Karnataka High Court
Chandrappa S/O Sali Irappa vs The Depot Manager on 30 October, 2025
-1-
NC: 2025:KHC-D:14715
MFA No. 102770 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 30TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102770 OF 2016 (MV-I)
BETWEEN:
CHANDRAPPA S/O. SALI IRAPPA,
AGE: 44 YEARS, OCC: NOW NIL,
R/O. KONANATALE, TQ: HONNALLI,
DIST: DAVANGERE, NOW AT TUMMINKATTI,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. G.S. HULMANI, ADVOCATE)
AND:
THE DEPOT MANAGER,
NWKSRTC, RANEBENNUR DEPOT,
GIRIJA A. MAGOD ROAD, RANEBENNUR,
BYAHATTI
TQ: RANEBENNUR, DIST: HAVERI.
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
...RESPONDENT
DHARWAD
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO CALL RECORDS FROM
THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL
MACT, RANEBENNUR; MODIFY THE JUDGMENT AND AWARD
PASSED BY THE TRIBUNAL IN M.V.C. NO.1377/2014 DATED 28
JUNE 2016 AND ENHANCE THE COMPENSATION AS PRAYED
FOR; COST OF THE APPEAL AND ETC.
-2-
NC: 2025:KHC-D:14715
MFA No. 102770 of 2016
HC-KAR
THIS APPEAL COMING ON FOR FINAL HEARING 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 Girish S. Hulmani, learned counsel for the
appellant who appears through Video Conference. Also heard
Sri S.C.Bhuti, learned counsel for the respondent who appears
before this Court physically.
2. Challenge in this appeal is the award that is passed
by the Additional Motor Accident Claims Tribunal, Ranebennur,
in MVC 1377 of 2014 dated 28.06.2016. This is a claimant's
appeal.
3. As against the claim for Rs.10,00,000/- in total,
the tribunal through the impugned order awarded a sum of
Rs.1,15,100/- as compensation and aggrieved by the same
the present appeal is filed.
4. Arguing the matter, learned counsel for the
appellant contends that the tribunal committed grave error
NC: 2025:KHC-D:14715
HC-KAR
while rejecting to grant any amount as compensation towards
'loss of future earnings'. Learned counsel submits that by all
the evidence produced, the appellant succeeded in
establishing that he sustained multiple grievous injuries in a
road traffic accident and that those injuries resulted in
disability of 35%. Learned counsel submits that the appellant
as a mason was earning Rs.15,000/- per month by the date of
accident. But due to the injuries sustained, he became
permanently disabled. Learned counsel thereby seeks for
enhancement in compensation under all heads.
5. The submission that is made by learned counsel for
the respondent on the other hand is that the tribunal making
an observation that there is no direct nexus between the
injuries sustained, the avocation and the disability, failed to
award any sum as compensation towards 'loss of future
earnings' and the observation of the tribunal is valid.
6. Ex.P.4-Wound Certificate discloses that the
appellant sustained head injury with acute extra dural
hemorrage along left temporo occipital region with fracture of
NC: 2025:KHC-D:14715
HC-KAR
temporal bone. As per Ex.P.11-Disability Certificate, the
C.T.Scan of the skull which were taken on 25.12.2013 and
26.12.2013 disclosed fracture of temporal bone, fracture of
bilateral sphenoid sinus, fracture of the greater wing of right
splenoid bone, fracture of medial wall of right orbit, fracture of
both zygomatic bones, fracture of right orbital apex and
fracture of the postero lateral wall of the right maxillary sinus.
By all the evidence produced, the appellant succeeded in
establishing that he suffers with 35% of permanent structural
disability in respect of skull region. Thus considering the
evidence produced to that effect, this Court is of the view that
the disability in respect of whole body can be taken as 10%.
7. The appellant failed to produce any substantive
proof with regard to his occupation and earnings as on the
date of accident. Therefore as rightly sought for by learned
counsel of the appellant, this Court intends to take the
notional income of the appellant as Rs.7,000/- per month,
which figure is considered for the relevant period by the High
Court Legal Services Committee, Dharwad Bench for
NC: 2025:KHC-D:14715
HC-KAR
settlement of claims before Lok-Adalat. The age of the
appellant as on the date of accident as per the evidence
produced is 47 years. Therefore the appropriate multiplier to
be applied as per the decision of the Hon'ble Apex Court in the
case of Sarla Verma and others vs. Delhi Transport Corporation
and another1 is '13'. Hence the amount which the appellant is
entitled to receive towards loss of future earnings comes to
Rs.1,09,200/- (Rs.7,000x12x13x10%).
8. Having considered the nature of injuries sustained
this Court is of the view that the appellant could not have
attended his normal pursuits at least for a period of 6 months.
Therefore 'loss of earnings during laid up period' comes to
Rs.42,000/- (Rs.7,000x6).
9. On going through the entire evidence that is
brought on record, and in the light of the discussion that went
on supra, this Court considers that the appellant is entitled to
compensation under following heads.
(2009) 6 SCC 121
NC: 2025:KHC-D:14715
HC-KAR
Heads Amount in Rs.
Pain and suffering 50,000.00
Medical expenses 37,016.00
Food, extra-nourishment, attendant 20,000.00
and conveyance charges
Loss of future earnings 1,09,200.00
Loss of earning during laid up period 42,000.00
Loss of amenities in life 25,000.00
Towards damage to the vehicle 5,000.00
Total 2,88,216.00
10. Thus, it is clear that the appellant is entitled to a
sum of Rs.2,88,216/- 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,
Ranebennur through orders in MVC 1377 of
2014 dated 28.06.2016 is enhanced from
Rs.1,15,100/- to Rs.2,88,216/-.
(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 is directed to deposit the
enhanced sum within a period of 8 weeks from
NC: 2025:KHC-D:14715
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
