- 1 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101723/2018 (MV- I) BETWEEN: RAVASAHEB @ RAVASO SHANKAR SANKPARI, AGE: 53 YEARS, OCC: AGRICULTURE & PRIVATE SERVICE, NOW NIL, R/O: MALIKWADI, TQ: CHIKODI, DIST: BELAGAVI-590001. …APPELLANT (BY SRI. AKSHAY MENASINAKAI FOR SRI. SHIVARAJ S. BALLOLI, ADVOCATES) AND: THE DIVISIONAL CONTROLLER, N.W.K.R.T.C., CHIKODI, (OWNER OF BUS BEARING NO.KA-23/F-571). …RESPONDENT (BY SRI. I.C. PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE CLAIMS ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29/07/2016 PASSED IN MVC 1809/2014 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT CHIKODI AND ENHANCE THE COMPENSATION BY ALLOWING THE APPEAL TO MEET THE 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:13657 MFA No. 101723 of 2018 THIS APPEAL COMING ON FOR FURTHER ORDERS 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.Akshay Menasinakai, who represents Sri.Shivaraj S. Ballolli, learned counsel on record for the appellant, as well as the Sri. I. C. Patil, learned counsel for the respondent. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. The appellant, who filed a petition claiming compensation of Rs.10,00,000/- and was awarded compensation of Rs.91,200/-, is before this Court seeking enhancement. He challenges the order that is rendered by the Additional Motor Accident Claims Tribunal, Chikkodi (hereinafter referred to as ‘the Tribunal’, for brevity) in MVC No.1809/2014 dated 29.07.2016. - 3 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 3. Learned counsel for the appellant submits that the appellant sustained multiple grievous injuries in a road traffic accident and became disabled. Without considering the evidence that is brought on record, the Tribunal awarded very meagre sum as compensation and, aggrieved by the same, the present appeal is filed. The appellant’s counsel thereby seeks for enhancement of compensation. 4. On the other hand, the submission that is made by learned counsel for the respondent is that the appellant failed to establish in clear terms the aspect of disability and therefore, the compensation granted is justifiable. 5. The Tribunal, by appreciating the evidence of PWs 1 and 2, the evidence of RW1 and Exhibits P1 to P19, came to a conclusion that the appellant is entitled to a sum of Rs.91,200/- as compensation, and the same is payable by the respondent. The Tribunal - 4 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 opined that the appellant is entitled to a sum of Rs.46,200/- towards loss of future earnings, Rs.35,000/- towards medical expenses, Rs.5,000/- for pain and suffering, Rs.5,000/- for loss of amenities, special diet, conveyance charges, etc., and ultimately awarded a sum of Rs.91,200/- in toto. 6. By all the evidence produced, the appellant succeeded in establishing that he sustained fracture of the left clavicle, fractures of the 3rd to 5th metacarpal bones right, and a fracture of upper 3rd of right fibula. The Tribunal rightly assessed the disability in respect of the whole body as 7%, and therefore the same needs no interference. 7. Insofar as the earnings of the appellant as on the date of accident is concerned, as per his version, he was working as a watchman at Sri.Gurudatta Sugar Factory and was also doing agriculture, thereby - 5 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 earning Rs.25,000/- per month. He produced Exhibits P14 and P15 - salary certificates. He further produced Exhibits P16 and P17 - RTC extracts. However, the Tribunal took the notional income of the appellant as Rs.5,000/- per month. In light of the fact that the appellant failed to establish the genuineness of the documents produced, i.e., Exhibits P14 to P17, but taking into consideration the fact that the Karnataka State Legal Services Authority is taking the notional income for the relevant period as Rs.7,500/- per month for settlement of claims, this Court considers it desirable to take the notional income of the appellant as Rs.7,500/- per month as on the date of the accident. 8. Without disturbing other parameters, i.e., application of multiplier 11 and disability in respect of the whole body as 7%, the compensation which the appellant is entitled to receive under the head - 6 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 ‘Loss of future earnings’ will be Rs.69,300/- (Rs.7,500 × 12 × 11 × 7%). 9. Having considered the nature of injuries sustained and the treatment taken, this Court is of the view that the appellant is entitled to a sum of Rs.25,000/- towards pain and suffering, Rs.10,000/- towards food, extra nourishment, conveyance and attendant charges. 10. In light of the fact that the appellant sustained three fractures, this Court is of the view that the appellant would not have attended his normal pursuits at least for a period of three months. Therefore, loss of earnings during laid up period comes to Rs.22,500/- (Rs.7,500 × 3). 11. Therefore, the compensation which the appellant is entitled to receive under each head is as under: Pain and suffering Rs.25,000.00 Towards food, extra nourishment, conveyance Rs.10,000.00 - 7 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 and attendant charges Medical expenses Rs.35,000.00 Loss of future earnings Rs.69,300.00 Loss of income during laid up period Rs.22,500.00 Total Rs.1,61,800.00 12. Thus, by all the above discussion, it is clear that the compensation which the appellant is entitled to receive is Rs.1,61,800/-. 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 Additional Motor Accident Claims Tribunal, Chikkodi, through orders in MVC No.1809/2014 dated 29.07.2016, is enhanced from Rs.91,200/- to Rs.1,61,800/-. 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 - 8 - HC-KAR NC: 2025:KHC-D:13657 MFA No. 101723 of 2018 period of delay of 546 days as per orders in I.A.No.1/2018. iv. The respondent is directed to deposit the entire amount 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.: 21