- 1 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102745 OF 2014 (MV) BETWEEN: HABIBULA S/O. ABDULRAHIMAN DODDAMANI, AGE: 26 YEARS, OCC: CLOTH MERCHANT, R/O. BOMBAY CHAWAL, DANDELI, TQ: HALIYAL, DIST: UTTARA KANNADA, NOW AT DHARWAD. …APPELLANT (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. MALLANNA S/O. BASAPPA MAGI, AGE: MAJOR, OCC: PROP. OF BHAGIRATI AUTOMOBILE BIJAPUR, R/O. #162, JANANI NILAYA, 3RD CROSS, DHANDESHARI NAGAR, BEHIND JSS COLLEGE, VIDYAGIRI, DHARWAD. (OWNER OF OFFENDING VEHICLE BEARING NO.KA-28/A-6347) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., OPP. ICICI BANK, BESIDE HOYSAL HOTEL, P.B. ROAD, DHARWAD. …RESPONDENTS (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE FOR R1; SMT. PREETI SHASHANK, ADVOCATE FOR R2) --- THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.58/2010 ON THE FILE OF THE COURT FAST TRACK-III DHARAWAD AND ENHANCE THE COMPENSATION BY RS.10,50,000/- BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 27/10/2012 AND GRANT SUCH OTHER RELIEF OR RELIEFS, AS THIS HON’BLE COURT DEEMS FIT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, 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:13771 MFA No. 102745 of 2014 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri.Dayanand M. Bandi, learned counsel for the appellant, Sri.Shivakumar S. Badawadagi, learned counsel for respondent No.1 as well as Ms.Preethi Shashank, learned counsel for respondent No.2. At request of all 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 Motor Accident Claims Tribunal, Dharwad (hereinafter referred to as ‘the Tribunal’, for brevity) in MVC No.58/2010 dated 27.10.2012. This is a claimant's appeal. 3. Seeking compensation of Rs.25,00,000/- in total, the appellant filed a petition projecting that he sustained injuries in a road traffic accident. The Tribunal, - 4 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 through the impugned award, granted a sum of Rs.1,22,000/- as compensation. Stating that the said sum is on lower side, the present appeal is filed. 4. Arguing the matter, learned counsel for the appellant submits that the appellant, by maintaining a gym and by running a cloth store, was earning Rs.30,000/- to Rs.35,000/- per month by the date of the accident. But due to the multiple injuries sustained, he became permanently and completely disabled. Though the appellant produced the evidence of PW2 to establish his disability and also produced the relevant Income Tax returns to establish his income as on the date of the accident, without considering the said evidence, the Tribunal simply awarded a sum of Rs.1,22,000/- in total as compensation. Learned counsel states that, by the evidence of PW2, the appellant has established that the disability in respect of the whole body is 12%. Learned counsel also submits that the amount granted as compensation under all heads is on lower side. - 5 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 5. Per contra, the submission that is made by learned counsel for respondent No.2 is that the income of the appellant increased after the date of accident, and perceiving the said fact, the Tribunal failed to award any sum as compensation towards ‘loss of future earnings’. 6. The appellant produced the acknowledgment of Income Tax Department regarding filing of Income Tax Returns for the assessment year 2010-11, marked as Exhibit P14. The appellant also produced acknowledgment of having filed Income Tax Returns for the assessment year 2009-10, and the same is marked as Exhibit P15. However, both those documents reveal that the income tax returns were submitted on 25.06.2010. That apart, there is no material on record to show the exact earnings of the appellant as on the date of accident. - 6 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 7. The accident admittedly occurred on 06.12.2010. However, the fact remains is that the appellant produced Exhibit P13, license fee receipt, in proof of the fact that he was running a gym. Thus, having considered the fact that the appellant established his occupation as on the date of accident, this Court considers it desirable to take the notional income of the appellant as Rs.5,500/- per month, which figure is considered for the relevant period even by the High Court Legal Services Committee, Dharwad for settlement of claims. 8. The age of the appellant as per Exhibit P12, certificate issued by the doctor, is 26 years as on 2012. The accident occurred in the year 2010. Therefore, it can be considered that the appellant was aged around 24 years by the date of the accident. 9. Thus, having taken the age of the appellant as 24 years by the date of the accident, considering the - 7 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 notional income as Rs.5,500/- per month, and applying the appropriate multiplier 18 as per the decision of the Hon'ble Apex Court in Sarla Verma v. Delhi Transport Corporation1, and taking the disability in respect of the whole body as 8%, the compensation which the appellant is entitled to receive under the head ‘loss of future earnings’ is Rs.95,040/- (Rs.5,500 x 12 × 18 × 8%). 10. The Tribunal failed to award any sum as compensation towards ‘loss of income during the laid up period’. Having considered the fact that the appellant was maintaining a gym as on the date of the accident and that he sustained fracture of tibia and fibula of right leg, this Court is of the view that the appellant would not have attended his normal pursuits at least for a period of 5 months. Therefore, loss of earnings during the laid up period comes to Rs.27,500/- (Rs.5,500 × 5). 1 (2009) 6 SCC 121 - 8 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 11. Also this Court is of the view that the appellant is entitled to a sum of Rs.50,000/- towards ‘pain and suffering’. 12. Thus, the compensation which the appellant is entitled to receive under all heads is as follows: Heads Amount(Rs.) Compensation for pain and suffering 50,000.00 Towards food, extra nourishment, attendant and conveyance charges 21,000.00 Medical expenses 21,000.00 Loss of amenities in life 30,000.00 Loss of future earnings 95,040.00 Loss of income during laid up period 27,500.00 Total 2,44,540.00 13. In the light of the aforementioned discussion, this Court is of the view that the sum which the appellant is entitled to receive as compensation is Rs.2,44,540/- - 9 - HC-KAR NC: 2025:KHC-D:13771 MFA No. 102745 of 2014 14. Therefore, the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Dharwad through orders in MVC No.58/2010 dated 27.10.2012 is enhanced from Rs.1,22,000/- to Rs.2,44,540/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, excluding the days of delay of 607 days as per orders in I.A.No.1/2014. iv. Respondents are directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab/CT-MCK List No.: 1 Sl No.: 37