- 1 - NC: 2025:KHC-D:5625 MFA No. 100333 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 100333 OF 2024 (MV-I) BETWEEN: THE DIVISIONAL COMMISSIONER, N.W.K.S.R.T.C. BELAGAVI. R/BY. ITS CHIEF LAW OFFICER, N.W.K.R.T.C. CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580030. …APPELLANT (BY SRI. I. C. PATIL, ADVOCATE) AND: FAKIRNAIK S/O. SABNAIK NAIKAR, AGE 73 YEARS, OCC: COOLIE, (NOW NIL), R/O. HALAKI VILLAGE, TQ. SAVADATTI, DIST. BELAGAVI-591126. …RESPONDENT (BY SRI. ASHOK A. NAIK, ADVOCATE THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR RECORDS IN MVC NO.1200/2022 ON THE FILE IN PRINCIPAL DISTRICT JUDGE AND MACT, BELAGAVI AND SET ASIDE THE JUDGMENT AND AWARD DATED 07.10.2023 PASSED IN M.V.C NO.1200/2022 ON THE FILE IN PRINCIPAL DISTRICT JUDGE AND MACT, BELAGAVI, AS A COMPENSATION AWARDED IN EXCESSIVE AND EXORBITANT BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5625 MFA No. 100333 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Heard the learned counsel appearing for the both sides. 2. Among other contentions, the main argument of the learned counsel appearing for the appellant challenging the judgment and award dated 7th October 2023, passed in MVC No.1200/2022 by the Prl. District Judge & MACT, Belagavi, is that the claimant was 73 years old at the time of accident. Despite this, the Tribunal assessed compensation under the head of loss of future earning capacity due to permanent disability and applied a multiplier of 5. Therefore, the said finding is incorrect. 3. He further submits that, as per the case Sarla Verma (Smt) and others Vs. Delhi Transport Corporation and Another1, the compensation under the head loss of future earning capacity due to permanent 1 (2009) 6 SCC 121 - 3 - NC: 2025:KHC-D:5625 MFA No. 100333 of 2024 disability is considered only up to the age of 70 years. Beyond this age, there is no prescribed multiplier. Therefore, the Tribunal ought not to have awarded compensation under this head. 4. Learned counsel appearing for the claimant vehemently contends that although the claimant was 74 years old, he was hail and healthy prior to the accident and was engaged in coolie work and earning his livelihood. Due to the injuries sustained in the accident, he is now unable to earn for his livelihood. Therefore, the Tribunal rightly considered and awarded compensation towards loss of future earning capacity due to permanent disability. 5. In support of his contention learned counsel relies upon the judgment of the Apex Court in the case of New India Assurance Company Limited Vs. Vinish Jain and Ors., dated 23.02.2018, wherein the deceased was 78 years old. Despite this, the Apex Court assessed the compensation by applying the multiplier of 5 under the head loss of dependency. He argues that the same principle - 4 - NC: 2025:KHC-D:5625 MFA No. 100333 of 2024 could be applied to the present facts and circumstances of this case. He further submits that difference between the present case and the above case is that in the cited case the claimants were sons and grandsons of the deceased, whereas in this case, the claimant himself become disabled due to the injuries sustained in the accident is aged about 74 years. The submission of the learned counsel for the appellant is not tenable and prayed to reject the same. 6. The submission of the learned advocate for respondent / claimant is acceptable. In the aforesaid case, although the deceased was 78 years old, compensation was calculated by applying a multiplier of 5. Similarly in the present case, the Tribunal applied a multiplier of 5, assessed 10% disability and awarded compensation. No illegality has been committed by the Tribunal in assessing the compensation under the head of loss of future earning capacity due to permanent disability and said finding do not call for interference. The appeal is devoid of merit and is accordingly dismissed. The judgment and award dated 7th - 5 - NC: 2025:KHC-D:5625 MFA No. 100333 of 2024 October 2023, passed in MVC No.1200/2022 by the Prl. District Judge & MACT, Belagavi is confirmed. 7. The amount in deposit, if any, be transmitted to the Tribunal forthwith along with a copy of this judgment. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 21