- 1 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.103655 OF 2016 (MV-I) BETWEEN: SHRINIVAS S/O. MAHADEVSA LADVA, AGE: 51 YEARS, OCC: BUSINESS, NOW NIL, R/O: MRUTHYUNJAYA NAGAR, P-B ROAD, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI-581115. …APPELLANT (BY SRI. GIRISH S. HULMANI, ADVOCATE) AND: 1. K.R. VIJAYAN S/O. K. RAMAN, AGE: MAJOR, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 OCC: BUSINESS, R/O: MANJUNATH SAW MILL, JYOTHI NAGAR, HIREMAGALUR, TQ & DIST: CHIKKAMANGALURU-577102. 2. THE DIVISIONAL MANAGER, NEW INDIA INSURANCE CO. LTD., A.M. ARCADE, C.G. HOSPITAL ROAD, DAVANGERE, TQ & DIST: DAVANGERE-577004. …RESPONDENTS (BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE TRIBUNAL IN M.V.C. NO.802/2014 DATED 1ST AUGUST 2016 AND ENHANCE THE COMPENSATION AS PRAYED FOR; COST OF THE APPEAL AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Girish S. Hulmani, learned counsel for the appellant who appears through Video Conference. Also heard Sri M.K.Soudagar, learned counsel for respondent No.2 who appears before this Court physically. 2. Challenge in this appeal is the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur, in MVC 802 of 2014 dated 01.08.2016. This is a claimant’s appeal. 3. Sri Girish S. Hulmani arguing on merits of the matter contends that the appellant sustained two grievous injuries and two simple injuries in a road traffic accident that occurred in the year 2014. As proprietor of Rajalaxmi Sales Corporation, Ranebennur and by maintaining a tata ace vehicle, the appellant was earning more than Rs.10,00,000/- per annum as on the date of accident. The appellant produced Exs.P.8 to P.10 income tax returns to establish not only his - 4 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 income as on the date of accident but also that the income diminished considerably after the date of accident. But without considering the evidence produced, the tribunal awarded very meager sum as compensation under ‘loss of future earnings’ and ‘loss of earnings during laid up period’. Learned counsel further submits that the compensation that is granted by the tribunal under all other heads is also on lower side and therefore by allowing the appeal, the compensation sought for may be granted. 4. Vehemently opposing the submission thus made, Sri M.K.Soudagar, learned counsel for respondent No.2 submits that the appellant can continue his profession by engaging any other person. Learned counsel also states that the injury sustained does not lead to such impairment for the appellant to attend his normal pursuits and thus there is no physical disability at all. Learned counsel ultimately states that the compensation granted by the tribunal is just and reasonable. - 5 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 5. It is not in dispute that the appellant sustained fracture of right tympatic plate of the temporal bone and fracture of multiple ribs which are grievous in nature and which were treated conservatively. Also it is not in dispute that the appellant took treatment as inpatient for a period of 16 days. As per the evidence produced, for the Assessment Year 2014-15 the gross total income is Rs.9,72,446/-, for the Assessment Year 2013-14 the gross income is Rs.10,03,195/- and for the Assessment Year 2015-16 the gross total income is Rs.5,86,163/-. The accident occurred in the year 2014. The contention of the appellant is that after the date of accident he could not concentrate on his business due to the injuries sustained and therefore the income decreased and same is evident by the contents of Ex.P.8 income tax returns filed for the Assessment Year 2015-16. 6. The version of the appellant is that by maintaining tata ace vehicle bearing registration No.KA.27/A.4526 and as proprietor of one Rajalaxmi Sales Corporation, he was earning the sum as mentioned in the income tax returns he filed. The - 6 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 manner of happening of accident as projected by the appellant which is approved by the tribunal and which is not challenged by respondent No.2 is that on 03.06.2014 while he was driving said tata ace vehicle, his vehicle was hit by a lorry and thereby the accident occurred. These facts give strength to the contention of the appellant that by maintaining the vehicle he had earnings as on the date of accident. 7. Having considered the fact that the appellant sustained two grievous injuries that is grievous injury to a temporal bone and the grievous injury to the ribs, this Court is of the view that the appellant would have taken bed rest at least for a period of four months. The Tribunal granted a sum of Rs.12,000/- only towards ‘loss of income during laid up period’. Having considered the earning of the appellant as on the date of accident, this Court is of the view that the compensation granted that is Rs.1,05,600/- towards ‘loss of future earnings’ is also on lower side. Further the compensation granted for ‘conveyance charges’, for ‘diet and extra-nourishment’, towards ‘attendant charges’ and towards - 7 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 ‘loss of amenities in life’ requires marginal enhancement. Therefore this Court is of the view that the compensation that is granted by the tribunal if enhanced by Rs.1,00,000/-, the sum which the appellant would receive as compensation will be justifiable. 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 Additional Motor Accident Claims Tribunal, Ranebennur, through orders in MVC 802/2014 dated 01.08.2016 is enhanced by Rs.1,00,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. - 8 - HC-KAR NC: 2025:KHC-D:15180 MFA No. 103655 of 2016 (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 26