- 1 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3148 OF 2024(MV-I) BETWEEN: RAFEEQ M. M., S/O LATE MUSTHAFA, AGED ABOUT 34 YEARS, RESIDENT OF KOTTOLI VILLAGE, K. BOIKERI POST, VIRAJPET TALUK, KODAGU DISTRICT - 571 213. …APPELLANT (BY SRI. G.H. SHARATH KUMAR, ADVOCATE FOR SMT. JYOTHI S. K.,ADVOCATE) AND: 1. H. G. VENKATARAMANA, S/O. LATE GOVINDAIAH, AGED ABOUT 63 YEARS, 2. VARALAKSHMI H. V., W/O H.G. VENKATARAMANA, AGED ABOUT 56 YEARS 3. MISS DEEPTHI D/O H.G. VENKATARAMANA, AGED ABOUT 29 YEARS, RESPONDENT NO. 1 TO 3 ARE RESIDING AT PENSIONER'S LANE MADIKERI TOWN, KODAGU DISTRICT - 571 201. 4. THE BRANCH MANAGER, NATIONAL INSURANCE CO., LTD., Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 1ST FLOOR, BLOCK, NO.16, SURAKSHA MEDICALS G.T.ROAD, MADIKERI TOWN, KODAGU DISTRICT - 571201. …RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R4; V/O. DATED 20.01.2025, NOTICE TO R1 TO R3 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.01.2020 PASSED IN MVC NO.83/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI, SITTING AT VIRAJPET, PARTLY 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 ORAL JUDGMENT Heard Sri G.M.Sharath Kumar who represents Smt.Jyothi S.K., learned counsel on record for the appellant as well as Smt.Manjula N. Tejaswi, learned counsel for respondent No.4. 2. Projecting that the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Virajpet, through orders in MVC No.83/2019 dated 24.01.2020 is on lower side, the claimant therein is before this Court by preferring the present appeal. - 3 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 3. Making his submission with regard to the merits of the matter, learned counsel for the appellant submits that the appellant sustained fracture of right tibia and fibula and he took treatment as inpatient for a period of 35 days. Learned counsel also states that the appellant was working as coolie under PW2 and was earning Rs.600/- per day. Though the occupation and earnings were established before the Tribunal, the Tribunal took the notional income as Rs.6,000/- per month and awarded a meager sum as compensation under the head loss of future earnings. Learned counsel states that the Tribunal did not award any sum as compensation towards loss of earnings during laid up period. Learned counsel also states that the Tribunal failed to award any compensation separately under the head loss of amenities in life. Likewise, the Tribunal did not award any sum as compensation towards attendant charges, nourishment and conveyance charges separately. Learned counsel thereby seeks for enhancement in compensation. 4. The submission that is made by learned counsel for respondent No.4 on the other hand is that the Tribunal awarded huge amount of Rs.60,000/- under the head pain and suffering, loss of amenities and future happiness. Learned counsel also - 4 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 submits that a sum of Rs.1,10,000/- was awarded under the head medical expenses including nourishment, attendant charges and conveyance charges. Learned counsel submits that the accident occurred in the year 2019 and therefore notional income as being taken by the legal services authority may be considered. 5. For the relevant period i.e. for the year 2019 the Karnataka State Legal Services Authority is taking the notional income as Rs.14,000/- per month for settlement of claims. Therefore, this Court is of the view that the notional income of the appellant is required to be take as Rs.14,000/- per month. Thus, without disturbing the other parameters i.e. application of multiplier '17' and the permanent physical disability in respect of whole body as 10%, the compensation which the appellant is entitled to under the head loss of future earnings is Rs.2,85,600/- (Rs.14,000/- x 12 x 17 x 10%). The Tribunal through the impugned order awarded a sum of Rs.1,22,400/- only under the said head. Thus, the enhancement will be Rs.1,63,200/-. (Rs.2,85,600/- - Rs.1,22,400/-). - 5 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 6. Having considered the nature of injuries sustained, this Court is of the view that the appellant is entitled to an additional sum of Rs.30,000/- in total under the head loss of amenities in life, food and extra nourishment, attendant and conveyance charges. 7. As rightly contended, the Tribunal did not award any sum as compensation towards loss of earnings during laid up period. The appellant succeeded in establishing that he sustained fracture of right tibia and fibula and underwent a surgery also. Therefore, this Court is of the view that the appellant would have taken bed rest atleast for a period of three months. Therefore, loss of earning during laid up period comes to Rs.42,000/- (Rs.14,000/- x 3). 8. Thus, the appellant is entitled to an additional sum of Rs.2,35,200/- (Rs.1,63,200/- + Rs.30,000/- + Rs.42,000/-). Therefore, the appeal is disposed of with the following ORDER (i) The appeal is allowed in part. - 6 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Virajpet, through orders in MVC No.83/2019 dated 24.01.2020 is enhanced by Rs.2,35,200/-. (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.4 is 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/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 85 - 7 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [RAFEEQ M M VS. H G VENKATARAMANA AND OTHERS] 28.08.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER The matter is listed on this day basing on the memo filed by Smt. Manjula N Tejaswi learned counsel who represents respondent No.4. This Court disposed of the appeal i.e., MFA No.3148/2024 on 28.07.2025. The appeal was allowed in part and the compensation that was granted by the Motor Accident Claims Tribunal, Virajpet through orders in M.V.C. No. 83/2019 dated 24.01.2020 was enhanced by Rs. 2,35,200/-. A memo is filed by the 4th respondent-insurance company stating that this Court while dictating the judgment was pleased to order no interest for the period of delay of 734 days but the same is not forthcoming in the judgment. - 8 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 The appeal was filed with a delay of 734 days. An application vide I.A No.1/2024 was filed seeking the Court to condone the said delay. By order dated 12.02.2025 this Court allowed the said interlocutory application and thereby delay was condoned. However, this Court specifically ordered that the appellant being successful in the appeal will not be entitled for any interest for the delay period. In the judgment this Court indicated that the enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. As rightly contended, the condition imposed with regard to disentitlement of interest for the period of delay is not found in the judgment. The appellant did not choose to represent the matter on this day and thereby failed to oppose the contents of the memo filed. Having considered justification in moving the memo, this Court considers desirable to pass necessary orders - 9 - HC-KAR NC: 2025:KHC:28897 MFA No. 3148 of 2024 accordingly. Thus, the following sentence shall be inserted in the judgment at the concluding part as point (vi). "The appellant will not be entitled for any interest over the enhanced sum for the period of delay of 734 days as per the orders in I.A No.1/2024". Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 1