- 1 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.103861 OF 2016 (MV-I) BETWEEN: V. RAMESH S/O. V. VENKATESH, AGED ABOUT 24 YEARS, CLEANER IN LORRY BEARING REGN, NO.KA-34/A-8834, R/O: DEVASAMUDRA VILLAGE IN MOLAKALMURU TALUKA OF CHITRADURGA DISTRICT, NOW RESIDING AT HUSSAIN NAGAR, BALLARI-583103. …APPELLANT (BY Ms. SOUBHAGYA VAKKUND, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. T. THIPPESWAMY S/O. THIPPANNA, AGED ABOUT 34 YEARS, DRIVER OF THE LORRY BEARING REGN.NO.KA-34/A-8834, R/O: RAMPURA VILLAGE, Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 MOLAKALMURU TALUKA OF CHITRADURGA DISTRICT. 2. P.S. PARAMESHWARAPPA S/O. SANNA YALLAPPA, AGED ABOUT 44 YEARS, OWNER OF THE LORRY BEARING REGN., NO.KA-34/A-8834, R/O: C/O: G.T. YERRISWAMY, H.NO.142/C, KUVEMPU NAGAR, BALLARI-583103. 3. THE BRANCH MANAGER, M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, NO.186/7, RAGHAVENDRA PLAZA, GROUND FLOOR, WILSON GARDEN, 1ST CROSS, HOSUR MAIN ROAD, BENGALURU. …RESPONDENTS (BY SRI S.C. BHUTI, ADVOCATE FOR R1 & R2; SRI G.N. RAICHUR, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 02.09.2016 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI IN M.V.C. NO.1217/2014, BY ENHANCING THE COMPENSATION TO 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 HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Ms. Saubhagya, who appears through Video Conference and represents Sri Y.Lakshmikant Reddy, learned counsel on record for the appellant. Also heard Sri S.C.Bhuti, who appears physically before this Court and represents respondents 1 and 2. Heard Sri G.N.Raichur, who appears through Video Conference and represents respondent No.3. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal-XII, Ballari through orders in MVC 1217 of 2014 dated 02.09.2016, the present appeal is filed by the claimant therein. 3. As against the claim, for Rs.12,50,000/- in total, the tribunal through the impugned award granted a sum of Rs.1,35,000/- in total as compensation. 4. Before adverting to the merits of the matter, this Court considers desirable to express its observation that the tribunal without giving specific and concrete findings regarding the amount which the appellant is entitled to in the light of the - 4 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 injury sustained by him, passed an award granting Rs.1,35,000/- as compensation. 5. Learned counsel for the appellant contends that the appellant as a cleaner to a lorry was earning Rs.8,000/- per month as on the date of accident. However as rightly submitted by learned counsel for respondents no evidence is produced to that effect. Yet considering the submission that is made by learned counsel for the appellant regarding the notional income to be taken, this Court considers desirable to take the notional income of the appellant as Rs.7,000/- per month by the date of accident which figure is considered by the High Court Legal Services Committee, Dharwad Bench for settlement of the claims for the relevant period i.e. for the 2013. 6. It is not in dispute that the appellant sustained fracture of pelvis right side and the said injury resulted in disability of 15% in respect of the particular limb. Therefore this Court is of the view that the disability in respect of whole body is required to be taken as 5%. - 5 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 7. By all the evidence produced, the appellant succeeded in establishing that he was around 22 years as on the date of accident. Therefore the appropriate multiplier to be applied is ‘18’ as per the judgment of the Hon’ble Apex Court in the case of Sarla Verma and others vs. Delhi Transport Corporation and another1. Thus taking the notional income as Rs.7,000/- per month, applying appropriate multiplier ‘18’ and the disability in respect of whole body as 5%, the compensation which the appellant is entitled to under the head the ‘loss of future earnings’ is Rs.75,600/- (7,000 x 12 x 18 x 5%). 8. By all the evidence produced, the appellant succeeded in establishing that he took treatment as in patient from 10.10.2013 to 29.10.2013. Having considered the nature of injury sustained, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 3 months. Thus ‘loss of earnings during laid up period’ comes to Rs.21,000/- (Rs.7,000 x 3). The 1 (2009) 6 SCC 121 - 6 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 compensation that is granted by the tribunal towards ‘pain and suffering’ i.e. Rs.25,000/- and Rs.50,000/- towards ‘medical expenses and attendant charges’ need no interference. However the appellant is entitled to a sum of Rs.5,000/- towards ‘food, extra nourishment and conveyance charges’. Thus the compensation which the appellant is entitled to under each head is as under: Heads Amount in Rs. Towards pain and suffering 25,000.00 Medical expenses and attendant charges 50,000.00 Towards food, extra nourishment and conveyance charges 5,000.00 Towards Loss of future earnings 75,600.00 Towards loss of income during laid up period 21,000.00 Total 1,76,600.00 9. Therefore it is clear that the appellant is entitled to a sum of Rs.1,76,600/- towards compensation. Hence the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal–XII, Ballari through - 7 - HC-KAR NC: 2025:KHC-D:14104 MFA No. 103861 of 2016 orders in MVC 1217 of 2014 dated 02.09.2016 is enhanced from Rs.1,35,000/- to Rs.1,76,600/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.3 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.: 38