- 1 - HC-KAR NC: 2025:KHC-D:14422 MFA No. 104213 of 2016 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.104213 OF 2016 (MV-I) BETWEEN: SMT. LAXMI W/O. GURUBASAYYA YENAGIMATH, AGE: 45 YEARS, OCC: TAILORING, R/O. H.NO.887, BAILUR GALLI, BAILHONGAL, DISTRICT: BELAGAVI-590001. …APPELLANT (BY SRI. VIJAYAKUMAR K. KOTIN, ADVOCATE) AND: 1. GURUBASAYYA S/O. SHANKARAYYA YENAGIMATH, AGE: MAJOR, OCC: AGRICULTURE, R/O. HIREKOPPA, TQ: SAUNDATTI, DISTRICT: BELAGAVI-590001. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., RAMDEV GALLI, BELAGAVI-590001. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 3/7/2015 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ADDITIONAL MACT, BAILHONGAL IN M.V.C.NO.1444/2013, ENHANCING THE COMPENSATION AS CLAIMED IN THE APPEAL MEMO, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14422 MFA No. 104213 of 2016 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Vijayakumar K. Kotin learned counsel for the appellant as well as Sri Suresh S. Gundi learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Bailhongal in MVC 1444 of 2013 dated 03.07.2015. This is a claimant's appeal. 3. The appellant, projecting that she sustained grievous injuries in a road traffic accident that occurred in the year 2013, filed a petition claiming compensation of Rs.10,00,000/-. The tribunal through the impugned award granted a sum of Rs.4,72,600/- as compensation. The version of the appellant is that she is entitled to a higher sum. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained three - 3 - HC-KAR NC: 2025:KHC-D:14422 MFA No. 104213 of 2016 grievous injuries in the road traffic accident. The appellant as a tailor was earning Rs.10,000/- per month and was maintaining her family. But due to shortening of one of the lower limbs, she is unable to attend her work as a tailor. Learned counsel submits that without considering the earnings of the appellant, the tribunal took the notional income of the appellant as Rs.6,000/- per month which is unjustifiable. Learned counsel states that the accident occurred in the year 2013 and for the relevant period even the High Court Legal Services Committee, Dharwad Bench is taking a notional income as Rs.7,000/- per month and at least said figure should have been considered. Learned counsel also contends that the compensation granted under all other heads is also on lower side. 5. Learned counsel for respondent No.2 on the other hand states that the tribunal having considered the evidence produced awarded justifiable sum as compensation and therefore the award needs no interference. - 4 - HC-KAR NC: 2025:KHC-D:14422 MFA No. 104213 of 2016 6. It is not in dispute that the appellant sustained comminuted intertrochantric fracture of left hip, fracture of radial styloid left wrist and fracture of lower four teeth with alveolus apart from other simple injuries. It is also not in dispute that the appellant took treatment as inpatient for 13 days and during the course of treatment she also underwent a surgery. 7. Considering the evidence produced, more particularly the evidence of PW2, the tribunal took the disability in respect of whole body as 20% which needs no interference. So far as the earnings are concerned, as submitted by learned counsel for the appellant, this Court considers desirable to take the notional income as Rs.7,000/- per month. Having taken the notional income Rs.7,000/- per month and without disturbing the other parameters i.e. application of appropriate multiplier ‘14’ and the disability in respect of whole body as 20%, the compensation which the appellant is entitled to receive towards the ‘loss of future earnings’ is Rs.2,35,200/- - 5 - HC-KAR NC: 2025:KHC-D:14422 MFA No. 104213 of 2016 (7,000x12x14x20%). The tribunal awarded a sum of Rs.2,01,600/- only under the said head. Thus the enhancement will be Rs.33,600/- (Rs.2,35,200/- minus Rs.2,01,600/-. 8. Having considered the nature of injuries sustained and the treatment taken, this Court is of the view that the appellant could not have attended her normal pursuits at least for a period of 6 months. Thus, loss of earnings during the laid up period comes to Rs.42,000/- (Rs.7,000x6). But the tribunal awarded a sum of Rs.36,000/- only under the head ‘loss of income during laid up period’. Thus the enhancement will be Rs.6,000/- (Rs.42,000/- minus Rs.36,000/-). The compensation that is granted by the tribunal under all other heads is justifiable and therefore the total sum which the appellant is entitled to receive in addition to the sum that is awarded as compensation by the tribunal is Rs.39,600/- (Rs.33,600/- plus Rs.6,000/-). Therefore the appeal is disposed of with the following: - 6 - HC-KAR NC: 2025:KHC-D:14422 MFA No. 104213 of 2016 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Bailhongal through orders in MVC 1444 of 2013 dated 03.07.2015 is enhanced by Rs.39,600/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 443 days as per order in I.A.No.1/2016. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 13