- 1 - NC: 2025:KHC:6363 MFA No. 8366 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8366 OF 2013(MV-I) BETWEEN: AYAZ, S/O ISMAIL, AGED ABOUT 20 YEARS, R/O ADARSHA NAGARA HOUSE, 34-NEKKILADY VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201. …APPELLANT (BY SRI. VISHWANATHA POOJARY K., ADVOCATE) AND: 1. UMMAR K. A., S/O ABDUL RAHIMAN, AGED ABOUT 47 YEARS, R/AT KEMMINJE POST, DARBE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574 201. 2. THE MANAGER, UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, CITY PALZA, OPP CITY HOSPITAL, MANGALORE, DAKSHINA KANNADA DISTRICT-575 003. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O. DATED 04.11.2024) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6363 MFA No. 8366 of 2013 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 1.1.2013 PASSED IN MVC NO.780/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Vishwanatha Poojary, learned counsel for the appellant as well as Sri.Ravi S. Samprathi, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Puttur, in MVC No.780/2011 dated 01.01.2013. This is a claimant's appeal. 3. Making his submission with regard to merits of the matter, learned counsel for the appellant contends that as against the claim for Rs.6,00,000/-, the Tribunal awarded a meager sum of Rs.1,16,300/- as compensation. Learned counsel submits that the Tribunal erroneously took the notional income of the appellant as Rs.3,000/- per month, though he - 3 - NC: 2025:KHC:6363 MFA No. 8366 of 2013 was earning Rs.4,500/- per month by the date of accident. Learned counsel contends that the compensation granted by the Tribunal under all heads including loss of future earnings is on lower side. Learned counsel thereby seeks the Court to enhance the compensation to the extent claimed. 4. The submission that is made by the learned counsel for respondent No.2 is that the Tribunal subjecting the entire evidence to scrutiny has granted just compensation, however there may be a marginal enhancement in the light of the submission made by learned counsel for the appellant. 5. By all the evidence produced the appellant succeeded in establishing that he sustained fracture of shaft of right femur and fracture of left clavicle. The appellant also established that he took treatment as inpatient for a period of 20 days and also underwent a surgery. The Tribunal having taken the notional income of the appellant as Rs.3,000/- per month and permanent disability in respect of whole body as 2.5%, awarded a sum of R.16,200/- as compensation towards loss of future earnings. The Tribunal also awarded a sum of Rs.6,000/- towards loss of income during laid up period. The - 4 - NC: 2025:KHC:6363 MFA No. 8366 of 2013 Tribunal awarded a sum of Rs.3,200/- towards food, nutrition and diet. As rightly contended, the compensation awarded under these heads is grossly low. Having considered the nature of injuries sustained, the treatment taken, the surgery underwent and further basing on the evidence of PW2 who deposed that the disability is 10% in respect of right lower limb and as appellant also sustained fracture of left clavicle, this Court is of the view that the compensation granted by the Tribunal is required to be enhanced globally by Rs.75,000/-. 6. 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, Puttur, through orders in MVC No.780/2011 dated 01.01.2013 is enhanced by Rs.75,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 5 - NC: 2025:KHC:6363 MFA No. 8366 of 2013 (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of copy of this order. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 66