            (BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
                                 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
                            VEHICLES ACT PRAYING TO CALL FOR RECORDS IN CASE M.V.C.
                            NO.63/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
                            AMACT, HIREKERUR AND SET ASIDE THE JUDGMENT AND
                            AWARD DATED 09.02.2018 PASSED IN M.V.C. NO.63/2013 BY
                            ALLOWING THIS APPEAL WITH COST AND GRANT SUCH OTHER
                           -2-
                                      NC: 2025:KHC-D:13751
                                MFA No. 100033 of 2019
                            C/W MFA No. 103436 of 2019

HC-KAR




AND/OR FURTHER RELIEF'S, AS THIS HON'BLE COURT DEEMS
FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE
CASE, IN THE INTEREST OF JUSTICE AND EQUITY.


IN M.F.A.NO. NO. 103436/2019
BETWEEN:
SHRI VITTAL
S/O. NARAYANAPPA MURUDESHWAR,
AGE: 39 YEARS,
OCC: GOLDSMITH WORK (NOW NIL),
R/O. VIDYANAGAR, CHIKKERUR ROAD,
HIREKERUR TOWN-581111,
DIST: HAVERI.
                                               ...APPELLANT
(BY SRI. SIDDAPPA SAJJAN, ADVOCATE)
AND:
THE DIVISIONAL MANAGER,
NWKRTC, HAVERI-581115,
DIST: HAVERI.
                                             ...RESPONDENT
(BY SRI. M.K. SOUDAGAR, ADVOCATE)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 09.02.2018 IN M.V.C. NO.63/2013 PASSED BY
THE COURT OF THE SENIOR CIVIL JUDGE AND ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR BY
ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM
PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

    THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -3-
                                           NC: 2025:KHC-D:13751
                                    MFA No. 100033 of 2019
                                C/W MFA No. 103436 of 2019

HC-KAR




CORAM:    THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                     ORAL JUDGMENT

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

Heard Sri.M.K.Soudagar learned counsel for the

appellant in MFA No.100033/2019 who is also representing

the respondent in the connected appeal. Heard Sri.Siddappa

Sajjan learned counsel for the appellant in MFA

No.103436/2019 who is also representing the respondent in

the connected matter.

2. These two appeals are the outcome of the award

that is passed by the Additional Motor Accident Claims

Tribunal, Hirekerur (hereinafter referred to as 'the Tribunal'

for brevity) in MVC No.63/2013 dated 09.02.2018.

3. As against the claim for Rs.27,00,000/- in total,

the Tribunal through the impugned award granted a sum of

Rs.12,02,000/- as compensation. Respondent to the said

claim petition contends that the said amount is exorbitant.

The claimant projects the sum granted is grossly less.

NC: 2025:KHC-D:13751

HC-KAR

4. Arguing the matter, Sri.M.K.Soudagar learned

counsel who represents NWKRTC (hereinafter after referred

to as 'the Corporation' for brevity) submits that the

appellant did not produce any evidence whatsoever to

establish that he is a Goldsmith by profession. The Tribunal

also observed the same in the impugned order. However,

the Tribunal took the notional income as Rs.8,000/- per

month unjustifiably. Learned counsel states that the

accident occurred in the year 2011 and for the relevant

period, the High Court Legal Services Committee, Dharwad

Bench is taking the notional income as Rs.6,000/- per

month and therefore the Tribunal ought to have taken the

notional income as Rs.6,000/- per month. Learned counsel

further submits that the compensation granted by the

Tribunal under all other heads is also on lower side.

5. Vehemently opposing the said submission,

Sri.Siddappa Sajjan learned counsel for the claimant states

that the claimant's right upper limb became totally

dis-functional due to the accident. Hence the Tribunal ought

NC: 2025:KHC-D:13751

HC-KAR

to have taken the functional disability as 100% but not

50%. Learned counsel also submits that the Tribunal failed

to add future prospects. Learned counsel further contends

that the sum granted as compensation is on lower side and

therefore the claimant filed an appeal seeking enhancement

in compensation.

6. It is not in dispute that the claimant sustained

crush injury to the right elbow with fracture of right

humerus and proximal radius bone with dislocation of right

elbow joint. As per the evidence of PW-2 and the Disability

Certificate produced, the total permanent physical disability

is 70%. Taking into consideration the totality of evidence

produced, the Tribunal took disability in respect of whole

body as 50%. As rightly contented by learned counsel for

the Corporation, no evidence whatsoever is produced by the

claimant which convincingly establishes that he is a

Goldsmith by profession. Therefore as rightly projected by

the learned counsel for the Corporation, the notional income

of the claimant is required to be taken as Rs.6,000 per

NC: 2025:KHC-D:13751

HC-KAR

month. But as rightly submitted by the learned counsel for

the claimant, the Tribunal ought to have added future

prospects. Therefore taking the notional income of the

claimant as Rs.6,000/- per month, adding 40% of the

earnings towards future prospects in the light of the fact

that the claimant was aged around 35 years by the date of

accident, applying appropriate multiplier '16' and taking the

disability in respect of whole body as 50%, the

compensation which the claimant is entitled to receive

under the head loss of future earnings is Rs.8,06,400/-

(6,000 X 12 + 40% X 16 X 50%). The Tribunal through the

impugned order awarded a sum of Rs.7,68,000/- as

compensation towards loss of future earnings. Thus the

additional sum which the claimant is entitled to receive

under the head loss of future earnings is Rs.38,400/-

(8,06,400 - 7,68,000).

7. The Tribunal awarded a sum of Rs.50,000/-

towards pain and suffering, Rs.1,59,000/- towards medical

expenses, Rs.1,00,000/- towards diet, nourishment,

NC: 2025:KHC-D:13751

HC-KAR

attendant and conveyance charges, Rs.1,00,000/- towards

loss of income during laid up period and Rs.25,000/-

towards loss of amenities. In the light of the injuries

sustained, treatment taken and the disability with which the

claimant is left with, this Court is of the view that the said

amount is justifiable. Therefore this Court holds that the

appeal filed by the Corporation deserves dismissal and the

appeal filed by the claimant is required to be allowed in

part. Therefore both the appeals are disposed of with the

following:

ORDER

(i) MFA No.100033/2019 is dismissed.

(ii) MFA No.103436/2019 is allowed in part.

(iii) The compensation that is granted by the

Additional Motor Accident Claims Tribunal,

Hirekerur through orders in M.V.C. No.63/2013

dated 09.02.2018 is enhanced by Rs.38,400/-.

NC: 2025:KHC-D:13751

HC-KAR

(iv) The enhanced sum shall carry interest at the

rate of 6% per annum from the date of petition

till the date of deposit.

(v) The Corporation is directed to deposit the

enhanced sum within a period of 8 weeks from

the date of receipt of certified copy of this

judgment.

(vi) On such deposit, the claimant is permitted

withdraw the entire amount.

(vii) Amount if any in deposit be transmitted to