- 1 - HC-KAR NC: 2025:KHC-D:14501 MFA No. 102057 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102057 OF 2018 (MV-I) BETWEEN: PRAVEEN S/O. PRAKASHAPPA VADLAVAR, AGE: 27 YEARS, OCC: ELECTRICAL WORK SHIDENUR SUB STATION, TALUKA: BYADAGI, R/O. KARUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND: 1. MAHESH E.B. S/O. BASAVARAJAPPA E., AGE: MAJOR, OCC: BUSINESS, R/O. DEETUR VILLAGE, TQ: HARIHAR, DIST: DAVANAGERE-577 010, (OWNER OF THE TRACTOR ENGINE BEARING REG.NO.KA-17/TA-9325) 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., 2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580 023, (INSURER OF THE TRACTOR ENGINE BEARING REG.NO.KA-17/TA-9325) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.03 12:22:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14501 MFA No. 102057 of 2018 3. SHANMUKHAPPA S/O. CHANNABASAPPA ARERA, AGE: MAJOR, OCC: BUSINESS, R/O. KARUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI-581130, (OWNER OF THE TRAILOR BEARING REG.NO.KA-27/T-2076) 4. THE SENIOR MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO.LTD., SHRI SHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, 141-EAST NGEF LABOUR, KASTURI NAGAR, BENGALURU-560 070, (INSURER OF THE TRAILOR BEARING REG.NO.KA-27/T-2076) …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R2; SRI. SUBHASH J. BADDI, ADVOCATE FOR R4; NOTICE TO R1 & R3 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.4,24,001/- TO RS.14,30,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR DATED 23.02.2018 IN MVC NO.342/2015, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14501 MFA No. 102057 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri. Chandrasekhar M. Hosamani, learned counsel for the appellant, as well as Sri.Subhash J. Baddi, learned counsel for respondent No.4, who appear before this Court physically. Also heard Sri. S. V. Yaji, learned counsel for respondent No.2, who appears through Video Conference. 2. Challenge in this appeal is to the award passed by the Additional Motor Accident Claims Tribunal, Ranebennur, in MVC No.342/2015 dated 23.02.2018. This is a claimant’s appeal. 3. Arguing the matter, learned counsel for the appellant contends that the appellant sustained multiple injuries in a road traffic accident and became permanently and completely disabled. The Tribunal has not awarded justifiable sum as compensation under conventional heads and therefore the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC-D:14501 MFA No. 102057 of 2018 Learned counsel thereby seeks for enhancement in compensation. 4. Per contra, learned counsel appearing for respondent No.2 as well as learned counsel representing respondent No.4 collectively state that, though no proof is produced with regard to occupation and earnings of the appellant as on the date of the accident, and though the genuineness of Exhibit P12 - salary certificate is not established, yet the Tribunal, considering the said document, awarded a huge sum as compensation towards ‘loss of future earnings’ and therefore the appeal is not maintainable. 5. The appellant succeeded in establishing that he sustained fracture of the right tibia shaft and fracture of the superior wall of the left orbit extending to the anterior wall of the frontal sinus. Though, as rightly contended, the Tribunal awarded a sum of Rs.15,000/- only towards ‘pain and suffering’ and Rs.10,000/- only towards ‘loss of amenities in life’, the Tribunal awarded huge sum of Rs.2,73,404/- towards ‘loss of - 5 - HC-KAR NC: 2025:KHC-D:14501 MFA No. 102057 of 2018 future earnings’, taking the income of the appellant as Rs.15,822/- per month. 6. Admittedly, the appellant failed to establish his occupation and earnings as on the date of accident. However, the Tribunal, considering the contents of Exhibit P12 - salary certificate, awarded huge sum as compensation towards ‘loss of future earnings’. The total amount awarded as compensation by the Tribunal is Rs.4,24,001/-. The sum thus awarded is highly justifiable, and therefore this Court is of the view that there are no grounds for further enhancement. 7. Thus, the ultimate conclusion of this Court is that the appeal lacks merits. 8. Resultantly, the appeal stands dismissed. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab/CT-MCK List No.: 1 Sl No.: 48