Karnataka High Court
Yallamma W/O Galeppa Kunchikoravar vs The Divisional Contorller on 30 October, 2025
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NC: 2025:KHC-D:14679
MFA No. 102614 of 2015
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. 102614 OF 2015 (MV-I)
BETWEEN:
YALLAMMA
W/O. GALEPPA KUNCHIKORAVAR,
AGE: 46 YEARS, OCC: COOLIE WORK, NOW NIL,
R/O. & TQ: HARIHARA, DIST : DAVANGERE.
...APPELLANT
(BY SRI. GIRISH S. HULMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KRSTC, MYSORE DIVISION,
MYSORE, TQ & DIST: MYSORE.
GIRIJA A.
...RESPONDENT
BYAHATTI
(BY SRI. S.C. BHUTI, ADVOCATE)
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
DHARWAD
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM
THE PRL. SENIOR CIVIL JUDGE AND M.A.C.T. RANEBENNUR;
MODIFY THE JUDGMENT AND AWARD PASSED BY THE JUDGE IN
M.V.C.NO.58/2014 DATED 22ND MAY 2015 AND ENHANCE THE
COMPENSATION AS PRAYED FOR; COST OF THE APPEAL AND
ETC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14679
MFA No. 102614 of 2015
HC-KAR
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 as well as Sri S.C. Bhuti learned counsel for the
respondent.
2. This appeal is the outcome of the award that is
passed by the Motor Accident Claims Tribunal, Ranebennur, in
MVC 58 of 2014 dated 22.05.2015. This is a claimant's appeal.
3. Projecting that she sustained grievous injuries in a
road traffic accident that occurred in the year 2013, the
appellant filed a petition claiming compensation of
Rs.11,50,000/- in total. The tribunal through the impugned
award granted a sum of Rs.1,48,500/- as compensation. The
version of the appellant is that she is entitled to a higher sum.
4. Arguing on merits of the matter, learned counsel
for the appellant submits that the appellant sustained two
grievous injuries in the road traffic accident. The injuries
resulted in permanent physical disability. Though evidence
NC: 2025:KHC-D:14679
HC-KAR
was produced, establishing all the aspects of the case, the
tribunal awarded very meagre sum as compensation. Learned
counsel submits that the appellant by doing coolie work was
earning Rs.15,000/- per month, but the tribunal took the
national income as Rs.4,000/- per month unjustifiably.
Learned counsel contends that the accident occurred in the
year 2013 and for the relevant period the High Court Legal
Services Committee, Dharwad Bench is taking the national
income as Rs.7,000/- per month for settlement of claims and
at least said figure should have been adopted by the tribunal.
Learned counsel thereby seeks for enhancement in
compensation.
5. The submission that is made by learned counsel for
the respondent on the other hand is that the compensation
that is granted by the tribunal under all heads except towards
'loss of future earnings' is justifiable and so far as 'loss of
future earnings' are concerned there may be marginal
enhancement, in the light of the submission that is made by
learned counsel for the appellant.
NC: 2025:KHC-D:14679
HC-KAR
6. It is not in dispute that the appellant sustained
fracture of L1 vertebra and fracture of right tibia which are
grievous in nature. By all the evidence produced, the appellant
succeeded in establishing that she took treatment as inpatient
for 22 days.
7. Having considered the submission that is made by
learned counsel for the appellant regarding the notional
income to be taken, this Court considers desirable to take the
notional income of the appellant as Rs.7,000/- per month. On
taking the notional income as Rs.7,000/- per month and
without disturbing other parameters i.e., application of
appropriate multiplier '14' and a disability in respect of whole
body as 10%, the compensation which the appellant is entitled
to receive towards 'loss of future earnings' is Rs.1,17,600/-
(7,000x12x14x10%).
8. In the light of the fact that the appellant sustained
two grievous injuries and she took treatment as inpatient for
more than 20 days, this Court is of the view that the appellant
could not have attended her normal pursuits at least for a
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HC-KAR
period of 5 months. Thus, 'loss of earnings during laid up
period' comes to Rs.35,000/- (7,000x5).
9. Considering the totality of evidence produced, the
compensation which the appellant is entitled to receive under
each head is as under:
Heads Amount in Rs.
Towards pain and suffering 30,000.00
Towards medical expenses 28,250.00
Towards food, extra 15,000.00
nourishment, attendant and
conveyance charges
Loss of income during laid up 35,000.00
period
Loss of future earnings 1,17,600.00
Loss of amenities in life 15,000.00
Total 2,40,850.00
10. Thus it is clear that the appellant is entitled to a
sum of Rs.2,40,850/- as compensation. However the tribunal
awarded a sum of Rs.1,48,500/- only as compensation.
Therefore the appeal is disposed of with following:
ORDER
(i) The appeal is allowed in part.
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HC-KAR
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal,
Ranebennur, through orders in MVC 58 of
2014 dated 22.05.2015 is enhanced from
Rs.1,48,500/- to Rs.2,40,850/-.
(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 the date of receipt of certified copy of
this judgment.
(v) On such a deposit, the appellant is permitted
to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
CT-MCK
