- 1 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 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. 103309 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 103311 OF 2017 IN M.F.A.NO.103309/2017 BETWEEN: SHRI. MAKABULAHAMAD S/O SAYYADBUDANSAB KOTTIGERI, AGE: 39 YEARS, OCC: GOUNDI (PLUMBER WORK), R/O: SHIVAYOGISHWARA NAGAR, MULLANAKERE-HAVERI-581110. …APPELLANT (BY SRI. B.M. PATIL, ADVOCATE) AND: 1. SHRI. MANJUNATH S/O. SUBBANNA BASTI, AGE: MAJOR, OCC: BUSINESS, R/O: VEERAPUR, TQ: HANGAL, DIST: HAVERI-581210. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 2. SHRI AMRUTARAJ S/O. BASAVANNEPPA CHAKRASALI, AGE: 34 YEARS, OCC: DRIVER, R/O: HAVANAGI, TQ: HANGAL, DIST: HAVERI-581102. …RESPONDENTS (BY SMT. P.R. BENTUR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN M.V.C. NO.209/2016 DATED 03.08.2017 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.103311/2017 BETWEEN: SHRI. MAKABULAHAMAD S/O. MAHAMADSAB VALIKAR, AGE: 39 YEARS, OCC: BUSINESS, R/O: MAKANAGALLI L.B.S MARKET, HAVERI-581110. …APPELLANT (BY SRI. B.M. PATIL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 AND: 1. SHRI. MANJUNATH S/O. SUBBANNA BASTI, AGE: MAJOR, OCC: BUSINESS, R/O: VEERAPUR, TQ: HANGAL, DIST: HAVERI-581210. 2. SHRI AMRUTARAJ S/O. BASAVANNEPPA CHAKRASALI, AGE: 34 YEARS, OCC: DRIVER, R/O: HAVANAGI, TQ: HANGAL, DIST: HAVERI-581102. …RESPONDENTS (BY SRI. P.N. HATTI, ADVOCATE FOR R1; SMT. P.R. BENTUR, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN M.V.C. NO.211/2016 DATED 03.08.2017 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, COMMON JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL COMMON JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) MFA No.103309/2017 is filed challenging the order that is rendered in M.V.C. No.209/2016. MFA No.103311/2017 is filed challenging the order that is rendered in M.V.C. No.211/2016. Both the orders were rendered by the Additional Motor Accident Claims Tribunal, Havari (hereinafter referred to as ‘the Tribunal’ for brevity) on 03.08.2017. As per the material available on record, while both the appellants were proceeding on a motorcycle bearing registration number KA-27/X-6644 on 15.07.2015, they sustained injuries when their motorcycle was hit by another motorcycle bearing registration number KA-28/J- 5899. 2. Heard Sri.B.M.Patil, learned counsel for the appellants in both the appeals as well as Miss.Priya R.Bentur, learned counsel for respondent No.2 in both the - 5 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 appeals. Though Sri.P.N.Hatti is on record representing respondent No.1 in MFA No.103311/2017, learned counsel failed to make his appearance. Sri.B.M.Patil, learned counsel for the appellants submits that both the appeals are filed seeking enhancement in compensation. 3. So far as the appellant in MFA No.103309/2017 is concerned, he sustained only two simple injuries. The Tribunal awarded a sum of Rs.20,000/- globally. This Court does not find any grounds for further enhancement. 4. Now coming to the appellant in MFA No.103311/2017, he succeeded in establishing that he sustained fracture of neck of right fumer which is grievous in nature. Learned counsel for the appellant states that the appellant as businessman was earning Rs.12,000/- per month. However no material whatsoever is produced to establish the said fact. The submission is made by learned counsel for the appellant is that the accident occurred in the year 2015 and for the relevant period the High Court Legal - 6 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 Services Committee, Dharwad Bench is taking the notional income as Rs.8,000/- per month for settlement of claims and therefore the said figure may be considered. Having found justification in the submission thus made, this Court considers desirable to take the notional income as Rs.8,000/- per month. The Tribunal for the reasons best known, deducted 1/3rd of the income towards personal and living expenses of the appellant. Such deduction is impermissible under law. Thus, taking notional income as Rs.8,000/- per month and without disturbing other parameters that is application of appropriate multiplier ‘15’ and disability in respect of whole body as 9.5%, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.1,36,800/- (Rs.8,000 x 12 x 15 x 9.5%). 5. Having considered the nature of injury sustained that is fracture of neck of right fumer, this Court is of the view that the appellant would not have attended his normal pursuits at least for a period of 3 months. Thus loss of - 7 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 earnings during laid up period comes to Rs.24,000/- (Rs.8,000 X 3). Also this Court is of the view that the appellant is entitled to a sum of Rs.15,000/- towards pain and suffering, Rs.5,000/- towards food, extra nourishment, attendant and conveyance charges and Rs.5,000/- towards loss of amenities in life. Thus, total compensation which the appellant in MFA No.103311/2017 is entitled to receive is as under: Heads Amount in Rs. Pain and suffering 15,000.00 Towards food, extra nourishment, attendant and conveyance charges 5,000.00 Loss of future earnings 1,36,800.00 Loss of income during laid up period 24,000.00 Loss of amenities in life 5,000.00 TOTAL 1,85,800.00 6. The Tribunal through the impugned order granted a sum of Rs.73,400/- only as compensation. However the justifiable sum which the appellant is entitled to receive is Rs.1,85,800/-. Therefore both the appeals are disposed of with the following: - 8 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 ORDER (i) The appeal in MFA No.103309/2017 stands dismissed. (ii) The appeal in MFA No.103311/2017 is allowed in part. (iii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Haveri through orders in MVC No.211/2016 dated 03.08.2017 is enhanced from Rs.73,400/- to Rs.1,85,800/-. (iv) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (v) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. - 9 - HC-KAR NC: 2025:KHC-D:14492 MFA No. 103309 of 2017 C/W MFA No. 103311 of 2017 (vi) On such deposit, the appellant in MFA No.103311/2017 is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 43