- 1 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA] MISCELLANEOUS FIRST APPEAL NO.101006 OF 2015 (MV) BETWEEN: 1. IRAPPA S/O. BALAPPA NAIKAR, AGE: 28 YEARS, OCC: DRIVER & AGRICULTURE, NOW NIL, R/O: HANABARATTI, TQ: BAILHONGAL, DIST: BELAGAVI. …APPELLANT (BY SRI. ANAND D. BAGEWADI ADVOCATE., FOR SRI S.S. PATIL, ADVOCATE) AND: 1. BASHIRAHMED S/O. ABDULRAZAK TAHASILDAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: AWATI GALLI, GOKAK, TQ: GOKAK, DIST: BELAGAVI, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 (OWNER OF MAHINDRA BALERO GOODS TEMPO BEARING REG. NO.KA-49/757) 2. THE DIVISION MANAGER, NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELGAUM, TQ & DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.A. DESHPANDE, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1)(a) OF MV ACT, PRAYING TO CALL FOR RECORDS AND ENHANCE THE COMPENSATION MODIFYING THE JDUGMENT AND AWARD PASSED BY THE FAST TRACT-III AND ADDITIONAL MOTOR ACCIDENT CALIMS TRIBUNAL, BELAGAVI, IN MVC.NO.2582/2012 PASSED ON 31.07.2013, IN THE INTEREST OF JSUTICE AND EQUIATY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Anand Bagewadi, who represents Sri S.S.Patil learned counsel on record for the appellant as well as Sri M.A.Deshpande learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Belgaum in MVC 2582 of 2012 dated 31.07.2013. This is a claimant's appeal. The appellant is before this court seeking enhancement in compensation. 3. It is not in dispute that the appellant sustained fracture of frontal bone, fracture of shaft of right femur, right fibular neck fracture, fracture of right metatarsal bone and open comminuted distal radius fracture (intra-Articular with distal ulna fracture right side). 4. Arguing the matter, learned counsel for the appellant states that the injuries sustained left the appellant with permanent physical disability. The appellant as an - 4 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 expert driver was earning Rs.12,000/- per month apart from earning Rs.2,00,000/- per annum through agriculture. Though sufficient proof to that effect was produced, the tribunal did not award justifiable sum as compensation under the heads ‘loss of future earnings’ and ‘loss of earnings during laid up period’. Learned counsel states that the compensation that is granted by the tribunal under all other heads is also on the lower side. Learned counsel thereby seeks for enhancement in compensation. 5. Learned counsel for respondent No.2 on the other hand states that the tribunal took the notional income as Rs.6,000/- per month, but according to the chart maintained by High Court Legal Services Committee, Dharwad, the income for the relevant period has to be taken as Rs.6,500/- per month and therefore taking the income as Rs.6,500/- per month, there may be marginal enhancement. - 5 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 6. The appellant besides producing Ex.P11 copy of driving licence also examined PW3 who spoke that the appellant was working under him as a driver and he was paying Rs.12,000/- per month as salary. The tribunal took the notional income as Rs.6,000/- per month considering the appellant as a coolie. However as the appellant has established that he is a driver by profession, though not Rs.12,000/- as spoken by PW3 while giving evidence, this Court is of the view that the notional income of the appellant is required to be taken as Rs.7,000/-. 7. Thus taking the notional income as Rs.7,000/- per month and without disturbing other parameters, that is application of appropriate multiplier ‘18’ and the disability in respect of whole body as 20%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ comes to Rs.3,02,400/- (Rs.7,000 X 12 X 18 X 20%). However the tribunal granted a sum of Rs.2,59,200/- only under the said head. Thus the enhancement will be Rs.43,200/- (Rs.3,02,400 minus Rs.2,59,200/-). - 6 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 8. Coming to the amount which has to be granted towards ‘loss of income during laid up period’, the tribunal granted a sum of Rs.6,000/- only under the said head. However considering the fact that the appellant sustained five grievous injuries and took extensive treatment for those injuries, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 6 months. Thus ‘loss of earning during laid-up period’ comes to Rs.42,000/- (Rs.7,000 X 6). Thus the enhancement under this head will be Rs.36,000/- (Rs.42,000/- minus Rs.6,000/-). 9. Also this Court is of the view that the appellant is entitled to an additional sum of Rs.20,000/- towards ‘loss of amenities in life’ as the tribunal has granted a sum of Rs.10,000/- only under the said head. Thus the total compensation which the appellant is entitled to receive in addition to the sum that is granted by the tribunal is Rs.99,200/- (Rs.43,200/- + Rs.36,000/- + Rs.20,000/-). Therefore the appeal is disposed of with the following: - 7 - HC-KAR NC: 2025:KHC-D:15642 MFA No. 101006 of 2015 ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Belgaum through orders in MVC 2582 of 2012 dated 31.07.2013 is enhanced by Rs.99,200/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 517 days as per orders in IA No.1/2015. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 17