- 1 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.101981 OF 2020 (MV-I) BETWEEN: SMT. POOJA W/O. KUMAR SHAPURKAR, AGE: 21 YEARS, OCC: COMPUTER OPERATOR/HOUSEWIFE (NOW NIL) R/O. H.NO.84, KANAKDAS NAGAR, SHINDOLLI, TQ & DIST: BELAGAVI-591 124. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: THE DIVISIONAL MANAGER, NWKSRTC, BELAGAVI DIVISION, BELAGAVI-590 001, (OWNER OF KSRTC BUS BEARING NO.KA 25/F-2996) …RESPONDENT (BY SRI. I.C. PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 18.02.2020 PASSED BY IN THE COURT OF X ADDITIONAL DISTRICT JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC NO.01/2019 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:38 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 THIS APPEAL COMING ON FOR ADMISSION 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 Miss.Geeta K.M., learned counsel for the appellant as well as Sri.I.C.Patil, learned counsel for the respondent. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Belagavi (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.1/2019 dated 18.02.2020. This is a claimant's appeal. 3. On the ground that she sustained grievous injuries in a road traffic accident that occurred in the year 2018, the appellant filed a petition claiming compensation. The Tribunal through the impugned order awarded a sum of - 3 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 Rs.2,06,149/- as compensation. The version of the appellant is that she is entitled to a higher sum. 4. Miss.Geetha K.M., arguing the matter representing the appellant states that the appellant sustained grievous injuries and became completely and permanently disabled. Learned counsel states that the appellant by working as Computer Operator and by taking computer classes was earning Rs.15,000/- per month as on the date of accident. However, the Tribunal took notional income of the appellant as Rs.10,000/- per month only unjustifiably. Learned counsel states that the accident occurred in the year 2018 and for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.11,750/- per month and at least said figure should have been considered by the Tribunal. Learned counsel further submits that the disability assessed by the Tribunal is also on lower side. Learned counsel thereby seeks for enhancement in compensation. - 4 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 5. On the other hand, Sri.I.C.Patil, learned counsel for the respondent states that no evidence whatsoever was produced by the appellant to establish her occupation and earnings as on the date of accident. Learned counsel states that the Tribunal considering the totality of evidence produced awarded justifiable sum as compensation and therefore, the award needs no interference. 6. It is not in dispute that the appellant sustained multiple fractures of vertebral bones. Also it is not in dispute that PW-2 assessed the disability in respect of right hip joint as 10% and in respect of lumbo sacral spine as 30%. The Tribunal took the functional disability in respect of whole body as 4%. Taking into consideration the nature of injuries sustained that too to the vital parts of the body and the evidence of PW-2, this Court is of the view that the disability in respect of whole body is required to be taken as 8%. - 5 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 7. Considering the submission that is made by learned counsel for the appellant, this Court also considers desirable to take the notional income of the appellant as Rs.11,750/- per month. Thus, taking the notional income as Rs.11,750/- per month, the disability in respect of whole body as 8% and applying the appropriate multiplier ‘18’, the compensation which the appellant is entitled to receive under the head ‘loss of future earnings’ is Rs.2,03,040/- (Rs.11,750 x 12 x 18 x 8%). The Tribunal granted a sum of Rs.86,400/- only towards loss of future earnings. Thus the enhancement under the said head will be Rs.1,16,640/- (Rs.2,03,040 – Rs.86,400). 8. Having considered the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of 4 months. However, the Tribunal did not award any compensation separately towards loss of income during laid up period. A sum of Rs.15,000/- is awarded towards food, transportation and attendant charges including loss of income. However - 6 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 this Court is of the view that the appellant is entitled to a sum of Rs.47,000/- towards loss of income during laid up period that is for a period of 4 months (Rs.11,750 x 4). Thus, the total amount which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal as compensation is Rs.1,63,640/- (Rs.1,16,640 + Rs.47,000). 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 Additional Motor Accident Claims Tribunal, Belagavi through orders in M.V.C. No.1/2019 dated 18.02.2020 is enhanced by Rs.1,63,640/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 7 - HC-KAR NC: 2025:KHC-D:14306 MFA No. 101981 of 2020 (iv) The respondent 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 RH CT-MCK List No.: 1 Sl No.: 40