- 1 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103840 OF 2016 (MV-I) BETWEEN: GADILINGAPA S/O. ANKULA RAMAIAH, AGE: 41 YEARS, OCC: CLEANER, R/O: ALUR MANDALAM, KURNOOL DISTRICT, A.P. NOW R/O: BAPUJI NAGAR, BALLARI. …APPELLANT (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. D. VENKATESH S/O. LAKSHMANNA, 36 YEARS, DRIVER OF THE LORRY BEARING REG.NO.AP-21/X-974, R/O: ALUR MANDALAM, KURNOOL DISTRICT, A.P. 2. VISHWANATH SETTY G. S/O. G. GUNDAIAH SETTY, 43 YEARS, OWNER OF THE LORRY BEARING REG.NO.AP-21/X-974, R/O: D.NO.2/287, MAIN BAZAAR, ALUR MANDALAM, KURNOOL DISTRICT, A.P. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, PARVATHI NAGAR, MAINI ROAD, BALLARI. 4. P. MURLI S/O. PREMDAS, 42 YEARS, DRIVER CUM OWNER OF THE LORRY BEARING REG. NO.KA-53/7927, R/O: H.NO.15, HALE BAIYAPPANAHALLI POST, RAILWAY GOODS SLUM, M.S. NAGAR POST, BENGALURU-33. 5. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY, DOUBLE ROAD, UPSTAIRS EDIGA HOSTEL, 2ND FLOOR, BALLARI. …RESPONDENTS (BY SRI. M.Y. KATAGI, ADVOCATE FOR R3 AND R5; R1, R2 & R4-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER COURT RECORDS IN MVC NO.1126/2013 DATED 02.02.2016 ON THE FILE OF MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL- XIITH AT BALLARI; ENHANCE THE COMPENSATION FROM RS.85,500/- TO RS.15,00,000/- IN MVC NO.1126/2013 DATED 02.02.2016 ON THE FILE OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL-XIITH AT BALLARI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Manjunatha G.Patil, learned counsel for the appellant as well as Sri.M.Y.Katagi, learned counsel for respondents No.3 and 5. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal-XII, Ballari (hereinafter referred to as ‘the Tribunal’ for brevity), in M.V.C. No.1126/2013 dated 02.02.2016. This is a claimant’s appeal. 3. On the ground that he sustained grievous injury in a road traffic accident that occurred in the year 2012, the appellant filed a petition claiming compensation of Rs.15,00,000/- in total. The Tribunal through the impugned award granted a sum of Rs.85,500/- as compensation apportioning equal liability upon respondents No.3 and 5 to pay the same. The version of the appellant is that he is entitled to a higher sum. - 4 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 4. Arguing the matter, learned counsel for the appellant states that the appellant as a Cleaner was earning Rs.10,000/- per month as on the date of accident. However, the Tribunal took the notional income as Rs.4,500/- per month. Learned counsel states that the accident occurred in the year 2012 and for the relevant period, for settlement of claims, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.6,500/- per month and at least said figure should have been considered by the Tribunal. Learned counsel also states that the compensation granted by the Tribunal as a whole is on lower side. 5. Learned counsel for respondents No.3 and 5 though contends that the compensation granted is justifiable, yet submits that in case the Court intends to enhance the compensation granted, there may be marginal enhancement only. 6. Admittedly, the appellant sustained fracture of left femur. The appellant failed to produce any substantive proof with regard to his occupation and earnings as on the date of - 5 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 accident. However, considering the submission that is made by learned counsel for the appellant, this Court intends to take the notional income of the appellant as Rs.6,500/- per month. Thus, on taking the notional income as Rs.6,500/- per month and without disturbing other parameters that is application of appropriate multiplier ‘15’ and disability in respect of whole body as 5%, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.58,500/- (Rs.6,500 x 12 x 15 x 5%). 7. The appellant who sustained fracture of left femur 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.19,500/- (Rs.6,500 x 3). Taking into consideration the totality of evidence produced, this Court is of the view that the appellant is entitled to compensation under following Heads: Heads Amount in Rs. Towards pain and suffering 25,000.00 Towards food, extra nourishment, conveyance and attendant charges 10,000.00 - 6 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 Medical expenses 10,000.00 Loss of future earnings 58,500.00 Loss of income during laid up period 19,500.00 Loss of amenities in life 10,000.00 TOTAL 1,33,000.00 8. Thus, the above discussion makes it clear that the appellant is entitled to a sum of Rs.1,33,000/- as compensation. 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 Motor Accident Claims Tribunal-XII, Ballari through orders in M.V.C. No.1126/2013 dated 02.02.2016 is enhanced from Rs.85,500/- to Rs.1,33,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 7 - HC-KAR NC: 2025:KHC-D:15506 MFA No. 103840 of 2016 (iv) The liability fixed upon the respondents applies to enhanced sum as well. (v) Respondents No.3 and 5 are directed to deposit their respective shares within a period of eight weeks from the date of receipt of certified copy of this judgment. (vi) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 14