- 1 - HC-KAR NC: 2025:KHC-D:16119 MFA No. 100805 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100805 OF 2022 (MV-I) BETWEEN: SHESHAPPA S/O. BHIMAPPA GOPALI, AGE: 23 YEARS, OCC: AGRICULTURE & MASONRY, (NIL) R/O. JEEVAPUR, TAL: SAUNDATTI, NOW RESIDING AT RAMPAPUR SITE, SAUNDATTI, BELAGAVI. &APPELLANT (BY SRI. SRINIVAS NADAMANI, ADVOCATE FOR SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE) AND: 1. CHANDRASHEKAR S/O. GOUDAPPA LAMANI, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO.46, PARVATI NAGAR, BELAGAVI. 2. THE DIVISIONAL MANAGER, THE RELIANCE GENERAL INSURANCE COMPANY LTD., MAHADEV PLAZA CTS NO.10719 SY. NO.135/A, NEAR KOLHAPUR CIRCLE, NEHRU NAGAR, BELAGAVI-590018. &RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO ALLOW THE APPEAL BY ENHANCING THE COMPENSATION AMOUNT BY MODIFYING THE JUDGMENT AND AWARD DATED 05.10.2020 IN M.V.C. NO.1798/2018 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16119 MFA No. 100805 of 2022 AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SAUNDATTI ALLOWING THE APPEAL IN ITS ENTIRETY WITH 9% INTEREST IN THE ENDS OF JUSTICE AND EQUITY. 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 Sri.Srinivas who represents Sri.Manjunath A.Karigannavar, learned counsel on record for the appellant as well as Sri.Nagaraj C.Kolloori, learned counsel for respondent No.2. 2. The claimant in M.V.C.No.1798/2018 that stood pending before the Additional Motor Accident Claims Tribunal, Saundatti (hereinafter referred to as 8the Tribunal9 for brevity) and was disposed through order dated 05.10.2020 has preferred the present appeal. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic - 3 - HC-KAR NC: 2025:KHC-D:16119 MFA No. 100805 of 2022 accident and he took treatment for the said injuries. The appellant by all the evidence produced established that he sustained grievous injuries and took treatment for considerable period. The appellant incurred huge sum for his treatment, towards attendant charges and conveyance charges. Further, the appellant was unable to attend his normal pursuits for long period. But the Tribunal did not award any compensation towards loss of income during laid up period. Also the amount granted as compensation under conventional heads is grossly low. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, learned counsel for respondent No.2 submits that the Tribunal took the income of the appellant as Rs.10,000/- per month without there being any proof to that effect. Learned counsel states that the accident occurred in the year 2016 and for the relevant period, even the High Court Legal Services Committee, Dharwad is taking notional income as Rs.8,750/- per month only. Learned counsel states that exorbitant amount is - 4 - HC-KAR NC: 2025:KHC-D:16119 MFA No. 100805 of 2022 awarded as compensation towards loss of future earnings. Learned counsel thereby seeks for dismissal of the appeal basing on the merits of the case. 5. It is not in dispute that the appellant sustained fracture of tibial condyle right and fracture of glenoid of right shoulder. Having considered the totality of evidence produced, the Tribunal rightly assessed the disability in respect of whole body as 12%. As per the version of the appellant, as Mason, he was earning Rs.16,000/- per month. Thus award of Rs.2,59,200/- towards loss of future earnings cannot be held to be exorbitant. Undoubtedly, appellant could not have attended his normal pursuits at least for a period of 4 months. For the said period, the appellant is certainly entitled to compensation for the loss he sustained in his earnings. Also, this Court is of the view that the compensation granted for food, extra nourishment, conveyance and attendant charges that is Rs.10,000/- is on lower side. Therefore, having considered these factors and the totality of evidence produced, this Court is of the view - 5 - HC-KAR NC: 2025:KHC-D:16119 MFA No. 100805 of 2022 that the appellant is entitled to an additional sum of Rs.40,000/- as compensation. 6. 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, Saundatti through orders in M.V.C. No.1798/2018 dated 05.10.2020 is enhanced by Rs.40,000/-. (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 eight - 6 - HC-KAR NC: 2025:KHC-D:16119 MFA No. 100805 of 2022 weeks from the date of receipt of certified copy of this judgment. (v) On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 17