- 1 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 106394 OF 2024 (MV-I) BETWEEN: SMT. PARVATHI W/O. MASTHAN, AGED ABOUT 56 YEARS, OCC: COOLIE, R/O. #53, W.NO.33, OLD DHARWAD ROAD, BEHIND KURUBARA HOSTEL, DEVI NAGAR, BALLARI-583101. …APPELLANT (BY SRI. AKASH, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. RAMANJINEYALU A. S/O. NARAYANA A., AGED ABOUT 40 YEARS, RIDER CUM OWNER OF THE HERO SPLENDOR PRO SELF MAG WHEEL MOTORCYCLE BEARING REG NO.KA-34/EB-7813, R/O. H.NO.162, NEAR KARKANA MASJID, SIVALINGA NAGAR, BALLARI-583 101. 2. THE BRANCH MANAGER, M/S NATIONAL INSURANCE COMPANY LIMITED, PARVATHI NAGAR, MAIN ROAD, BALLARI-583 101, BEARING POLICY NO.610700312210003594 VALID FROM 03-08-2022 TO 02-08-2023. …RESPONDENTS (BY SRI. S.C. BHUTI, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 24.09.2024 PASSED BY MOTOR ACCIDENT CLAIM TRIBUNAL NO-V AND I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN MVC NO.993/2022 BY ENHANCING THE COMPENSATION TO RS.14,99,000/- THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri.Akash, who represents Sri.Y. Lakshmikant Reddy, learned counsel on record for the appellant as well as Sri.S. C. Bhuti, learned counsel for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal- V, Ballari, through orders in MVC No.993/2022 dated 24.09.2024, the present appeal is filed by the claimant therein. - 3 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained one simple injury and one grievous injury due to the accident. She took treatment for the said injuries, but she is left with disability of 22% in respect of the whole body. However, the Tribunal took the disability as 7% in respect of the whole body. Learned counsel states that the appellant as a coolie was earning Rs.600/- per day, but the Tribunal took the notional income as Rs.8,000/- only per month. Learned counsel states that the Tribunal having taken the percentage of disability in respect of the whole body and the notional income thus, has awarded very meagre sum as compensation towards ‘loss of future earnings’ and towards ‘loss of income during the laid-up period’. Learned counsel further submits that the compensation granted by the Tribunal under all other heads also requires enhancement. Learned counsel contends that the accident occurred in the year 2022 - 4 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 and for the relevant period, the High Court Legal Services Committee, Dharwad, is taking the notional income as Rs.14,750/- per month and at least the said figure should have been considered by the Tribunal. 4. The submission that is made by learned counsel for respondent No.2, on the other hand, is that the appellant sustained only one grevious injury and thus the Tribunal took the disability in respect of the whole body as 7%, which requires no interference. 5. It is not in dispute that the appellant sustained multiple abrasions over the face and a grievous injury to the right leg. Subjecting the evidence of PW2 to scrutiny, the Tribunal has rightly come to the conclusion that the disability in respect of the whole body can be taken as 7%. However, basing on the submission made by learned counsel for the appellant, this Court considers desirable to take the notional income of the appellant as Rs.14,750/- per month. - 5 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 6. Thus, taking the notional income of the appellant as Rs.14,750/- per month, applying the appropriate multiplier of 11 and disability in respect of the whole body as 7%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ comes to Rs.1,36,290/- (Rs.14,750 × 12 × 11 × 7%). 7. Further, having considered the fact that the appellant took treatment as inpatient for a period of 17 days and that she sustained grievous injury, this Court is of the view that the appellant could not have attended to her normal pursuits at least for a period of 3 months. Thus, ‘loss of earnings during the laid-up period’ comes to Rs.44,250/- (Rs.14,750 × 3). 8. Also, subjecting the entire material brought on record to scrutiny, this Court is of the view that the compensation which the appellant is entitled to receive is as under: - 6 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 Head of Compensation Amount (Rs.) Pain and suffering 25,000.00 Towards food, extra nourishment, attendant and conveyance charges 20,000.00 Medical expenses 4,229.00 Loss of future earnings 1,36,290.00 Loss of income during laid-up period 44,250.00 Loss of amenities in life 15,000.00 Total 2,44,769.00 9. Thus, the above discussion makes it clear that the justifiable sum which the appellant is entitled to receive as compensation is Rs.2,44,769/-. Therefore, the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal-V, Ballari, through orders in MVC No.993/2022 dated 24.09.2024 is enhanced from Rs.1,18,589/- to Rs.2,44,769/-. - 7 - HC-KAR NC: 2025:KHC-D:15528 MFA No. 106394 of 2024 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 judgment. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 34