- 1 - HC-KAR NC: 2025:KHC-D:14679 MFA No. 102614 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102614 OF 2015 (MV-I) BETWEEN: YALLAMMA W/O. GALEPPA KUNCHIKORAVAR, AGE: 46 YEARS, OCC: COOLIE WORK, NOW NIL, R/O. & TQ: HARIHARA, DIST : DAVANGERE. …APPELLANT (BY SRI. GIRISH S. HULMANI, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KRSTC, MYSORE DIVISION, MYSORE, TQ & DIST: MYSORE. …RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT 1988, PRAYING TO CALL FOR RECORDS FROM THE PRL. SENIOR CIVIL JUDGE AND M.A.C.T. RANEBENNUR; MODIFY THE JUDGMENT AND AWARD PASSED BY THE JUDGE IN M.V.C.NO.58/2014 DATED 22ND MAY 2015 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: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14679 MFA No. 102614 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Girish S. Hulmani learned counsel for the appellant as well as Sri S.C. Bhuti learned counsel for the respondent. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Ranebennur, in MVC 58 of 2014 dated 22.05.2015. This is a claimant's appeal. 3. Projecting that she sustained grievous injuries in a road traffic accident that occurred in the year 2013, the appellant filed a petition claiming compensation of Rs.11,50,000/- in total. The tribunal through the impugned award granted a sum of Rs.1,48,500/- as compensation. The version of the appellant is that she is entitled to a higher sum. 4. Arguing on merits of the matter, learned counsel for the appellant submits that the appellant sustained two grievous injuries in the road traffic accident. The injuries resulted in permanent physical disability. Though evidence - 3 - HC-KAR NC: 2025:KHC-D:14679 MFA No. 102614 of 2015 was produced, establishing all the aspects of the case, the tribunal awarded very meagre sum as compensation. Learned counsel submits that the appellant by doing coolie work was earning Rs.15,000/- per month, but the tribunal took the national income as Rs.4,000/- per month unjustifiably. Learned counsel contends that the accident occurred in the year 2013 and for the relevant period the High Court Legal Services Committee, Dharwad Bench is taking the national income as Rs.7,000/- per month for settlement of claims and at least said figure should have been adopted by the tribunal. Learned counsel thereby seeks for enhancement in compensation. 5. The submission that is made by learned counsel for the respondent on the other hand is that the compensation that is granted by the tribunal under all heads except towards ‘loss of future earnings’ is justifiable and so far as ‘loss of future earnings’ are concerned there may be marginal enhancement, in the light of the submission that is made by learned counsel for the appellant. - 4 - HC-KAR NC: 2025:KHC-D:14679 MFA No. 102614 of 2015 6. It is not in dispute that the appellant sustained fracture of L1 vertebra and fracture of right tibia which are grievous in nature. By all the evidence produced, the appellant succeeded in establishing that she took treatment as inpatient for 22 days. 7. Having considered the submission that is made by learned counsel for the appellant regarding the notional income to be taken, this Court considers desirable to take the notional income of the appellant as Rs.7,000/- per month. On taking the notional income as Rs.7,000/- per month and without disturbing other parameters i.e., application of appropriate multiplier ‘14’ and a disability in respect of whole body as 10%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.1,17,600/- (7,000x12x14x10%). 8. In the light of the fact that the appellant sustained two grievous injuries and she took treatment as inpatient for more than 20 days, this Court is of the view that the appellant could not have attended her normal pursuits at least for a - 5 - HC-KAR NC: 2025:KHC-D:14679 MFA No. 102614 of 2015 period of 5 months. Thus, ‘loss of earnings during laid up period’ comes to Rs.35,000/- (7,000x5). 9. Considering the totality of evidence produced, the compensation which the appellant is entitled to receive under each head is as under: Heads Amount in Rs. Towards pain and suffering 30,000.00 Towards medical expenses 28,250.00 Towards food, extra nourishment, attendant and conveyance charges 15,000.00 Loss of income during laid up period 35,000.00 Loss of future earnings 1,17,600.00 Loss of amenities in life 15,000.00 Total 2,40,850.00 10. Thus it is clear that the appellant is entitled to a sum of Rs.2,40,850/- as compensation. However the tribunal awarded a sum of Rs.1,48,500/- only as compensation. Therefore the appeal is disposed of with following: ORDER (i) The appeal is allowed in part. - 6 - HC-KAR NC: 2025:KHC-D:14679 MFA No. 102614 of 2015 (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Ranebennur, through orders in MVC 58 of 2014 dated 22.05.2015 is enhanced from Rs.1,48,500/- to Rs.2,40,850/-. (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 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (v) On such a deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 20