- 1 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 100664 OF 2020 (MV-I) BETWEEN: GOPAL MAHADEV GOUDA AGE: 25 YEARS, OCC: CARPENTER, FABRICATION AND DOOR FITTING WORKS, R/O: SEA BIRD COLONY, BELEKERI, ANKOLA. …APPELLANT (BY SRI. HAREESHA S. NAYAK, ADVOCATE) AND: 1. SRI. SIDDARTHA CHOKAPPA NAIK AGE: MAJOR, DRIVER OF CAR NO.36/M6210, R/O: AVERSA ANKOLA, UTTARA KANNADA-581314. 2. SRI. RAMACHANDRA HONNAPPA NAYAK AGE: MAJOR, OWNER OF CAR NO.KA36/M-6210, R/O: AVERSA, ANKOLA, UTTARA KANNADA-581314. 3. BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY, MAXIMS, COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, HAMPANKATTA, MANGALORE. POLICE NO.6104262311001322. …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R3; NOTICE TO R1 & R2-DISPENSED WITH) THIS MFA IS FILED UNDER SEC.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 30.09.2019 PASSED IN MVC NO.514/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, ANKOLA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 THIS MFA COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The claimant-injured is before this Court dissatisfied with the quantum of compensation awarded under judgment and award dated 30.9.2019 in M.V.C. No.514/2017 on the file of learned Senior Civil Judge and Addl. MACT, Ankola (for short, ‘Tribunal’), praying for enhancement of compensation. 2. Heard learned counsel Sri. Hareesha S Nayak for the appellant and Sri.S.V.Yaji, learned counsel for respondent- Insurance Company and perused the appeal papers. 3. The appellant/claimant filed a claim petition under Section 166 of the M.V. Act claiming compensation for the injuries sustained by him in a road traffic accident that occurred on 16.04.2017 involving Bike bearing registration No.KA-25/EY- 9223 and Car bearing registration No.KA-36-610. It is stated that the appellant/claimant was aged 25 years as on the date of - 3 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 the accident and working as carpenter at Sakshi Hardware, earning Rs.20,000/- per month. 4. On issuance of notice, respondent-Insurance Company appeared through its counsel and filed statement of objections denying the entire averments made in the claim petition. It was contended that due to negligence on the part of rider of the bike, the accident took place and the claimant has not sustained any injuries. Hence, sought for dismissal of the claim petition. 5. The claimant in support of his case examined himself as PW1 and examined three witnesses as PW2 to PW4 apart from marking documents as Exs.P1 to P13. The respondents did not examine any witness but marked insurance policy as Ex.R1. The Tribunal on appreciation of material on record, awarded total compensation of Rs.8,65,000/- with interest at 6% per annum from the date of petition till realization on the following heads: Pain & suffering Rs. 50,000/- Loss of future earnings Rs.3,70,000/- Medical expenses Rs.3,40,000/- Food & nourishment Rs. 20,000/- Attendant Charges Rs. 20,000/- Traveling Expenses Rs. 10,000/- Loss of income during laid-up period Rs. 55,000/- ----------------- Total Rs.8,65,000/- - 4 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 6. While awarding the above compensation, the Tribunal assessed notional income of the claimant/injured at Rs.9,000/- per month, applied multiplier of 17 and assessed whole body disability of the injured at 20%. Not being satisfied with the quantum of compensation, the claimant is before this Court praying for enhancement of compensation. 7. Sri.Hareesha S Nayak, learned counsel for the appellant/injured would submit that notional income of the claimant assessed by the Tribunal at Rs.9,000/- per month is on the lower side, inasmuch as he was working as Carpenter and earning Rs.20,000/- per month. He submits that the Tribunal has not awarded any compensation under the head loss of amenities. He further submits that the Tribunal committed an error in awarding meager compensation under each head, which requires to be modified by awarding appropriately. Thus, he prays for enhancement of compensation by allowing the appeal. 8. Per contra, Sri.S.V. Yaji, learned counsel for respondent-Insurance Company contends that in the absence of cogent and acceptable evidence to prove the income of the injured, the Tribunal has rightly assessed the notional income of the injured at Rs.9,000/- per moth. He further submits that the - 5 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 quantum of compensation awarded by the Tribunal is just and proper, which needs no interference. Thus, he prays for dismissal of the appeal. 9. Having heard the learned counsel for the parties and on perusal of the appeal papers, the only point that would arise for consideration in this appeal is, whether the appellant/claimant would be entitled for enhanced compensation? 10. Answer to the above point would be in the ‘affirmative’ for the following reasons. 11. The occurrence of the accident that took place on 16.04.2017 involving Bike bearing registration No.KA-25/EY- 9223 and Car bearing registration No.KA-36-610 resulting in injuries to the claimant is not in dispute in this appeal. The claimant is before this Court praying for enhancement of compensation. The Tribunal assessed notional income of the claimant at Rs.9,000/- per month. It is stated that the claimant was working as carpenter and earning Rs.20,000/- per month. To substantiate the said contention, the claimant has not produced any cogent material on record. In the absence of any - 6 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 cogent evidence to establish the avocation and income of the injured, this Court and Lok Adalath while settling the accidental claims of the year 2017 would normally assess notional income at Rs.10,250/- per month, taking note of the income chart prepared by KSLSA based on various factors including the minimum wage fixed. Therefore, in the instant case also, in the absence of any corroborative document to establish the income of the injured, we are of the opinion that it would be just and appropriate for us to determine notional income of the injured at Rs.10,250/- p.m., taking note of the income chart prepared by KSLSA and also the minimum wage fixed. 12. As per Ex.P11-Disability Certificate, the claimant/injured has sustained fracture of both right and left femur. In support of his case, the claimant examined PW2- Doctor, who has deposed in his evidence that the injured/claimant has suffered 35% permanent physical disability to the whole body. However, the Tribunal assessed functional disability of the claimant at 20% to the whole body, which in our view is just and proper and requires no interference. - 7 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 13. There is no dispute with regard to the age of the claimant i.e. 26 years and proper multiplier of 17 to the age of the claimant. Thus, the claimant would be entitled to compensation on the head of loss of future earnings at Rs.4,18,200/- (Rs.10,250 X 12 (months) x 17(multiplier) x 20/100 (disability). 14. The Tribunal awarded a sum of Rs.50,000/- on the head of pain and suffering, which is on the lower side. Considering the nature of injuries and also fracture sustained by the claimant, the amount awarded on the said head is enhanced to Rs.75,000/-. No compensation has been awarded towards loss of amenities. Since the claimant has suffered fracture of right and left femur and he was an inpatient for a period of 16 days, we are of the view that it would be just and appropriate to award a sum of Rs.40,000/- towards loss of amenities and Rs.61,500/- (Rs.10,250 x 6 months) towards loss of income during laid-up period. 15. The Tribunal awarded a sum of Rs.50,000/- towards food, nourishment, attendant charges and traveling expenses, which is just and proper and does not call for - 8 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 modification. The Tribunal awarded a sum of Rs.3,40,000/- towards medical expenses as per medical bills produced by the claimant, which in our view is just and proper and the same is undisturbed. 16. Thus, the claimant would be entitled to modified compensation as under: Sl.No. Particulars Amount 1. Pain and suffering Rs. 75,000/- 2. Loss of income during laid-up period for six months Rs. 61,500/- 3. Loss of future earnings Rs.4,18,200/- 4. Loss of amenities Rs. 40,000/- 5. Medical expenses Rs.3,40,000/- 6. Food, Nourishment, attendant charges & Traveling expenses Rs. 50,000/- Total Rs.9,84,700/- 17. Thus, the claimant would be entitled to total compensation of Rs.9,84,700/- as against Rs.8,65,000/- awarded by the Tribunal. 18. Hence, we pass the following order: ORDER a) The appeal is allowed in part. b) The impugned judgment & award passed by the Tribunal is modified to an extent that the claimant would be entitled to total - 9 - HC-KAR NC: 2025:KHC-D:14194-DB MFA No. 100664 of 2020 compensation of Rs.9,84,700/- as against Rs.8,65,000/- awarded by Tribunal. c) The enhanced compensation amount will bear interest at the rate of 6% per annum from the date of petition till realization. d) Respondent-Insurance Company shall deposit the enhanced compensation amount along with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) On such deposit, the same shall be released in favour of the appellant/claimant. f) Draw modified award accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 38