- 1 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102415 OF 2014 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 102416 OF 2014 IN M.F.A.NO.102415/2014 BETWEEN: RAMALINGA S/O. LINGANNA, AGE: 26 YEARS, OCC: EX-AGRIL., R/O: KONAPURA-VILLAGE, MOLAKALMURU-TQ., PRESENTLY R/O: NEAR GANDHI NAGAR MARKET, GANDHI NAGAR, BELLARY. …APPELLANT (BY SRI. MANJUNATH G. PATIL, ADVOCATE) AND: 1. PRAKASHA S/O. LATE VEERANNA P.T., MAJOR, DRIVER OF THE LORRY R/O: BOGALARA HATTI- VILLAGE, MOLAKALMURU-TQ., CHITRADURGA DISTRICT. 2. K.S. FAYAZUDDIN S/O. M.K. SIRAJUDDIN, MAJOR, OWNER OF THE LORRY, R/O: BADA MAKAN, HORPETE, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 CHITRADURGA. 3. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BELLARY. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR R3; R1 & R2- NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, CALL FOR THE LOWER COURT RECORDS IN M.V.C.NO.214/2013 DATED 28.02.2013 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL-III AT BELLARY; ENHANCE THE COMPENSATION FROM RS.1,66,200/- TO RS.8,00,000/- IN M.V.C. NO.214/2013 DATED 28/02/2013 ON THE FILE OF MOTOR CLAIMS TRIBUNAL-IIIRD AT BELLARY IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.102416/2014 BETWEEN: SANNA MARENNA S/O. LATE GUDDADA BOMMALINGAPPA, AGE: 41 YEARS, OCC: EX-AGRIL., MOLAKALMURU-TQ., PRESENTLY R/O: NEAR GANDHI NAGAR MARKET, GANDHI NAGAR, BELLARY. …APPELLANT (BY SRI. MANJUNATH G. PATIL, ADVOCATE) AND: - 3 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 1. PRAKASHA S/O. LATE VEERANNA P.T., MAJOR, DRIVER OF THE LORRY R/O: BOGALARA HATTI- VILLAGE, MOLAKALMURU-TQ., CHITRADURGA DISTRICT. 2. K.S. FAYAZUDDIN S/O. M.K. SIRAJUDDIN, MAJOR, OWNER OF THE LORRY, R/O: BADA MAKAN, HORPETE, CHITRADURGA. 3. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, BELLARY. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR R3; R1 & R2- NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, CALL FOR THE LOWER COURT RECORDS IN M.V.C.NO.215/2013 DATED 28.02.2013 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL-III AT BELLARY; ENHANCE THE COMPENSATION FROM RS.1,59,720/- TO RS.8,00,000/- IN M.V.C. NO.215/2013 DATED 28/02/2013 ON THE FILE OF MOTOR CLAIMS TRIBUNAL-IIIRD AT BELLARY IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) While MFA No.102415/2014 is filed challenging the order that is rendered in M.V.C. No.214/2013, MFA No. 102416/2014 is filed challenging the order that is rendered in M.V.C. No.215/2013. Both the orders were rendered in common by the Motor Accident Claims Tribunal-III, Bellary (hereinafter referred to as ‘the Tribunal’ for brevity) on 28.02.2013. The claimants in both the cases are before this Court through these appeals seeking enhancement in compensation. 2. Heard Sri.Manjunath G.Patil learned counsel who represents the appellants in both the matters as well as Sri.Suresh S.Gundi learned counsel for respondent No.3 in both the appeals. 3. The common submission that is made by learned counsel for the appellants in both the appeals is that the - 5 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 appellants in both the appeals as agriculturists were earning Rs.10,000/- per month each. But the Tribunal having taken their notional income as Rs.4,500/- per month each, awarded meager sum as compensation under the heads loss of future earnings and loss of income during laid up period. Learned counsel further states that medical and incidental expenses granted is also on lower side. Learned counsel thereby seeks for enhancement in compensation. 4. Per contra, learned counsel who appears for respondent No.3 states that the appellants failed to produce any substantive proof in respect of their earnings and therefore the Tribunal took notional income as Rs.4,500/- per month. 5. In reply to the said submission, learned counsel for the appellants contends that the accident occurred in the year 2012 and for the relevant period the High Court Legal Services Committee, Dharwad is taking the notional income - 6 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 as Rs.6,500/- per month for settlement of claims and at least said figure should have been considered. 6. Having found justification in the submission thus made by the learned counsel for the appellants, this Court considers desirable to take the notional income of the appellants in both the appeals as Rs.6,500/- per month. 7. So far as the appellant in MFA No.102415/2014 is concerned, the compensation which he is entitled to receive under the head loss of future earnings on taking the notional income as Rs.6,500/- per month and without disturbing other parameters that is application of appropriate multiplier ‘18’ and disability in respect to whole body as 10% is Rs.1,40,400/- (Rs.6,500 x 12 x 18 x 10%). The Tribunal awarded a sum of Rs.97,200/- only towards loss of future earnings. Thus the appellant is entitled to receive an additional sum of Rs.43,200/- (Rs.1,40,400 – Rs.97,200) towards loss of future earnings. Having considered the fact that the appellant sustained fracture of - 7 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 right ulna, which is grievous in nature apart from other two injuries, this Court is of the view that he would not have attended his normal pursuits at least for a period of 3 months. Thus the loss of income during laid up period comes to Rs.19,500/- (Rs.6,500 X 3). The Tribunal granted a sum of Rs.9,000/- only towards loss of earnings during laid up period. Thus the enhancement will be Rs.10,500/- (Rs.19,500 – Rs.9,000). Likewise this Court is of the view that the appellant is entitled to Rs.10,000/- towards medical and incidental charges. The Tribunal granted a sum of Rs.5,000/- under the said head. Thus the enhancement would be Rs.5,000/- (Rs.10,000 – Rs.5,000). Therefore the total amount which the appellant in MFA No.102415/2014 is entitled to receive in addition to the sum that is awarded by the Tribunal as compensation is Rs.58,700/- (43,200 + 10,500 + 5,000). 8. Coming to the appellant in MFA No.102416/2014, the total compensation which he is entitled to receive under the head loss of future earnings on taking the notional - 8 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 income as Rs.6,500/- and without disturbing the other parameters that is application of appropriate multiplier ‘14’ and disability in respect to whole body as 12% is Rs.1,31,040/- (Rs.6,500 x 12 x 14 x 12%). The Tribunal granted a sum of Rs.90,720/- only under the said head. Thus the additional amount which the appellant is entitled to receive towards loss of future earnings is Rs.40,320/- (Rs.1,31,040 – Rs.90,720). So far as loss of income during laid up period is concerned, the Tribunal granted a sum of Rs.9,000/- only under the said head. However considering the fact that the appellant sustained fracture of both bones of right forearm which is grievous in nature coupled with two other simple injuries, this Court is of the view that the appellant would have taken bed rest at least for a period of 3 months. Thus, loss of income during laid up period comes to Rs.19,500/- (Rs.6,500 X 3). Thus, the amount which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal as compensation towards loss of income during laid up period is Rs.10,500/- (Rs.19,500 – - 9 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 Rs.9,000). This Court is also of the view that the appellant is entitled to a sum of Rs.10,000/- towards medical and incidental charges. The Tribunal awarded a sum of Rs.5,000/- only on the said head. Thus the enhancement will be Rs.5,000/- (Rs.10,000 – Rs.5,000). Therefore the total sum which the appellant in MFA No.102416/2014 is entitled to receive in addition to the sum that is awarded by the Tribunal as compensation is Rs.55,820/- (40,320 + 10,500 + 5,000). Therefore, both the appeals are disposed of with the following: ORDER (i) Both the appeals are allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-III, Bellary through orders in M.V.C. No.214/2013 dated 28.02.2013 is enhanced by Rs.58,700/-. (iii) The compensation that is granted by the Motor Accident Claims Tribunal-III, Bellary - 10 - HC-KAR NC: 2025:KHC-D:13840 MFA No. 102415 of 2014 C/W MFA No. 102416 of 2014 through orders in M.V.C. No.215/2013 dated 28.02.2013 is enhanced by Rs.55,820/-. (iv) The enhanced sum in both the appeals 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 470 days in both the appeals. (v) Respondent No.3 is directed to deposit the enhanced sum in both the appeals within a period of 8 weeks from the date of receipt of certified copy of this judgment. (vi) On such deposit, the appellants in both the appeals are permitted to withdraw the deposited amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH List No.: 1 Sl No.: 42