- 1 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104855 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 104821 OF 2019 IN M.F.A.NO.104855/2019 BETWEEN: MANJUNATH S/O. FAKKIRAPPA PATIL, AGE: 22 YEARS, OCC: AGRICULTURE & COOLIE, R/O: KURUBAGATTI VILLAGE, TQ & DIST : DHARWAD. …APPELLANT (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) AND: 1. ISHWARAPPA S/O. SHIVAPPA SASAVIHALLI, AGE: 67 YEARS, OCC: BUSINESS & OWNER OF MARUTI SWIFT DZIRE VDI CAR NO.KA-25/Z 6521, R/O: MANJUNATH KRUPA, SANMATI NAGAR, 2ND CROSS, NARAYANPUR, DHARWAD, DIST: DHARWAD. 2. THE NATIONAL INSURANCE CO. LTD., DIVI NO.1, FLAT NO.101, 106, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 N-1 BMC HOUSE, CONNAUGHT PLACE, NEW DELHI-110001. 3. THE GENERAL MANAGER, NWKSRTC, HUBBALLI DIVISION, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. 4. SELF INSURANCE CO. NWKSRTC, HUBBALLI DIVISION, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R2; SRI. S.C. BHUTI, ADVOCATE FOR R3 & R4; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 31.08.2019 PASSED PRINCIPAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD IN MVC NO.741/2015 AND ENHANCE COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.104821/2019 BETWEEN: 1. THE GENERAL MANAGER, NWKSRTC, HUBBALLI DIVISION, GOKUL ROAD, HUBBALLI. 2. SELF INSURANCE COMPANY, N.W.K.S.R.T.C., HUBBALLI DIVISION, GOKUL ROAD, HUBBALLI BOTH APPELLANTS ARE REPRESENTED BY CHIEF LAW OFFICER. …APPELLANTS (BY SRI. S.C. BHUTI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 AND: 1. MANJUNATH S/O. FAKKIRAPPA PATIL, AGE: 22 YEARS, OCC: AGRICULTURE & COOLIE, R/O: KURUBAGATTI, TALUK: DHARWAD-580 007. 2. ISHWARAPPA S/O. SHIVAPPA SASAVIHALLI, AGE: 67 YEARS, OCC: BUSINESS, R/O: 67, MANJUNATH KRUPA, SANMATI NAGAR, 2ND CROSS, NARAYANPUR, DHARWAD-580 001. 3. NATIONAL INSURANCE COMPANY LIMITED, DIVI NO.1, FLAT NO.101, 106, N-1, BMC HOUSE, CONNAUGHT PLACE, NEW DELHI-110001. CAR POLICY NO.35101031146135569343 PERIOD FROM 20/10/2014 TO 19/10/2015) …RESPONDENTS (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R1; SRI. VIDYASHANKAR G. DALAWAI, ADVOCATE FOR R2; SRI. M.Y. KATAGI, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE PRINCIPAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD IN MVC NO.741/2015 DATED 31.08.2019 IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Raghavendra A.Purohit, learned counsel for the appellant in MFA No.104825/2019 who is also representing respondent No.1 in MFA No.104821/2019. Also heard Sri.M.Y.Katagi, learned counsel for respondent No 2 and Sri.S.C.Bhuti, learned Counsel for respondents No.3 and 4 in MFA No.104855/2019. Sri.M.Y.Katagi is also representing respondent No.3 in MFA No.104821/2019. Though Sri.Vidyashankar Dalawai is on record representing respondent No.2 in MFA No.104821/2019 learned counsel failed to represent the matter. 2. These two appeals are the outcome of the award that is passed by the Motor Accident Claims Tribunal, Dharwad (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.741/2015 dated 31.08.2019. - 5 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 3. For the sake of convenience of discussion, the parties are referred to as they are referred in the impugned order. 4. While the claimant filed MFA No.104855/2019 seeking enhancement in compensation, the Corporation has filed MFA No.104821/2019 disputing its liability to pay compensation. 5. The matrix of the case as projected by the claimant before the Tribunal is that on 11.12.2014 around 11:30 a.m. while he was proceeding from Hubballi to Dharwad on a motorcycle and when he reached near the railway over bridge of Navalur, one Maruti Swift Dzire Car Which was driven by its driver in a rash and negligent manner came from Dharwad side and at the same time the bus of the Corporation which was also driven by its driver in a rash and negligent manner came from Hubballi side and dashed against his motorcycle due to which he sustained injuries. - 6 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 6. Restricting his submission to the aspect of quantum, learned counsel who represents the Corporation submits that without there being any substantive evidence with regard to the physical disability, the Tribunal took the disability in respect of whole body of the claimant as 11% and awarded exorbitant sum as compensation. Learned counsel further submits that on the amount granted, the Tribunal laid interest at the rate of 8% per annum which is unjustifiable. 7. On the other hand, learned counsel for the claimant contends that the claimant by doing agriculture and coolie work was earning Rs.8,000/- per month by the date of accident. However, the Tribunal took the notional income of the claimant as Rs.200/- per day and awarded very meager sum as compensation towards loss of future earnings. Learned counsel contends that the evidence of PW-2 makes it clear that the disability is 32%. However, the Tribunal took the disability as 11% which is improper. Learned counsel also submits that the Tribunal failed to - 7 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 award any sum as compensation towards loss of earnings during laid up period and likewise the compensation that is granted by the Tribunal under all heads is on the lower side and therefore, the same requires enhancement. 8. So far as the income of the claimant is concerned, the claimant failed to produce substantive proof with regard to his occupation and earnings as on the date of accident. However, considering the submission that is made by learned counsel for the claimant that for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.7,500/- per month which is not disputed by learned counsel for Corporation, this Court considers desirable to take the said figure into consideration for assessment of compensation under the relevant heads. 9. So far as disability in respect of whole body is concerned, this Court is of the view that the Tribunal did not err in taking the disability in respect of whole body as 11%. - 8 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 10. Thus, on taking the notional income of the claimant as Rs.7,500/- per month, the multiplier as ‘18’ and the disability in respect of whole body as 11%, the compensation which the claimant is entitled to receive towards loss of future earnings is Rs.1,78,200/- (Rs.7,500 X 12 X 18 X 11%). However, the Tribunal awarded a sum of Rs.1,42,560/- only under the said head. Therefore, the enhancement will be Rs.35,640/- (Rs.1,78,200 – Rs.1,42,560). 11. As far as other aspects are concerned, as rightly put forth by learned counsel for the claimant, the Tribunal failed to award any sum as compensation towards loss of earnings during laid up period. Having considered the fact that the claimant sustained grievous injury to his right lower limb, this Court is of the view that the claimant could 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.22,500/- (Rs.7,500 x 3). The compensation that is granted by the Tribunal under all heads is justifiable and - 9 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 therefore requires no interference. Thus, the total sum which the claimant is entitled to receive in addition to the sum that is awarded by the Tribunal is Rs.58,140/- (Rs.35,640 + Rs.22,500). 12. As far as interest on the award amount is concerned, this Court is of the view that the compensation granted is required to be paid by the Corporation as well as the National Insurance Company Ltd., in accordance with their allotted shares by the Tribunal with interest at the rate of 6% per annum from the date of petition till the date of deposit. 13. Thus, both the appeals are disposed of with the following: ORDER (i) Both the appeals are allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Dharwad - 10 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 through orders in M.V.C. No.741/2015 dated 31.08.2019 is enhanced by Rs.58,140/-. (iii) The entire amount awarded as compensation shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) The apportionment made by the Tribunal upon the Corporation and the Insurance Company applies to enhanced sum as well. (v) The amount awarded as compensation shall be deposited within a period of eight weeks from the date of receipt of certified copy of this judgment. (vi) On such deposit, the claimant is permitted to withdraw the entire amount. - 11 - HC-KAR NC: 2025:KHC-D:15163 MFA No. 104855 of 2019 C/W MFA No. 104821 of 2019 (vii) Amount if any in deposit, be transmitted to the concerned Tribunal immediately. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 7