- 1 - HC-KAR NC: 2025:KHC-D:14863 MFA No. 102967 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102967 OF 2016 (MV-I) BETWEEN: NASEER NOOR AHMAD CHOWTI, AGED ABOUT 22 YEARS, OCC: MASON, R/O. GANESHNAGAR, SIRSI, UTTAR KARNATAKA. …APPELLANT (BY SRI. K. RAGHAVENDRA RAO AND SMT. V. VIDYA, ADVOCATES) AND: THE MANAGING DIRECTOR, N.W.K.R.T.C, REP. BY THE DIVISIONAL CONTROLLER, K.S.R.T.C., MANGALURU DIVISION, MANGALURU. …RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09.07.2015 PASSED BY THE FIRST ADDITIONAL DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI IN MVC NO.155/2014 AND ENHANCE THE COMPENSATION AWARDED BY THE TRIBUNAL AND ALLOW THIS APPEAL WITH COST AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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 Date: 2025.11.05 12:39:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14863 MFA No. 102967 of 2016 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Ms. V. Vidya, learned counsel for the appellant. No representation on respondent's side on call. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, U.K. Karwar sitting at Sirsi (hereinafter be referred to as ‘the Tribunal’, for brevity) in MVC No.155/2014 dated 09.07.2015. This is a claimant's appeal. 3. The appellant projecting that he sustained grievous injuries in a road traffic accident that occurred in the year 2014, filed a petition claiming compensation of Rs.10,00,000/- in total. The Tribunal through the impugned award granted a sum of Rs.1,07,100/- as compensation. The version of the appellant is that he is entitled to a higher sum. - 3 - HC-KAR NC: 2025:KHC-D:14863 MFA No. 102967 of 2016 4. Ms. Vidya, learned counsel for the appellant, submits that the appellant sustained a grievous injury apart from two other simple injuries in a road traffic accident. As a mason, appellant was earning more than Rs.9,000/- per month as on the date of accident. But due to the grievous injuries sustained, he became permanently and completely disabled. Though the appellant established the nature of injuries sustained and the treatment taken, the Tribunal failed to award any sum as compensation towards ‘loss of future earnings’. Learned counsel also states that the compensation that is granted by the Tribunal in total is also on the lower side. Learned counsel thereby seeks for enhancement in compensation. 5. As rightly projected, appellant succeeded in establishing that he sustained one grievous injury and two simple injuries. The appellant also established that he took treatment as an in-patient for a period of 11 days. However, the appellant failed to produce any - 4 - HC-KAR NC: 2025:KHC-D:14863 MFA No. 102967 of 2016 proof to establish the alleged permanent physical disability. Also, the appellant failed to produce any evidence to establish his occupation and earnings as on the date of accident. 6. The Tribunal granted a sum of Rs.25,000/- towards ‘pain and suffering’, Rs.5,000/- towards ‘food, nourishment, transportation and conveyance charges’, Rs.53,000/- towards ‘medical expenditure’, Rs.18,000/- towards ‘loss of income during laid-up period’, Rs.1,100/- towards ‘attendant charges’ and Rs.5,000/- towards ‘loss of comforts and amenities in life’. As the appellant failed to establish the alleged physical disability, this Court is of the view that the appellant is not entitled for any compensation towards ‘loss of future earnings’. However, the compensation that is granted towards loss of income during laid-up period, attendant charges and loss of amenities is on lower side. Therefore, this Court is of the view that - 5 - HC-KAR NC: 2025:KHC-D:14863 MFA No. 102967 of 2016 globally the appellant is entitled to an additional sum of Rs.20,000/-. 7. Hence, 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, U.K. Karwar sitting at Sirsi through orders in MVC No.155/2014 dated 09.07.2015 is enhanced by Rs.20,000/-. iii. 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 342 days as per orders in I.A.No.1/2016. 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. - 6 - HC-KAR NC: 2025:KHC-D:14863 MFA No. 102967 of 2016 v. On deposit, appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 35