- 1 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 56 OF 2024 (MV-I) BETWEEN: SRI. SIDDARAJU, S/O. MARIGOWDA, AGED ABOUT 44 YEARS, R/AT GARAKAHALLI VILLAGE AND POST, MALURU HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT. …APPELLANT (BY SRI. RAJU S., ADVOCATE) AND: 1. SRI. CHETHAN T. P., S/O. PUTTASWAMY, AGE: MAJOR, R/AT TIPPURU VILLAGE, NIDAGATTA POST, MADDUR TALUK, MANDYA DISTRICT-571 428. 2. THE UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, 6TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPTD. BY ITS MANAGER …RESPONDENTS (BY SRI. A.M.VENKATESH, ADVOCATE FOR R2; R1-SERVED) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 28.11.2023 PASSED IN MVC NO.566/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Raju.S, learned counsel for the appellant as well as Sri.A.M.Venkatesh, learned counsel for respondent No.2. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal, Channapatna in MVC No.566/2019 dated 28.11.2023. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident, the appellant filed the petition claiming compensation of Rs.10,00,000/- in total. The Tribunal through the impugned award granted a sum - 3 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 of Rs.1,90,179/- as compensation. Projecting that the said amount is grossly low, the present appeal is filed. 4. Learned counsel for the appellant submits that the appellant sustained grievous injuries during the course of the accident and became permanently and completely disabled. The appellant produced the evidence of Pw.2 to establish the nature of injury sustained and the aspect of disability. The appellant as an agriculturist and by doing dairy farming was earning Rs.30,000/- p.m. Without considering the income and the disability, the Tribunal awarded very meager sum as compensation and aggrieved by the same, the present appeal is filed. Learned counsel thereby seeks to enhance the compensation. 5. On the other hand, learned counsel for respondent No.2 submits that the appellant sustained fracture of left clavicle. Clavicle is an ornamental bone and therefore, the aspect of disability moreso permanent in nature does not arise. Learned counsel further submits - 4 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 that the amount that is awarded as compensation is justifiable. 6. On income, further submission that is made by learned counsel for the appellant is that though the appellant was earning Rs.30,000/- p.m. as an agriculturist and by doing dairy farming, the Tribunal took the notional income as Rs.10,000/- p.m. unjustifiably. Learned counsel states that the accident occurred in the year 2019 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.14,000/- p.m. and atleast the said figure ought to have been considered by the Tribunal. Learned counsel for respondent No.2 graciously submits that the notional income may be taken as Rs.14,000/- p.m. 7. The appellant failed to produce any substantive proof with regard to his actual earnings and occupation by the date of accident. However, considering the submission that is made by both the learned counsels, this Court is of - 5 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 the view that the notional income of the appellant is required to be taken as Rs.14,000/- p.m. On taking the notional income as Rs.14,000/- p.m. and without disturbing other parameters, the compensation which the appellant is entitled to under the head loss of future earnings due to permanent physical disability is Rs.1,26,000/- (Rs.14,000X12X15X5%). The Tribunal awarded sum of Rs.90,000/- only under the head loss of future earnings. Therefore, the enhancement under the said head will be Rs.36,000/- (Rs.1,26,000-Rs.90,000). 8. The appellant succeeded in establishing that he sustained a grievous injury i.e., fracture to left clavicle during the course of accident. Thus having considered the nature of injury sustained, this Court is of the view that the appellant would have taken bed rest atleast for a period of two months. Therefore, loss of earnings during laid up period comes to Rs.28,000/- (Rs.14,000X2). The Tribunal granted a sum of Rs.10,000/- only under the said - 6 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 head. Therefore, the enhancement will be Rs.18,000/- (Rs.28,000-Rs.10,000). 9. So far as pain and suffering is concerned, the Tribunal awarded Rs.20,000/- under the said head. However, having considered the nature of injury sustained, this Court is of the view that the appellant is entitled to a sum of Rs.30,000/- under the said head. Therefore, the enhancement will be Rs.10,000/- (Rs.30,000-Rs.20,000). Thus the appellant is entitled to a sum of Rs.64,000/- (Rs.36,000+Rs.18,000+Rs.10,000) in addition to the sum that is awarded by the Tribunal. 10. 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, Channapatna through orders in MVC - 7 - HC-KAR NC: 2025:KHC:27446 MFA No. 56 of 2024 No.566/2019 dated 28.11.2023 is enhanced by Rs.64,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. 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 8(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 NS CT:TSM List No.: 1 Sl No.: 49