- 1 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3152 OF 2021(MV-I) BETWEEN: SMT. SAVITHA BAI, W/O. LATE KUMARANAIK, AGED ABOUT 30 YEARS, AGRICULTURIST/COOLIE, R/O TANGALI THANDYA, KADUR TALUK, CHIKKAMAGALURU DISTRICT. …APPELLANT (BY SRI. MOHAN K. N., ADVOCATE) AND: 1. ANANDANAIK, S/O. MALYANAIK, AGED ABOUT 39 YEARS, DRIVER OF TRACTOR BEARING REG.NO.KA-66/T-1585, R/O. MUSLAPURA VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT. 2. KRISHNAMURTHY G.P., S/O. PUPPARI GOWDA, AGED ABOUT 40 YEARS, R/O. GANGABASAVANAHALLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT, OWNER OF TRACTOR BEARING REG.NO.KA-66/T-1585. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 3. THE BRANCH MANAGER, IFFCO TOKIO INSURANCE CO. LTD., SHASHIKIRAN BUILDING, 1ST FLOOR, SHANKARAMUTT ROAD, SHIVAMOGGA-5. 4. CHANDRANAIK, S/O. SOMYA NAIK AGED ABOUT 48 YEARS, BOLANAHALLI VILLAGE, DEVANUR POST, KADUR TALUK CHIKKAMAGALURU DISTRICT, RIDER AND OWNER OF TVS VICTOR MOTOR CYCLE BEARING REG.NO.KA-18/R-3959. 5. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD., NAGNIRMALA COMPLEX, BAAVANAHALLI MAIN ROAD, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE FOR R3 (VC); SRI. R. GUNASHEKAR, ADVOCATE FOR R5; R1 AND R2 ARE SERVED; V/O. DATED 25.07.2023, NOTICE TO R4 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2019 PASSED IN MVC NO.352/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU, 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 - 3 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 ORAL JUDGMENT Heard Sri.Mohan.K.N, learned counsel for the appellant who appears physically before this Court. Also heard Sri.E.I.Sanmathi, learned counsel for respondent No.3 who appears through video conference. Sri. R.Gunashekar, learned counsel for respondent No.5 made his appearance while the order is being dictated and his representation is noted. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Chikkamagaluru in MVC No.352/2018 dated 28.11.2019. This is a claimant's appeal. 3. Making his submission on the merits of the matter, learned counsel for the appellant submits that the appellant by doing coolie work was earning more than Rs.15,000/- p.m. by the date of accident. However, the Tribunal took the notional income as Rs.9,000/- p.m. only and awarded meager sum as compensation under the head loss of future earnings. Learned counsel states that - 4 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 the accident occurred in the year 2018 and from the relevant period even the Karnataka State Legal Services Authority is taking the notional income as Rs.12,500/- p.m. and atleast the said figure should have been considered by the Tribunal. Learned counsel also submits that the compensation that is granted by the Tribunal under all heads is also on lower side and therefore, the appeal is filed. Learned counsel ultimately seeks to grant the sum claimed as compensation by the appellant. 4. Vehemently opposing the submission thus made by learned counsel for the appellant, learned counsel for respondent No.3 contends that the Tribunal awarded exorbitant sum as compensation under each head. Learned counsel however, did not raise any objection for taking the notional income as Rs,12,500/- p.m. as pleaded by learned counsel for the appellant. 5. The Tribunal discussing about the nature of injuries sustained and the aspect of disability and also - 5 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 considering the evidence of Cw.1, took the disability in respect of whole body as 10% and awarded sum of Rs.1,84,000/- under the head loss of future earnings. However, having considered the submission that is made by the learned counsel for the appellant, this Court is of the view that the notional income is required to be taken as Rs.12,500/- p.m. On taking the notional income as Rs.12,500/- p.m. and without disturbing other parameters, the compensation which the appellant is entitled to receive under the head loss of future earnings is Rs.2,55,000/- (Rs.12,500X12X17X10%). The Tribunal awarded a sum of Rs.1,84,000/- only under the said head. Thus the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal under the head loss of future earnings is Rs.71,000/- (Rs.2,55,000-Rs.1,84,000). 6. The Tribunal awarded a sum of Rs.1,00,000/- under the head pain and suffering, Rs.20,000/- towards medical expenses, Rs.54,000/- towards loss of earnings - 6 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 during laid up period, Rs.20,000/- towards food and nourishment, Rs.10,000/- towards conveyance charges, Rs.12,000/- towards attendant charges, Rs.30,000/- towards future medical expenses and thus the Tribunal granted a sum of Rs.4,30,000/- as compensation in total. 7. Thus as rightly contended by the learned counsel for respondent No.3, the sum that is awarded by the Tribunal under all those heads is highly justifiable. Therefore, this Court is of the view that the appellant is entitled to a sum of Rs.71,000/- only in addition to the sum that is awarded by the Tribunal as compensation under all heads. 8. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, - 7 - HC-KAR NC: 2025:KHC:25396 MFA No. 3152 of 2021 Chikkamagaluru through orders in MVC No.352/2018 dated 28.11.2019 is enhanced by Rs.71,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.3 is directed to deposit the enhanced sum within a period of 8(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 NS CT:TSM List No.: 1 Sl No.: 31