Sri Erappa Havaragi Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2026)

Sri Erappa Havaragi Vs the Divisional Controller — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Enhancement of compensation by an additional Rs.50,000/- with 6% p.a. interest from the date of petition till realization (excluding interest for 451 days' delay per order dated 12.12.2022); impugned judgment and award modified to that extent; insurer to deposit before the Tribunal within six weeks for release to the appellant; Registry to draw modified award.

Issue for consideration

Whether the appellant, who suffered 28% limb / 14% whole-body disability but neither lost employment nor suffered reduction in earning capacity, was entitled to compensation under the head of loss of future income due to disability. +1 more

Court's answer

Due to the disability resulting from the road accident, the appellant neither lost his employment nor suffered any reduction in earning capacity, and therefore the Tribunal was fully justified in declining compensation under the head of loss of future income due to disability.

Ratio / Principle

The Tribunal's finding declining loss-of-future-income compensation is strictly in consonance with the evidence on record and does not call for any interference.

Key takeaways

Having regard to the nature of treatment provided, the injuries sustained and the extent of disability assessed by the doctor, the ends of justice would be met by awarding an additional compensation of Rs.50,000/- over and above the compensation (including Rs.54,196/- for loss of leave) awarded by the Tribunal.ratio¶39
The additional compensation carries interest at 6% per annum from the date of petition till realization, excluding interest for the delayed period of 451 days as per the order dated 12.12.2022.ratio¶42

Detailed headnote1 paragraphs

Motor Vehicles Act — M.F.A. u/s 173(1) by injured claimant seeking enhancement of compensation awarded in MVC No.559/2017 (award dated 25.07.2018). Appellant, employed in KSRTC, sustained fractures in a road accident on 13.09.2014; disability assessed at 28% to a limb and 14% whole body. Held: since the appellant neither lost employment nor suffered reduction in earning capacity, the Tribunal was justified in declining compensation under loss of future income due to disability — no interference warranted. Loss-of-leave award of Rs.54,196/- upheld; however, considering the treatment, injuries and extent of disability, an additional Rs.50,000/- granted with 6% p.a. interest from date of petition till realization, excluding interest for 451 days' delay as per order dated 12.12.2022; insurer to deposit within six weeks. Appeal partly allowed.

NC: 2026:KHC:18568 M.F.A. No.4275/2020

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4275/2020 (MV-I)

BETWEEN:

SRI. ERAPPA HAVARAGI S/O SOMAPPA AGED 36 YEARS WORKING AS HELPER KSRTC DEPOT NO.2 CENTRAL DIVISION SHANTHINAGAR BENGALURU-560.

…APPELLANT

Digitally signed by ARSHIFA BAHAR KHANAM

Location: HIGH COURT OF KARNATAKA

(BY SRI. P. MAHADEVASWAMY, ADV.,)

AND:

THE DIVISIONAL CONTROLLER KSRTC BENGALURU CENTRAL OFFICE SHANTHINAGAR BENGALURU-560 027. 2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE XI-672100 4TH FLOOR, TOWER BLOCK UNITY BUILDINGS J.C.ROAD, BENGALURU-560 002. …RESPONDENTS (BY SRI. F.S. DABALI, ADV., FOR R1 SMT. LATA PRASAD, ADV., FOR R2)

2 - NC: 2026:KHC:18568 M.F.A. No.4275/2020

HC-KAR

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.07.2018 PASSED IN MVC NO.559/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

This appeal is filed by the injured appellant

challenging the judgment and award dated 25.07.2018 passed in MVC.No.559/2017 by the XXII ASCJ & XX ACMM and Member, MACT, Bengaluru, (SCCH-24), (for short 'the Tribunal').

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

Sri.P.Mahadevaswamy, learned counsel

appearing for the appellant submits that the Tribunal has erred in not awarding any compensation under the

3 - NC: 2026:KHC:18568 M.F.A. No.4275/2020

HC-KAR

head of loss of future income due to disability. It is submitted that the appellant availed a total of 112 days of leave due to the injuries sustained; however, a sum of only Rs.54,196/- has been awarded towards loss of leave, which is very meager. Hence, he seeks to reassess the compensation by considering his nature of employment, as a conductor cum driver, and due to disability, he is unable to continue his work.

Per contra, Smt.Lata Prasad, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the Tribunal has assigned detailed reasons in paragraph Nos.20 and 21 with regard to the loss of leave, which has been appropriately calculated and compensation has been awarded for such loss. It is submitted that the evidence on record clearly indicates that even after the accident and the alleged disability, the appellant continued in service with the Corporation and drew the same salary. Hence, there cannot be any compensation under the head of loss

4 - NC: 2026:KHC:18568 M.F.A. No.4275/2020

HC-KAR

of future income due to disability. It is further submitted that the award of compensation by the Tribunal on the other heads is just and proper and there is no scope for enhancement. Accordingly, she seeks to dismiss the appeal.

I have heard the arguments on both the sides

and meticulously perused the material available on record.

respondent/Insurance Company are not in dispute that the appellant met with a road accident on 13.09.2014 and sustained fractures. The record indicates that the doctor has assessed the disability at 28% to a particular limb and 14% to the whole body. It is to be noticed that the appellant was employed as a driver-cum-conductor in KSRTC. It is also not in dispute that due to disability resulting from the road accident, the appellant has neither lost his employment nor suffered any reduction in earning capacity. Considering the same, the Tribunal was fully

5 - NC: 2026:KHC:18568 M.F.A. No.4275/2020

HC-KAR

justified in declining to award compensation under the head of loss of future income due to disability. In my considered view, the said finding is strictly in consonance with the evidence available on record and does not call for any interference.

Insofar as the loss of leave is concerned, the Tribunal in paragraph No.20 has clearly recorded the category of leave availed by the appellant during the treatment period. Taking the same into consideration along with his salary, it has awarded a sum of Rs.54,196/which is strictly in consonance with the evidence available on record. However, having regard to the nature of treatment provided to the appellant, the injuries sustained and the extent of disability assessed by the doctor, I am of the considered view that the ends of justice would be met if an additional compensation of Rs.50,000/- is awarded to the appellant over and above the compensation awarded by the Tribunal. Accordingly, the appellant is entitled to an additional sum of Rs.50,000/- as compensation.

6 - NC: 2026:KHC:18568 M.F.A. No.4275/2020

HC-KAR

The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization excluding the interest for the delayed period of 451 days as per the order dated 12.12.2022.

In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed . The respondent/insurer shall deposit the additional compensation amount of Rs.50,000/- with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK

List No.: 2 Sl No.: 15