- 1 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO.103058 OF 2017 (MV-I) BETWEEN: MOHASIN S/O. ABDULRAJAK SAUDAGAR, AGE: 31 YEARS, OCC: MASON, (PRESENTLY NIL), R/O. SIDDESHWAR NAGAR, MANJREWADI ROAD, SHOLAPUR, DIST: SHOLAPUR, STATE: MAHARASHTRA. …APPELLANT (BY SRI. D. V. PATTAR, ADV. FOR SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. RACHAPPA GURAPPA GADADINNI, AGE: 49 YEARS, OCC: OWNER OF MOTOR BIKE BEARING NO.KA-29/M-3746, R/O. HERAKAL, TQ: BILAGI, DIST: BAGALKOT. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., RAMADEV GALLI, BELGAUM. …RESPONDENTS (BY SMT. PREETI SHASHANK, ADV. FOR R2; NOTICE TO R1 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND DECREE PASSED BY THE HON’BLE MEMBER M.A.C.T-III BAGALKOT DATED 31.05.2017 IN M.V.C. NO.304/2014 AND ENHANCE THE COMPENSATION BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the appellant/injured seeking enhancement of compensation challenging the judgment and award dated 31.05.2017 passed in MVC No.304/2014 on the file of Member, M.A.C.T-III, Bagalkot1. 2. Brief facts leading to filing of this appeal are that on 30.04.2014 at about 08.30 p.m., the petitioner/appellant came from Sholapur to meet his sister at Gaddanakeri cross and thereafter, he wanted to meet his relatives at Bagalkot and accordingly, he was standing at Yallamma Temple on Gaddanakeri cross, Bagalkot road, with extreme side of the road in order to board the vehicle. At that time, respondent No.1 came on his motorcycle bearing Reg.No.KA-29/U-3746 from 1 For short, ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 Gaddanakeri cross with high speed and in a rash and negligent manner and he suddenly dashed to the petitioner who was standing by the side of the road. As a result of which, the claimant-Mohasin fell down on the ground and sustained grievous injuries over his left leg and injuries to all over his body. Immediately, he was shifted to Spandana Hospital, Bagalkot. Hence, he filed claim petition seeking compensation. 3. The Tribunal on appreciation of oral and documentary evidence on record, awarded a total compensation of Rs.2,74,900/- with interest at the rate of 8% per annum from the date of petition till the date of realization. 4. Learned counsel Sri. Anand R. Kolli for the appellant/claimant submits that the Tribunal committed grave error in assessing the income of the appellant/injured at Rs.6,000/- per month. It is further submitted that no compensation has been awarded under the head of loss of income during the laid-up period and - 4 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 also submits that the assessment of disability by the Tribunal at 10% is on lower side as the appellant has suffered fracture of Tibia and Fibula of left leg. Hence, he seeks to allow the appeal by enhancing the compensation. 5. Per contra, Smt. Preeti Shashank, learned counsel appearing for the respondent No.2/insurance company supports the impugned judgment and award of the Tribunal and submits that the appellant has not produced any evidence to prove the income. Hence, the Tribunal has rightly assessed income of the appellant and also taking note of the nature of fractures suffered by him, Tribunal has rightly assessed disability at 10%, which does not call for any modification. Hence, she seeks to dismiss the appeal. 6. We have heard the learned counsel for the appellant as well as learned counsel for respondent No.2 and perused the material available on record. - 5 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 7. Having heard the learned counsel for the parties and on perusal of the material available on record, the only point that would arise for our consideration in the present appeal is, whether the impugned judgment and award of the Tribunal calls for any interference? 8. The aforesaid point is answered in the ‘affirmative’ for the following reasons: a. It is not in dispute that the appellant has sustained grievous injuries in road accident dated 30.04.2014 and provided treatment at Hospital. Considering the nature of treatment provided, the Tribunal awarded total compensation of Rs.2,74,900/-. The Tribunal has assessed the income of the appellant/injured at Rs.6,000/- per month, which is on the lower side. Admittedly, the claimant has not produced any document to substantiate his claim of income. Hence, in the absence of any such document to substantiate - 6 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 the income of the appellant, this Court assesses the income of the injured/appellant notionally at Rs.7,500/- per month for the accident of the year 2014 as per the notional income chart prepared by the Karnataka State Legal Services Authority. The appellant has sustained fracture of Tibia and Fibula of left leg. Considering the same, the Tribunal has rightly assessed the disability at 10%, which does not call for any modification. There is no dispute with regard to age of the injured as 28 years and applicable multiplier of ‘17’. Thus, loss of future income due to disability is recomputed as under: Rs.7500/- x 12 x 17 x 10% =Rs.1,53,000/- b. The Tribunal has committed an error in not awarding any compensation under the head of loss of income during the laid-up period. Hence, it would be just and appropriate to award a sum of Rs.22,500/-(7,500 x3) under - 7 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 the head loss of income during laid-up period for a period of three(3) months. The award of compensation by the Tribunal under other heads are just and proper, which requires no interference. Thus, in all, the claimant shall be entitled to modified compensation under the following heads: 1. Loss of future income 1,53,000/- 2. Pain and suffering 50,000/- 3. Food, Nourishment and attendant charges 5,000/- 4. Loss of amenities of life 50,000/- 5. Conveyance charges 5,000/- 6. Medical expenses 42,500/- 7. Loss of income during laid-up period 22,500/- Total 3,28,000/- 9. Thus, the claimant would be entitled to total compensation of Rs.3,28,000/- as against Rs.2,74,900/- awarded by the Tribunal. 10. The Tribunal has committed an error in awarding rate of interest at 8% per annum, which appears to be on the higher side. Normally, this Court and the Hon’ble Apex Court taking note of prevailing rate of - 8 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 interest paid on the fixed deposit by the nationalized banks, would award interest at 6% per annum. Therefore, in the present case also, the claimant is entitled to interest on the compensation amount at the rate of 6% per annum from the date of petition till realization. 11. Hence, we proceed to pass the following: ORDER i. Appeal is allowed in part. ii. The impugned judgment and award of the Tribunal is modified holding that the claimant is entitled to total compensation of Rs.3,28,000/- as against Rs.2,74,900/- awarded by the Tribunal. iii. The entire compensation amount shall carry interest at the rate of 6% per annum from the date of petition till date of payment. iv. The insurance company shall deposit the aforesaid compensation amount along with accrued interest before the Tribunal within a period of six weeks from the - 9 - HC-KAR NC: 2025:KHC-D:9461-DB MFA No. 103058 of 2017 date of receipt of certified copy of this judgment. v. The amount in deposit be transmitted to the Tribunal along with TCR forthwith. vi. Draw modified award accordingly. vii. No order as to costs. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 39