- 1 - HC-KAR NC: 2025:KHC:23492 MFA No. 2446 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2446 OF 2020(MV-I) BETWEEN: H.C.THIPPESWAMY, S/O. CHANNABASAPPA, AGED ABOUT 34 YEARS, R/O. HUNASEKATTE VILLAGE AND POST, DAVANAGERE TALUK AND DISTRICT. …APPELLANT (BY SRI. V. MAHESHA, ADVOCATE FOR SRI. A. HANUMANTHAPPA, ADVOCATE) AND: 1. YOGISH KUTKUNJE PAI, S/O. RAM MOHAN K. PAI, AGED ABOUT 38 YEARS, DRIVER OF CUM OWNER OF CAR BEARING REG NO.KA-05/MV-2504, R/O. B5 804, E1ITA PROMINADAE, J. P. NAGAR, 7TH PHASE, BANGALORE-560 078. 2. THE MANAGER, IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., IFFCO TOWER 4TH AND 5TH FLOORS, PLOT NO.3, SECTION 29 GURGAON, REP THROUGH, THE MANAGER, IFFCO - TOKIO GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23492 MFA No. 2446 of 2020 LAWYER STREET, K. B. EXTENSION, DAVANAGERE-577 001. …RESPONDENTS (BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R2; V/O. DATED 23.03.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2018 PASSED IN MVC NO.241/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MEMBER, MACT-IV, DAVANAGERE, 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 DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.V.Mahesha who represents Sri.Hanumanthappa.A learned counsel on record for the appellant as well as Sri.Muralidhar Negavar learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-IV, Davangere in MVC No.241/2018 dated 13.11.2018. This is a claimant's appeal. 3. Contending that the amount that is awarded as compensation by the Tribunal is grossly low, learned counsel - 3 - HC-KAR NC: 2025:KHC:23492 MFA No. 2446 of 2020 for the appellant submits that the appellant sustained grievous injuries in a road traffic accident and he took treatment as inpatient for a period of ten days. Learned counsel also states that the appellant underwent a surgery. Learned counsel further submits that though the appellant took extensive treatment, he could not attain normalcy and PW3 who examined the appellant assessed the disability as 48%. Learned counsel contends that the amount that is awarded by compensation under each head requires enhancement in the light of the grievous injuries sustained by the appellant. 4. Learned counsel also states that the appellant as an electrician was earning ₹15,000/- per month but the tribunal took the notional income of the appellant as ₹9,000/- which is grossly low. Learned counsel also contends that the accident occurred in the year 2017 and for the relevant period, the Karnataka State Legal Services Authority is taking the notional income as ₹11,000/- per month and the tribunal ought to have adopted that figure. Learned counsel ultimately seeks to award compensation to the extent that is claimed by the appellant before the Tribunal. - 4 - HC-KAR NC: 2025:KHC:23492 MFA No. 2446 of 2020 5. Learned counsel for respondent No.2 on the other hand states that compensation that is awarded by the Tribunal under all heads is justifiable. However, learned counsel submits that the notional income may be taken as ₹11,000/- per month as pleaded by learned counsel for the appellant. 6. The appellant did not choose to establish his exact occupation and earnings by the date of accident. However, considering the submission that is made by both the learned counsel, this Court considers desirable to take the notional income of the appellant as ₹11,000/- per month. Without disturbing other parameters, compensation which the appellant is entitled to under the head loss of future earnings on account of permanent physical disability is as under: Description Amount In Rs. Notional monthly income 11,000-00 Annual Income (Rs.11,000 X12) 1,32,000-00 On applying appropriate multiplier '16' 21,12,000-00 Loss of future earnings, permanent physical disability in respect of whole body being 16% 3,37,920-00 - 5 - HC-KAR NC: 2025:KHC:23492 MFA No. 2446 of 2020 The tribunal through the impugned order awarded a sum of ₹2,76,480/- only. Thus the enhancement will be ₹61,440/-. 7. Having considered the fact that the appellant sustained four grievous injuries and took treatment as inpatient for ten days and also the fact that the appellant during the period of treatment underwent a surgery, this Court is of the view that the compensation awarded under the head pain and suffering is required to be enhanced by ₹20,000/- and under the head food, nourishment, conveyance and attendant charges a sum of ₹10,000/-. Having considered the nature of injuries sustained, this court is of the view that the appellant would have taken bed rest at least for a period of four months. Thus the loss of earnings during laid up period comes to ₹44,000/-. However, the Tribunal awarded a sum of ₹27,000/- only under the said head. Thus the enhancement will be ₹17,000/- (₹44,000/- - ₹27,000/-). Thus the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is ₹1,08,440/- (₹61,440/- + ₹20,000/- + ₹10,000/- + ₹17,000/-). Therefore, the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC:23492 MFA No. 2446 of 2020 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal IV Davangere through Orders in MVC No.241/2018 dated 13.11.2018 is enhanced by ₹1,08,440/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 27