- 1 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 3198 OF 2025 (MV-I) BETWEEN: LOKESH, S/O LATE MALLAPPA, NOW AGED ABOUT 37 YEARS, R/A BAGANAVADI, BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT. …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. HUCHEEGOWDA B. C., MAJOR, S/O CHIKKAMASTIGOWDA, R/A BANAGAVADI, HANUMANALU POST, BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT-571430. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 2. THE DIVISIONAL MANAGER, RELIANCE GEN. INS. CO. LTD., NO. 28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALORE -560001 …RESPONDENTS (BY SRI. ASHOK.N.PATIL, ADVOCATE FOR R2; NOTICE TO R1 IS D/W, V/O DTD 18.06.2025) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.05.2024 PASSED IN MVC NO.734/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, T.NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 ORAL JUDGMENT At request of Sri Raghu.R learned counsel for the appellant as well as Sri. Ashok N Patil learned counsel for respondent No.2 the matter is taken up for final hearing and disposal. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Narasipura through orders in M.V.C. 734/2021 dated 22.05.2024 the claimant therein as preferred the present appeal. 3. Arguing the matter, learned counsel for the appellant submits that the appellant by working as loading and unloading Coolie was earning ₹25,000/- per month. However in the light of injuries sustained he lost his total earnings. But the tribunal, taking the notional income as ₹9,100/- per month and the disability as 6% in respect of whole body awarded meagre sum as compensation under the heads 'loss of future earnings' and 'loss of income during - 4 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 laid up period'. Learned counsel also submits that the amount awarded as compensation under all other heads is also on lower side and therefore by allowing the appeal, the compensation granted by the tribunal is required to be enhanced. 4. On the other hand the submission that is made by learned counsel for respondent No.2 is that the tribunal having considered the totality of evidence produced took the disability in respect of whole body as 6% which is highly justifiable. Learned counsel states that except marginal enhancement in the light of the submission that is made by learned counsel for the appellant, the award of the tribunal needs no interference. 5. In reply to the said submission, learned counsel for the appellant states that the accident occurred in the year 2021 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as - 5 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 ₹15,000/- per month for settlement of claims and at least said figure should have been adopted by the tribunal. 6. It is not in dispute that the appellant sustained fracture of left knee and took treatment for the said injury. As per the evidence of CW-1 the disability in respect of left leg is 27% and in respect of whole body is 9%. However, considering the totality of evidence produced, the tribunal took the disability in respect of whole body as 6% which needs no interference. However, considering the submission that is made by learned counsel for the appellant which is justifiable, this Court considers desirable to take the notional income of the appellant as ₹15,000/- per month. 7. The tribunal granted a sum of ₹94,281/- as compensation for treatment, hospitalization, medicines, transportation, nourishing food and miscellaneous expenditure. The tribunal also granted a sum of ₹9,100/- towards loss of earnings during treatment period, ₹1,04,832/- towards loss of future earnings, ₹5,000/- - 6 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 towards future medical expenses, ₹20,000/- towards pain and suffering and ₹5,000/- towards loss of amenities in life. The tribunal granted a sum of ₹2,38,213/- in total rounded to ₹2,39,000/- as compensation. 8. However considering the occupation of the appellant and the injuries sustained, this Court is of the view that the compensation granted by the tribunal needs enhancement under material heads. 9. Taking the notional income of the appellant as ₹15,000/- per month and without distributing other parameters that is applying appropriate multiplier '16' and the disability in respect of whole body as 6%, the compensation which the appellant is entitled to receive under the head loss of future earnings is ₹1,72,800/- (15,000x 12 x 16 x 6). 10. Taking into consideration the occupation of the appellant that is coolie who loads and unloads the goods, this court is of the view that the appellant would not have - 7 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 attended his work atleast for a period of four months. Thus, loss of earnings during laid up period comes to ₹60,000/- (15,000x 4). 11. The appellant is also entitled to a sum of ₹25,000/- under the head pain and suffering, ₹20,000/- towards food, extra nourishment, attendant and conveyance charges, ₹20,000/- towards loss of amenities in life and ₹5,000/- towards future medical expense. The appellant is further entitled to a sum of ₹86,281/- towards the medical expenditure he incurred. Thus, the compensation which the appellant is entitled to in total is as under:- Sl. No Description Amount 1. Pain and suffering 25,000 2. Medical expenses 86,281 3. Towards food, extra nourishment, attendant and conveyance charges 20,000 4. Loss of future earnings 1,72,800 5. Loss of earnings during laid up period 60,000 - 8 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 6. Loss of amenities in life 20,000 7. Future medical expenses 5,000 Total 3,89,081 12. Thus, the appellant is entitled to a sum of ₹3,89,081/-as compensation. 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, Narasipura through orders in M.V.C No.734/2021 dated 22.05.2024 is enhanced from Rs.2,39,000 to Rs.3,89,081/-. 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 237 days as per the orders in I.A No.1/2025. - 9 - HC-KAR NC: 2025:KHC:38026 MFA No. 3198 of 2025 iv. Respondent No.2 is directed to deposit the enhanced sum within a period of eight 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/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 43