- 1 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100232 OF 2019 (MV-D) BETWEEN: KOKKARACHEDU BANDE GOUDA , S/O. LATE VEERANNA AGE: 59 YEARS, OCC: AGRICULTURIST, R/O. P.C. PEAPULLY, URAVAKONDA MANDALAM, ANANTHAPUR DISTRICT, NOW R/O. RUPANAGUDI VILLAGE, TQ. & DIST: BALLARI-583101. …APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. K. GOVINDAPPA S/O. K. CHANNAPPA, AGE: 26 MAJOR, OCC: DRIVER OF APSRTC NO.AP-28/Z-0868, URAVAKONDA DEPOT, R/O. MALLAPURAM-VILLAGE, VIDAPANAKAL MANDALAM, DIST: ANANTHAPUR A.P-420001. Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 2. THE REGIONAL MANAGER, APSRTC ANANTHAPUR DIVISION, ANANTHAPUR OF ANDRA PRADESH. …RESPONDENTS (BY SRI. S.S. BADAWADAGI, ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN M.V.C. NO.243/2016 DATED 15.06.2018 ON FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-V AT BALLARI; ENHANCE THE COMPENSATION FROM RS.1,25,230/- TO RS.5,00,000/- IN M.V.C. NO.243/2016 DATED 15.06.2018 ON FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-V AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Manjunatha G.Patil learned counsel for the appellant as well as Sri.S.S.Badawadagi learned counsel for respondent No.2. 2. The appellant who admittedly sustained a grievous injury in a road traffic accident that occurred in the year 2014 filed a petition claiming compensation of Rs.5,00,000/- in total. The Motor Accident Claims Tribunal- V, Ballari (hereinafter referred to as ‘the Tribunal’ for brevity) which entertained the case as M.V.C. No.243/2016 rendered orders on 15.06.2018 holding that the appellant is entitled to a sum of Rs.1,25,230/- as compensation. With a contention that he is entitled to a higher sum, the present appeal is filed. - 4 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 3. Making his submission on the merits of the matter, learned counsel for the appellant states that the appellant sustained a grievous injury in the road traffic accident. He produced sufficient evidence to show that the disability is 50%. The appellant underwent a surgery during the course of treatment. Without considering these aspects, the Tribunal awarded very meager sum as compensation and therefore the present appeal is filed. Learned counsel further submits that the accident occurred in the year 2014 and for the relevant period, even the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.7,500/- per month for settlement of claims. But the Tribunal took the notional income as Rs.6,000/- per month unjustifiably. Learned counsel thereby seeks for enhancement in compensation. 4. Though learned counsel for respondent No.2 states that the compensation that is granted is just and reasonable, did not raise any serious objection for taking the notional income as Rs.7,500/- per month. - 5 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 5. It is not in dispute that the appellant sustained fracture of right upper 1/3rd of tibia which is grievous in nature. Equally it is not in dispute that the appellant underwent a surgery during the course of treatment. The Tribunal taking into consideration the totality of evidence produced, took disability in respect of whole body as 10% which needs no interference. Perceiving justification in the contention of learned counsel for the appellant that the notional income is required to be taken as Rs.7,500/- per month and without disturbing other parameters that is the multiplier to be applied as ‘11’ and disability in respect of whole body as 10%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.99,000/- (Rs.7,500 x 12 x 11 x 10%). 6. In the light of the nature of injury sustained and the treatment undergone including surgery, 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 earnings during laid up period comes to Rs.22,500/- (Rs.7,500 X 3). - 6 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 7. In the light of the evidence produced and the discussion that went on supra, this Court holds that the appellant is entitled to compensation under the following heads: Heads Amount in Rs. Towards pain and suffering 20,000.00 Towards food, extra nourishment, attendant and conveyance charges 10,000.00 Towards medical expenses 26,030.00 Towards loss of future earnings 99,000.00 Towards loss of income during laid up period 22,500.00 Towards loss of amenities 10,000.00 TOTAL 1,87,530.00 8. The Tribunal through the impugned award granted a sum of Rs.1,25,230/- only as compensation. However the justifiable sum which the appellant is entitled to receive as compensation is Rs.1,87,530/-. - 7 - HC-KAR NC: 2025:KHC-D:13982 MFA No. 100232 of 2019 9. Therefore, 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-V, Ballari through orders in M.V.C. No.243/2016 dated 15.06.2018 is enhanced from Rs.1,25,230/- to Rs.1,87,530/-. (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.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:13982 MFA No. 100232 of 2019 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 37