- 1 - HC-KAR NC: 2025:KHC-D:14471 MFA No. 100589 of 2015 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. 100589 OF 2015 (MV) BETWEEN: MAHENDRA S/O. ASHOKSA LADWA, AGE: 27 YEARS, OCC: NIL, R/O. KOULPETH, KUMBAR ONI, HUBBALLI. …APPELLANT (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR SRI. DINESH M. KULKARNI, ADVOCATE) AND: THE MANAGING DIRECTOR, M/S. KADAMBA TRANSPORT CORPORATION LIMITED, PARAISO-DEFENDANT - TOA, ALTO PORVORIM, BARDEZ-GOA-403521. …RESPONDENT (BY SRI. MANOHAR V. NAYAK, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.12.2014 PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HUBBALLI, IN M.V.C. NO.778/2012 AND ENHANCE THE COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14471 MFA No. 100589 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. The claimant in MVC No.778/2012, which stood pending before the Additional Motor Accident Claims Tribunal, Hubli and was disposed of through the order dated 04.12.2014, has filed the present appeal seeking enhancement in compensation. 2. The matter was heard on the appellant’s side on 27.10.2025. There was no representation on the respondent’s side on the said day. To give fair opportunity to the respondent to make his submission, the matter was adjourned. However, even on this day, there is no representation on respondent’s side on call. 3. Learned counsel for the appellant submitted that the appellant sustained fracture of the occipital bone and took treatment as an inpatient for 22 days. The appellant, as an electrician, was earning Rs.8,000/- - 3 - HC-KAR NC: 2025:KHC-D:14471 MFA No. 100589 of 2015 per month as on the date of accident. The appellant produced sufficient proof in respect of the disability he has been left with. However, the Tribunal, without considering the evidence produced, awarded very meagre sum as compensation under all heads and therefore, the present appeal is filed. 4. Learned counsel also submitted that the accident occurred in the year 2010, and for the relevant period, the High Court Legal Services Committee, Dharwad, is taking the notional income as Rs.5,500/- per month for settlement of claims, and at least the said figure should have been considered by the Tribunal. 5. Having found justification in the submission that is made by learned counsel for the appellant regarding the notional income to be taken, this Court considers it desirable to take the notional income as Rs.5,500/- per month. Having taken the notional income as Rs.5,500/- per month, and without disturbing the - 4 - HC-KAR NC: 2025:KHC-D:14471 MFA No. 100589 of 2015 other parameters, i.e., the application of appropriate multiplier 18 and the disability in respect of the whole body as 8%, the compensation which the appellant is entitled to receive under the head ‘loss of future earnings’ is Rs.95,040/- (Rs. 5,500 × 12 × 18 × 8%). 6. The medical expenditure to the extent established by the appellant is Rs.69,073/-. Therefore, this Court is of the view that the said sum is required to be awarded towards medical expenditure, though the claim of the appellant towards medical expenses is Rs.4,15,000/-. 7. Having considered the fact that the appellant sustained grievous injury, i.e., fracture to the occipital bone, and took treatment as an inpatient for a period of 22 days, this Court is of the view that the appellant could not have attended to his normal pursuits for at least a period of four months. Therefore, ‘loss of - 5 - HC-KAR NC: 2025:KHC-D:14471 MFA No. 100589 of 2015 earnings during laid up period’ comes to Rs.22,000/- (Rs.5,500 × 4). 8. Having considered the totality of evidence produced, and in the light of the discussion that went on supra, this Court is of the view that the compensation which the appellant is entitled to receive under each head is as follows: Head of Compensation Amount (Rs.) Pain and suffering 20,000.00 Food, nourishment, conveyance, and attendant charges 10,000.00 Loss of future earnings 95,040.00 Loss of income during laid-up period 22,000.00 Medical expenses 69,073.00 Future medical expenses 5,000.00 Loss of amenities 5,000.00 Total 2,26,113.00 9. Therefore, it is clear that the appellant is entitled to a sum of Rs.2,26,113/- as compensation. Thus, the appeal is disposed of with the following order: - 6 - HC-KAR NC: 2025:KHC-D:14471 MFA No. 100589 of 2015 ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Hubli, through orders in MVC No.778/2012 dated 04.12.2014 is enhanced from Rs.1,66,760/- to Rs.2,26,113/-. 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. The respondent 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.: 30