- 1 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 20530 OF 2013 (MV) BETWEEN: HANUMAPPA S/O. SANNA HANUMANTHAPPA, AGED ABOUT 49 YEARS, R/O. BEHIND TARANATHA HOSPITAL, NEAR SHAIKSHAVALI DARGA, ANATHAPUR ROAD, BELLARY DISTRICT. …APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. GOVINDAPPA S/O. SUBBA REDDY, MAJOR, OWNER OF THE LORRY BEARING REG. NO.KA-34/5342, R/O. SANGANAKAL VILLAGE, BELLARY TALUK, BELLARY DISTRICT. 2. THE DIVISIONAL MANAGER, RELIANCE GENERAL INS. CO. LTD., PARVATHI NAGAR, BELLARY. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 03-05-2012 PASSED ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL-II AT BELLARY IN MVC NO.1427/2011 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES, IN THE INTEREST OF JUSTICE AND EQUITY. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Sri. Y. Lakshmikant Reddy, learned counsel for the appellant, who appears physically before this Court, as well as Sri. G. N. Raichur, learned counsel for respondent No.2, who appears through Video Conference. 2. Challenge in this appeal is the award passed by the Motor Accident Claims Tribunal-II, Bellary (hereinafter referred to as ‘the Tribunal’, for brevity) in MVC No.1427/2011, dated 03.05.2012. This is a claimant’s appeal. 3. The appellant, projecting that he met with a road traffic accident that occurred in the year 2011 and became permanently and completely disabled, filed a - 3 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 petition claiming compensation of Rs.10,00,000/- in total. The Tribunal through the impugned award, granted a sum of Rs.4,09,000/- as compensation. Projecting that he is entitled for higher sum, the present appeal is filed. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained multiple grievous injuries in the road traffic accident. He underwent surgeries during the course of treatment, but left with permanent disability to an extent of 50% in respect of whole body. The appellant by doing coolie work was earning Rs.300/- per day. However, the Tribunal took the notional income of the appellant as Rs.3,750/- per month, which is unjustifiable. Learned counsel states that the accident occurred in the year 2011 and for the said period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.6,000/- per month for settlement of claims and at least said figure should have been adopted by the - 4 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 Tribunal. Learned counsel further submits that the compensation granted by the Tribunal under all other heads is also on lower side. Learned counsel thereby seeks for enhancement of compensation. 5. On the other hand, learned counsel for respondent No.2 contends that the compensation that is granted by the Tribunal is highly justifiable and therefore the appeal is required to be dismissed. 6. By all the evidence produced, the appellant succeeded in establishing that he sustained fracture of the right foot medial meelleolus, fracture of middle 1/3rd of tibia and fibula right, fracture of the acetabulam and superior dislocation of the right femur. All those injuries are grievous in nature. The appellant also succeeded in establishing that he took treatment as inpatient for a period of one month and eight days. PW2 assessed the disability in respect of the whole body at 50% and the same was considered by the - 5 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 Tribunal. However, the Tribunal ought to have taken the earnings of the appellant as Rs.6,000/- per month notionally. Thus, taking the notional income of the appellant as Rs.6,000/- per month and without disturbing other parameters i.e., application of multiplier of 13 and disability in respect of the whole body as 50%, the compensation which the appellant entitled to receive towards ‘loss of future earnings’ is Rs.4,68,000/- (Rs.6,000 x 12 x 13 x 50%). 7. The Tribunal granted Rs.40,000/- under the head ‘pain and suffering’. However, this Court is of the view that the appellant is entitled to a sum of Rs.50,000/- under the head ‘pain and suffering’. The Tribunal granted a sum of Rs.4,500/- towards ‘attendant charges’ and Rs.3,000/- towards ‘extra nourishment and conveyance’. This Court is of the view that the appellant is entitled to a total sum of Rs.10,000/- towards ‘food, extra nourishment, attendant and conveyance charges’. The Tribunal granted a sum of - 6 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 Rs.40,000/- towards ‘loss of amenities in life’ and Rs.15,000/- towards ‘medical expenses’. This Court finds no reasons to interfere with those findings. 8. The Tribunal did not grant any sum towards ‘loss of earnings during laid-up period’. Having considered the fact that the appellant sustained four grievous injuries, took treatment as inpatient for more than one month and is left with disability of 50% in respect of the whole body, 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 earnings during laid-up period’ comes to Rs.36,000/- (Rs.6,000 x 6). 9. Thus, the compensation which the appellant is entitled to receive under each head is as under: Head Amount (Rs.) Pain and Suffering 50,000.00 Food, Extra nourishment, Attendant & Conveyance charges 10,000.00 - 7 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 Loss of Future Earnings 4,68,000.00 Loss of Income During Laid-Up Period 36,000.00 Loss of Amenities in Life 40,000.00 Medical expenses 15,000.00 Total 6,19.000.00 10. Accordingly, the appellant is entitled to a sum of Rs.6,19,000/- as compensation. Therefore, the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal-II, Bellary in MVC No.1427/2011, dated 03.05.2012 is enhanced from Rs.4,09,000/- to Rs.6,19,000/- iii. The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. - 8 - HC-KAR NC: 2025:KHC-D:13764 MFA No. 20530 of 2013 iv. Respondent No.2 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, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 34