Arun S/O Gopal Chavan Vs Muttanna Nirunnappa Biradar

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NC: 2025:KHC-D:15106 MFA No. 101407 of 2014

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI M.F.A. NO.101407 OF 2014 (MV-I)

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BETWEEN:

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ARUN S/O. GOPAL CHAVAN, AGE: 24 YEARS, OCC: STUDENT, SINCE UNSOUND MIND, REPRESENTED BY HIS NATURAL FATHER GOPAL S/O. THAVARAPPA CHAVAN, AGE: 46 YEARS, OCC: SERVICE, R/O. DURGA VIHAR TANDA, STATION ROAD, WARD NO.10, TQ. & DIST: BAGALKOT.

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..APPELLANT

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(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)

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AND:

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Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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MUTTANNA NIRUNNAPPA BIRADAR, AGE: 44 YEARS, OCC: OWNER OF VEHICLE, R/O. NEAR BASAV TEMPLE, AT: POST MINAJAGI, TQ: MUDDEBIHAL, DIST: BIJAPUR.

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SRIRAM GENERAL INSURANCE COMPANY LTD., REPRESENTED BY DIVISIONAL MANAGER, S/5, II FLOOR, MONARK CHAMBER, INFANTRY ROAD, BANGALORE-560001.

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…RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 05.10.2013, PASSED BY THE MEMBER OF MACT NO.IV BAGALKOT AT:

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NC: 2025:KHC-D:15106 MFA No. 101407 of 2014

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HC-KAR

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BAGALKOT IN MVC NO.681/2010 AND SUITABLY MODIFY/ ENHANCE THE SAME, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS MISCELLANEOUS FIRST APPEAL, HAVING BEEN HEARD AND RESERVED ON 23.10.2025, COMING ON FOR ‘PRONOUNCEMENT OF JUDGMENT’, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

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CAV JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

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This is an appeal filed by the Claimant in MVC No.681/2010 on the file of MACT No-IV, Bagalkot (for short, ‘the tribunal’) praying to modify the judgment and award dated 05.10.2013 passed therein and to suitably enhance the compensation amount.

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The Claimant has maintained the claim petition before the tribunal under Section 166 of M.V. Act praying for a total compensation of Rs.37,00,000/- for the injuries sustained in a road traffic accident occurred on 18.01.2010 at about 6.00 a.m. near Tulasigeri village on Bagalkot to Belagavi State Highway. The tribunal allowed the said petition in part holding that the Claimant is entitled for compensation of Rs.4,39,180/- together with interest at the rate of 6% per annum from the date of

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HC-KAR

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petition till its realization. In this appeal, the Claimant has restricted his claim to Rs.14,90,000/-.

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As already pointed out, the Claimant has maintained this appeal praying for enhancement of the compensation amount on the ground that learned tribunal has awarded meager compensation under the head of pain and suffering, loss of income during the period of treatment, loss of future income and other conventional heads. He has also contended that learned tribunal has failed to award suitable rate of interest by taking into consideration the decision rendered by Hon’ble Supreme Court of India in Vimal Kanvar Vs Kishore Dan (2013) ACJ

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1441 .

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The learned tribunal has awarded compensation to

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the Claimant herein under the following heads :

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1	Pain and suffering	Rs.50,000/-
2	Loss of future earning capacity	Rs.1,29,600/-
3	Attendant charges	Rs.5,000/-
4	Medical expenses	Rs.1,84,580/-
5	Conveyance charges	Rs.20,000/-
6	Loss of future prospects	Rs.50,000/-
	Total	Rs.4,39,180/-

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NC: 2025:KHC-D:15106 MFA No. 101407 of 2014

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HC-KAR

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As per the Wound Certificate marked at Ex.P7, the Claimant herein had suffered contusion over left forehead. The medical record produced at Ex.P16 goes to show that he has undergone treatment at KLES Hospital, Belagavi as an in-patient from 22.01.2010 to 06.03.2010 in connection with diffuse axonal injury with fracture of fibular. Taking into consideration the materials available on record learned tribunal has awarded compensation of Rs.50,000/- to the Claimant under pain and suffering, which is a just and reasonable compensation.

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The tribunal has awarded compensation of Rs.1,84,580/- to the Claimant under the head of medical expenses. It has awarded the said amount by taking into consideration the documents produced by the Claimant before it at Ex.P8. The Claimant has failed to point out any error committed by learned tribunal in awarding compensation under this head.

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It is the case of the Claimant that he was aged 20 years at the time of accident and that he has suffered 48% of permanent disability on account of accidental injuries. He has submitted that learned tribunal has taken his functional disability

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HC-KAR

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at 20% and annual income as Rs.36,000/-, which is on lower side.

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It is true that PW-5 Dr.Praful during his evidence has stated that the Claimant has got 30% less sensory in the left part of entire body and thereby he has got 48% permanent disability on left side of the body. Normally, 1/3^rd of permanent disability to a particular limb or part of body would be taken as percentage of functional disability to whole body. In that event, 1/3^rd of 48% would be 16%. Whereas, learned tribunal has taken functional disability of the Claimant as 20%, which is more than the percentage of functional disability taken in normal course.

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Admittedly, as per the chart prepared by HCLSC for the purpose of Lok-Adalat, the notional income of a person would be taken as Rs.5,500/- per month, for the year 2010. It is the definite case of the Claimant that he was a student at the time of accident. As such, it would be proper to determine the quantum of compensation under the head of loss of future income based on his notional income. If we take the notional income of the Claimant at Rs.5,500/- per month, with reference to date of accident i.e., 18.01.2010, as given in the chart of HCLSC, then

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HC-KAR

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the compensation under the head of loss of future income/loss of future earning capacity works out to Rs.2,37,600/- (Rs.5,500/- X 12 X 18 X 20%). In view of the same, this Court holds that it would be proper to award a sum of Rs.2,37,600/- to the Claimant under the head of loss of future income/loss of future earning capacity in place of Rs.1,29,600/- as determined by the tribunal.

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The impugned judgment goes to show that the tribunal has awarded a sum of Rs.5,000/- under the head of attendant charges and Rs.20,000/- under the head of conveyance charges. The Claimant is said to be the resident of Bagalkot. The document produced at Ex.P16 goes to show that he has undergone treatment in KLES Hospital, Belagavi as an in-patient from 22.01.2010 to 06.03.2010. It is the case of the Claimant that even thereafter he had undergone further treatment for the injuries sustained in the accident for some more period. He materials available on record support the said contention of the Claimant. Thus, taking into consideration the period of treatment of the Claimant as an in-patient and probable expenses incurred for conveyance and attendant charges as well as diet and

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HC-KAR

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nourishment, this Court holds that it would be just and proper to award a sum of Rs.50,000/- to the Claimant under this head.

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It is contended that at the time of accident the

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Claimant was studying Diploma in Textile Engineering and due to accidental injuries he could not pursue his studies and thereby lost good prospects in life. In the said circumstances, it is contended that learned tribunal ought to have awarded more compensation to the Claimant under the head of loss of future prospects in place of Rs.50,000/- awarded under impugned judgment. It is to be noted that in the claim petition the claimant had contended that due to accidental injuries he has suffered mental shock and become unsound mind. How PW-5 Dr.Praful has not whispered anything about these aspects except stating about certain percentage of permanent disability to the left side body of the Claimant. In view of the same, considering the material available on record, this Court holds that the compensation awarded by the learned tribunal to the Claimant under the head of loss of future prospects is proper.

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The Claimant has also contended that the rate of interest awarded by the tribunal in the case is meager. Normally,

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HC-KAR

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the interest on the compensation amount would be awarded at the rate of 6% per annum unless there is other a circumstance or reason for awarding higher rate of interest. The tribunal has awarded interest to the Claimant at the rate of 6% per annum. If we take into consideration the date of accident and other relevant factors, this Court does not find any valid reason to hold that rate of interest awarded by the tribunal is meager.

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For the foregoing reasons, this Court holds that the Claimant is entitled for total compensation of Rs.5,72,180/- in place of Rs.4,39,180/- awarded by the tribunal, under the following heads:

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1	Pain and suffering	Rs.50,000/-
2	Loss of future earning capacity	Rs.2,37,600/-
3	Medical expenses	Rs.1,84,580/-
4	Diet and nourishment, conveyance and attendant charges.	Rs.50,000/-
5	Loss of future prospects	Rs.50,000/-
	Total	Rs.5,72,180/-

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In the result, this Court proceeds to pass the following:

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ORDER

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(i) The appeal is allowed in part.

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NC: 2025:KHC-D:15106 MFA No. 101407 of 2014

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HC-KAR

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(ii) The impugned judgment and award dated 05.10.2013 passed in MVC No.681/2010 by the Member MACT No.IV, Bagalkot is modified to the extent that the Claimant is entitled for total compensation of Rs.5,72,180/- (Rupees Five Lakh Seventy Two Thousand One Hundred and Eighty) Only as against Rs.4,39,180/- awarded by the tribunal.

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(iii) The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of payment/realization.

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(iv) Respondent No.2-Sriram General Insurance Company Limited shall deposit the enhanced compensation amount with accrued interest before the concerned tribunal within a period of six weeks from today.

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(v) On such deposit, same shall be released in favour of the Claimant/appellant.

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(vi) Draw modified award accordingly.

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Sd/(B. MURALIDHARA PAI) JUDGE

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CKK /CT-AN

Arun S/O Gopal Chavan v. Muttanna Nirunnappa Biradar

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Arun S/O Gopal Chavan v. Muttanna Nirunnappa Biradar

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