- 1 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 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. 101653 OF 2020 (MV-I) BETWEEN: SRI. RUSHAB S/O. LALIT JAIN, AGE: 23 YEARS, OCC: BUSINESS, NOW NIL R/O. SANGAVI CHOWL, OPP. JAIN TEMPLE, NEAR RAILWAY STATION, RANEBENNUR, DIST: HAVERI-581115. …APPELLANT (BY SRI. G.S. HULMANI, ADVOCATE) AND: 1. SRI. LALITHKUMAR S/O. RATANCHAND JAIN, AGE: MAJOR, OCC : BUSINESS, R/O GOUTAM TEXTILE, M.G. ROAD, RANEBENNUR, DIST: HAVERI-581115. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580023. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE III ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C. NO.256/2018 DATED 30TH APRIL 2019 AND GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 ENHANCE THE COMPENSATION AS PRAYED FOR AND COST OF THE APPEAL AND ETC., THIS APPEAL COMING ON FOR ORDERS 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) Heard Sri.G.S.Hulmani, learned counsel for the appellant as well as Sri.Suresh S.Gundi, learned counsel for respondent No.2. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.256/2018 dated 30.04.2019. This is a claimant's appeal. 3. On the ground that he sustained a grievous injury in a road traffic accident that occurred in the year 2015, the appellant filed a petition claiming compensation - 3 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 of Rs.11,40,000/- in total. The Tribunal through the impugned award granted a sum of Rs.2,92,300/- as compensation. The contention of the appellant is that he is entitled to a higher sum. 4. Making his submission in respect of the merits of the case, learned counsel for the appellant contends that the appellant sustained fracture of right humerus which is grievous in nature. He took treatment as inpatient and during the course of treatment he underwent a surgery also. The appellant as a businessman was earning Rs.20,000/- per month by the date of accident. But without considering the occupation and earnings of the appellant, the Tribunal took the notional income of the appellant as Rs.7,000/- per month which is improper. Learned counsel states that the accident occurred in the year 2015 and for the relevant period even the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.8,000/- per month for settlement of claims and at least said figure ought to have been adopted by the Tribunal. - 4 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 Learned counsel also submits that the compensation granted under all heads is on lower side. Learned counsel ultimately seeks for enhancement in compensation. 5. Though learned counsel for respondent No.2 did not raise any serious objection for taking the notional income as Rs.8,000/- per month as pleaded by learned counsel for the appellant, yet learned counsel states that the Tribunal has awarded just sum as compensation and thus the appeal is not maintainable. 6. Though the appellant contended that as a businessman he was earning Rs.20,000/- per month, no material is brought on record to establish nature of business he was doing as on the date of accident. Therefore, this Court considers desirable to take the notional income of the appellant as Rs.8,000/- per month. Having taken the notional income as Rs.8,000/- per month and without disturbing other parameters that is the percentage of disability as 11.66% in respect of whole body and the - 5 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 appropriate multiplier to be applied as ‘18’, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.2,01,484.8/- rounded to Rs.2,01,485/- (Rs.8,000 x 12 x 18 x 11.66%). The Tribunal awarded a sum of Rs.1,76,292/- only towards loss of future earnings. Thus the appellant is entitled to receive a sum of Rs.25,193/- in excess towards loss of future earnings (2,01,485 – 1,76,292). 7. It is not in dispute that the appellant sustained fracture of right humerus. Having considered the nature of injury sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of 3 months. Therefore loss of earnings during laid up period comes to Rs.24,000/- (Rs.8,000 X 3). However the Tribunal awarded a sum of Rs.8,000/- only under the said head. Thus the additional sum which the appellant is entitled to receive towards loss of income during laid up period is Rs.16,000/- (24,000 - 8,000). This Court is of the view that the appellant is entitled to receive a sum of Rs.10,000/- - 6 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 towards attendant charges. The amount that is granted by the Tribunal is Rs.6,000/- only under the said head. Thus the enhancement will be Rs.4,000/- (10,000 - 6,000). 8. Likewise this Court is of the view that the appellant is entitled to a sum of Rs.10,000/- towards food and extra nourishment. However, the Tribunal granted a sum of Rs.5,000/- only under the said head. Thus the enhancement will be Rs.5,000/- (10,000 - 5,000). In the same manner this Court is of the view that the appellant is entitled to a sum of Rs.10,000/- towards loss of amenities in life. However, the Tribunal granted a sum of Rs.5,000/- only under the said head. Thus the enhancement will be Rs.5,000/- (10,000 - 5,000). Therefore the total sum which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is Rs.55,193/- (25,193 + 16,000 + 4,000 + 5,000 + 5,000). Thus the appeal is disposed of with the following: - 7 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in M.V.C. No.256/2018 dated 30.04.2019 is enhanced by Rs.55,193/-. (iii) The enhanced sum 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 219 days as per orders in I.A. No.1/2020. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. - 8 - HC-KAR NC: 2025:KHC-D:13790 MFA No. 101653 of 2020 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH List No.: 1 Sl No.: 11