Karnataka High Court
Shri.Mahadev S/O Kallappa Hunnargi vs Shri.Raju Sadashiv Rangoli on 14 October, 2025
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NC: 2025:KHC-D:13842
MFA No. 103580 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 14TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 103580 OF 2018 (MV-I)
BETWEEN:
SHRI MAHADEV S/O. KALLAPPA HUNNARGI,
AGE: 60 YEARS, OCC: NOW NIL,
R/O. EXAMBA, TAL: CHIKKODI,
DIST: BELAGAVI-590001.
...APPELLANT
(BY SRI. SOURABH MIRJE FOR
SRI. SHIVARAJ S. BALLOLI, ADVOCATES)
AND:
1. SHRI RAJU SADASHIV RANGOLI,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: RAIBAG,
TAL: RAIBAG, DIST: BELAGAVI-590001,
(OWNER/CUSTODIAN OF HERO
GIRIJA A.
HONDA SPLENDOR BEARING
BYAHATTI REG NO.KA-23/ED-2273)
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
2. THE BRANCH MANAGER,
KARNATAKA
DHARWAD BENCH
DHARWAD
NATIONAL INSURANCE COMPANY LTD.,
ASHOK NAGAR, NIPPANI,
TAL: CHIKKODI, DIST: BELAGAVI-590001.
(POLICY NO.61020231151000917
VALID FROM 11/05/2015 TO 10/05/2016)
...RESPONDENTS
(BY SRI. S.S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND
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NC: 2025:KHC-D:13842
MFA No. 103580 of 2018
HC-KAR
AWARD DATED 21/01/2017 PASSED IN M.V.C. NO.1032/2016
ON THE FILE OF THE XI ADDITIONAL DISTRICT AND SESSIONS
JUDGE AND ADDITIONAL MACT, BELAGAVI IN SO FAR AS
DENYING THE COMPENSATION IN EXCESS OF RS.2,71,400/- BY
ALLOWING THE APPEAL TO MEET THE JUSTICE AND EQUITY.
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.Sourabh who represents Sri.Shivaraj
S.Balloli learned counsel on record for the appellant as well
as Sri.S.S.Gundi learned counsel for respondent No.2.
2. Projecting that he is entitled to a higher sum as
compensation, the claimant in M.V.C. No.1032/2016 that
stood pending before the Additional Motor Accident Claims
Tribunal, Belagavi (hereinafter referred to as 'the Tribunal'
for brevity) and was disposed of through order dated
21.01.2017 has preferred the present appeal.
3. Arguing the matter, learned counsel who
represents the appellant contends that the appellant as an
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HC-KAR
agriculturist was earning Rs.4,00,000/- per annum. But the
Tribunal erroneously took the notional income as Rs.7,000/-
per month. Learned counsel states that the accident
occurred in the year 2015 and for the relevant period the
High Court Legal Services Committee, Dharwad is taking
the notional income as Rs.8,000/- per month for settlement
of claims and at least said figure should have been
considered by the Tribunal. Learned counsel further submits
that the Tribunal failed to award any sum as compensation
towards loss of amenities in life. Learned counsel also states
that the Tribunal awarded a sum of Rs.10,000/- only
towards future medical expenses and the same requires
enhancement.
4. Learned counsel for respondent No.2 on the
other hand states that the compensation that is granted by
the Tribunal is justifiable.
5. Having considered the submission that is made
by the learned counsel for the appellant regarding the
notional income to be taken, this Court is of the view that
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HC-KAR
the notional income of the appellant is required to be taken
as Rs.8,000/- per month. On taking the notional income as
Rs.8,000/- per month and without disturbing the other
parameters that is application of appropriate multiplier '9'
and the disability in respect of whole body as 15%, the
compensation which the appellant is entitled to receive
under the head 'loss of future earnings' is Rs.1,29,600/-
(Rs.8,000 x 12 x 9 x 15%). The tribunal awarded a sum of
Rs.1,13,400/- only towards loss of future earnings. Thus the
enhancement under the said head will be Rs.16,200/-
(1,29,600 - 1,13,400).
6. In the same manner, loss of earnings during laid
up period comes to Rs.24,000/- (Rs.8,000 X 3). The
Tribunal granted a sum of Rs.21,000/- only under the said
head. Thus the enhancement will be Rs.3,000/- (24,000 -
21,000).
7. Also this Court is of the view that the appellant is
entitled to a sum of Rs.10,000/- towards loss of amenities
in life. Therefore the total enhancement will be Rs.29,200/-
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HC-KAR
(16,200 + 3,000 + 10,000). Thus 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,
Belagavi through orders in M.V.C.
No.1032/2016 dated 21.01.2017 is
enhanced by Rs.29,200/-.
(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 period of delay of 532 days as per the
order on I.A. No.1/2019.
(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.
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HC-KAR
(v) On such deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
RH
CT-MCK
