- 1 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 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. 3687 OF 2024 (MV-I) BETWEEN: SRI VIJAY @ VIJAY KUMAR S/O RAVI KUMAR, AGED ABOUT 21 YEARS, COOLIE , R/O BINDIGA VILLAGE, MALLENAHALLI POST, CHIKKAMAGALURU TALUK - 577 101 …APPELLANT (BY SRI. VINOD GOWDA, ADVOCATE) AND: 1. SRI M R NAGARAJ S/O RAMACHANDRA AGED ABOUT 77 YEARS, COFEE PLANTER, R/O P B NO.89, RAMASUNDAR, SPENCER ROAD, CHIKKAMAGALURU 577 101 2. SRI. RAMASUNDRA PALANTIONS SHANTHINIKETHAN UPSTAIRS, I G ROAD, CHIKKAMAGALURU 577 101 3. THE MANAGER M/S THE ORIENTAL INSURANCE CO. LTD., NAG NIRMALA COMPLEX, BASAVANAHALLI MAIN ROAD, CHIKKAMAGALURU 577 101 Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 4. THE MANAGER NEW INDIA INSURANCE CO., LTD., PANDURANGA COMPLEX, K T STREET, CHIKKAMAGALURU 577101 …RESPONDENTS (BY SRI. E.I.SANMATHI, ADVOCATE FOR R4; NOTICE TO R1 TO R3 IS D/W, V/O DTD 25.02.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.02.2024 PASSED IN MVC NO. 29/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, CHIKKAMAGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 ORAL JUDGMENT Heard Sri. Vinod Gowda learned counsel for the appellant as well as Sri. E.I. Sanmathi learned counsel for respondent No.4. 2. This appeal is the out come of the order that is rendered by the Motor Accident Claims Tribunal, Chikkamagaluru in M.V.C. No.29/2022 dated 09.02.2024. This is a claimants appeal. As against the claim for Rs.10,00,000/- in total, the tribunal through the impugned order awarded a sum of Rs.1,30,589/- as compensation and aggrieved by the same the present appeal is filed. 3. Projecting that the compensation granted is on lower side learned counsel for the appellant submits that the appellant by doing coolie work was earning more than Rs.500/- per day. However, the tribunal took the notional income as Rs.10,000/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2021 and for the relevant period even the Karnataka State Legal - 4 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 Services Authority is taking the notional income as Rs.15,000/- per month for settlement of claims and at least said figure should have been adopted by the tribunal. Learned counsel submits that the disability as spoken by PW-2 is 14%. However, the tribunal took the disability as 4.6% only. Learned counsel also states that the compensation granted by the tribunal under all other heads is on lower side. 4. The submission that is made by learned counsel for respondent No.4 is that the tribunal having assessed the entirety of evidence has awarded justifiable sum as compensation. However, in the light of the submission that is made by learned counsel for the appellant there may be marginal enhancement. 5. The tribunal awarded a sum of Rs.99,360/- towards loss of future earnings, Rs.10,000/- towards loss of income during laid up period, Rs.1,229/- towards medical expenses, Rs.10,000/- towards pain and suffering, Rs.5,000/- towards transportation charges and Rs.5,000/- towards - 5 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 nourishment, food and diet. The tribunal thus came to a conclusion that the total sum which the appellant is entitled to receive is Rs.1,30,559/-. However, in the operative portion of the award the tribunal held that the appellant is entitled to a sum of ₹1,30,589/- as compensation. 6. Having considered the submission that is made by learned counsel for the appellant in respect of taking notional income, this Court considers desirable to take the notional income of the appellant as Rs.15,000/- per month. However, the evidence of PW-2 is not clear in respect of whole body disability. Therefore, this Court does not find any reasons to disturb the findings of the tribunal of taking the disability in respect of whole body as 4.6%. Therefore, taking the notional income as Rs.15,000/- per month and without disturbing other parameters that is applying appropriate multiplier '18' and the disability in respect of whole body as 4.6%, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.1,49,040/- (Rs.15,000/- x 12 x 18 x 4.6%). - 6 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 7. Having considered the nature of injury sustained that is fracture of right tibia and the fact that the appellant took treatment as in-patient for 9 days, this Court is of the view that the appellant would not have attended his normal pursuits at least for a period of 3 months. Thus, loss of earnings during laid up period comes to Rs.45,000/- (Rs.15,000 x 3). Also this Court is of the view that the appellant is entitled to a sum of Rs.25,000/- towards pain and suffering, Rs.15,000/- towards food, extra nourishment, attendant and conveyance charges, Rs.1,229/- towards medical expenses and Rs.10,000/- towards loss of amenities in life. Therefore, the total compensation which the appellant is entitled to receive is as under:- Sl. No Description Amount 1. Pain and suffering 25,000 2. Towards food, extra nourishment, attendant and conveyance charges 15,000 - 7 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 3. Medical expenses 1,229 4. Loss of future earnings 1,49,040 5. Loss of earnings during laid up period 45,000 6. Loss of amenities in life 10,000 Total 2,45,269 8. Therefore, the appellant is entitled to a sum of ₹2,45,269/- as compensation. Thus, 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, Chikkamagaluru through orders in M.V.C. No.29/2022 dated 09.02.2024 is enhanced from Rs.1,30,589/- to Rs.2,45,269/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 8 - HC-KAR NC: 2025:KHC:38027 MFA No. 3687 of 2024 iv. Respondent No.4 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgement. v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 67