- 1 - HC-KAR NC: 2025:KHC-D:15520 MFA No. 102698 of 2015 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. 102698 OF 2015 (MV-I) BETWEEN: DYAMAPPA S/O. NAGAPPA BOODANUR, AGE: 37 YEARS, OCC: COOLIE WORK, R/O: KUMARAPATTANA VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. PRUTHVI K.S., ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KSRTC, KOLAR, TQ AND DIST: KOLAR. …RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 06.04.2015 PASSED BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR IN M.V.C. NO.744/2013, BY ENHANCING THE COMPENSATION AWARDED, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15520 MFA No. 102698 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Ms. Reshma, who represents Sri.Pruthvi K. S., learned counsel on record for the appellant as well as Sri. S. C. Bhuti, learned counsel for the respondent. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur in MVC No.744/2013 dated 06.04.2015. This is a claimant's appeal. 3. Seeking enhancement in compensation, learned counsel for the appellant submits that the appellant sustained two grievous injuries in a road traffic accident. The appellant by doing coolie work was earning Rs.15,000/- per month as on the date of accident. However, the Tribunal took the notional income of the appellant as Rs.4,500/- per month. - 3 - HC-KAR NC: 2025:KHC-D:15520 MFA No. 102698 of 2015 Learned counsel states that the accident occurred in the year 2013 and for the relevant period the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.7,000/- per month and at least said figure should have been considered by the Tribunal. Learned counsel further states that the compensation granted under all other heads is also on lower side. 4. The submission that is made by learned counsel for the respondent on the other hand is that the Tribunal, subjecting the total evidence to scrutiny, has awarded justifiable sum as compensation and therefore the appeal is not maintainable. 5. It is not in dispute that the appellant sustained fracture of superior pubic rami left and fracture of third metatarsal left, which are grievous in nature. Also, it is not in dispute that the appellant took treatment as inpatient for six days. However, the - 4 - HC-KAR NC: 2025:KHC-D:15520 MFA No. 102698 of 2015 appellant failed to produce substantive proof with regard to his occupation and earnings as on the date of accident. But considering the submission that is made by learned counsel for the appellant, the notional income of the appellant is taken as Rs.7,000/- per month. With notional income as Rs.7,000/- per month and adopting the parameters applied by the Tribunal i.e., 16 as multiplier and 7% as disability in respect of the whole body, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.94,080/- (Rs.7,000×12×16×7%). 6. Also, having considered the fact that the appellant sustained two grievous injuries, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of four months. Thus, ‘loss of earnings during laid-up period’ comes to Rs.28,000/- (Rs.7000 x 4). - 5 - HC-KAR NC: 2025:KHC-D:15520 MFA No. 102698 of 2015 7. Having regard to the evidence produced, this Court is of the view that the compensation which the appellant is entitled to receive under each head is as under: Head of Compensation Amount (Rs.) Pain and suffering 30,000.00 Medical expenses 26,767.00 Towards food, extra nourishment, attendant and conveyance charges 10,000.00 Loss of future earnings 94,080.00 Loss of earnings during laid-up period 28,000.00 Loss of amenities in life 10,000.00 Total 1,98,847.00 8. Thus, the above discussion makes it clear that the appellant is entitled to a sum of Rs.1,98,847/- as compensation. Therefore, the appeal is disposed of with the following order. - 6 - HC-KAR NC: 2025:KHC-D:15520 MFA No. 102698 of 2015 ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in MVC No.744/2013 dated 06.04.2015 is enhanced from Rs.1,32,247/- to Rs.1,98,847/-. iii. Enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. v. On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 23