- 1 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100787 OF 2015 (MV-I) BETWEEN: 1. KARABASAPPA S/O PARAMESHAPPA @ PARAMESHWARAPPA BURADIKATTI AGE: 39 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. KURUBAGERI, TQ: RANEBENNUR, DIST: HAVERI …APPELLANT (BY SRI. G.N. NARASAMMANAVAR, ADV) AND: 1. K. HONNURAPPA S/O DODDARANGAPPA SINCE DECEASED BY HIS LRS 1A. RENUKAMMA W/O K. HONNURAPPA AGE: MAJOR, OCC: BUSINESS, R/O: ISHWAR NAGAR, RANEBENNUR, DIST: HAVERI. 2. 1B. H. AMARANATH S/O K. HONNURAPPA AGE: MAJOR, OCC: BUSINESS, R/O. ISHWAR NAGAR, RANEBENNUR, DIST: HAVERI. …RESPONDENTS (BY SRI. MADANMOHAN M KHANNUR, ADV FOR R1(A &B)) THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:09.12.2014, PASSED IN MVC NO.533/2011, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER : CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 ORAL JUDGMENT This Appeal is filed by the petitioner, being dissatisfied with the quantum of compensation awarded vide judgment and award dated 09.12.2004 passed in M.V.C.No.533/2011 by the learned Principal Senior Civil Judge and M.A.C.T., Ranebennur. 2. Brief facts, leading rise to the filing of this appeal are as follows: 3. On 05.04.2011, at about 10:10 PM, the petitioner was proceeding towards his shop on a motorcycle bearing registration No.KA-25/TR-1124. At the time, the rider of the motorcycle bearing registration No.KA-27/K- 6461 came in a rash and negligent manner and dashed against the petitioner. As a result, the petitioner sustained grievous injuries. Hence, he filed a claim petition under Section 166 of the M.V.Act claiming compensation for the injuries sustained in a road traffic accident. Accordingly, prays to allow the claim petition. - 3 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 4. A Notice was issued to the respondents before the Tribunal. Since, the owner of the motorcycle died, his legal representatives were brought on record. Respondent No.1(a) filed a statement of objections denying the averments made in the claim petition and contended that as of the date of the accident they were not at all the owners of the offending motorcycle and accordingly, prays to dismiss the claim petition against the legal representatives of the deceased owner of the offending vehicle. 5. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 6. The petitioner, to substantiate his case, examined himself as PW-1, examined the doctor as PW-2 and marked 32 documents as Exs.P-1 to P-32. In rebuttal, Respondent No.1(b) was examined as RW-1, and marked one document as Ex.R-1. 7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part - 4 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 vide judgment dated 09.12.2014 and awarded a compensation of Rs.2,45,000/- with interest at the rate of 7% p.a. from the date of the petition till its realization and held respondents No.1(a) and (b)/the legal representatives of the owner of the motorcycle jointly and severally liable to pay the compensation to the petitioner, and directed to deposit the compensation amount. 8. The petitioner being dissatisfied with the quantum of compensation, filed this appeal. 9. Heard the learned counsel for the petitioner and learned counsel for the legal representatives of the deceased owner/respondent. 10. The learned counsel for the petitioner submits that the compensation awarded by the Tribunal is on the lower side. He also submits that the Tribunal has not awarded the compensation under the head of loss of future income for the permanent physical disability, and loss of - 5 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 income during laid up period. Hence, on these grounds, he prays to allow the appeal. 11. Per contra, the learned counsel for the legal representatives of the owner/ respondent submits that the compensation awarded by the Tribunal is just and proper. He also submits that the petitioner even after the accident is carrying on the business, and there is no loss of future income; thus, the Tribunal was justified in not awarding the compensation under the heads of loss of future income and loss of income during laid up period. Hence, on these grounds, he prays to dismiss the appeal. 12. Perused the records, and considered the submissions of the learned counsel for the parties. 13. The point that would arise for consideration is regarding the quantum of compensation. - 6 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 Reg. the Quantum: 14. There is no dispute regarding the occurrence of the accident, and the injuries sustained by the petitioner in a road traffic accident. The petitioner, to prove that he suffered a permanent disability, has examined the doctor as PW-2 who opined that the petitioner has suffered a permanent disability to an extent of 50% to the left lower limb, however, during the course of cross-examination of the petitioner as PW-1, heclearly admitted that even after the accident he is carrying on his business and there is no loss of future earning. The Tribunal placing reliance on the judgment of this Court in the case of United India Insurance Company Ltd. vs. D.C. Rajanna and another1, has rightly held that the petitioner is not entitled to a compensation for the loss of future earning capacity. Hence, I do not find any error in declining to grant the compensation under the head of loss of future earning capacity for the alleged permanent disability. 1 2001 ACJ 45 - 7 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 15. From the perusal of evidence of doctor/PW-2, this Court reassesses the compensation under the following heads: Sl.No. HEADS AMOUNT 1. Pain and suffering Rs.50,000/- 2. Medical expenses Rs.1,37,000/- 3. Diet nourishment and attendant charges Rs.20,000/- 4. Conveyance charges Rs.45,000/- 5. Loss of income during laid up period ---- 6. Loss of future income on account of permanent physical disability ---- 7. Loss of amenities Rs.30,000/- 8. Future medical expenses Rs.10,000/- Total Rs.2,92,000/- Less: Compensation awarded by the Tribunal Rs.2,45,000/- Enhanced compensation Rs.47,000/- 16. Thus, the petitioner is entitled to a total compensation of Rs.2,92,000/- as against Rs.2,45,000/- awarded by the Tribunal i.e., to an enhanced compensation of Rs.47,000/-. In view of the above discussion, the point regarding the quantum is answered accordingly. 17. In view of the above discussion, I proceed to pass the following order: - 8 - HC-KAR NC: 2025:KHC-D:12097 MFA No. 100787 of 2015 ORDER (i) The Miscellaneous First Appeal is allowed in part. (ii) The judgment and award dated 09.12.2014 passed in M.V.C.No.533/2011 by the learned Principal Senior Civil Judge and M.A.C.T., Ranebennur is modified. (iii) The petitioner is entitled to an enhanced compensation of Rs.47,000/- with interest at 6% p.a. from the date of the petition till its realization. (iv) Respondents No.1(a) and 1(b) i.e., the legal representatives of the owner of the offending vehicle are directed to deposit the compensation amount with accrued interest within eight weeks from the date of receipt of a copy of this judgment. (v) The office is directed to transmit the records to the Tribunal forthwith. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB/List No.: 1 Sl No.: 27