- 1 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 101079 OF 2016 (MV-I) BETWEEN: PRAKASH S/O. NEELAPPA KOTAMBARI, AGE: 30 YEARS, OCC: NIL, R/O. PANIGATTI, TQ: SHIGGAON, DIST: HAVERI, NOW AT KELAGERI, TQ & DIST: DHARWAD. …APPELLANT (BY SRI. ANKIT DESAI, ADVOCATE FOR SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. GANESH S/O. PRAKASH THORBOLE, AGE: MAJOR, OCC: BUSINESS, R/O. NIMATWADI, SHIGGAON, TQ: DEOGAD, DIST: SINDHUDURG. 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., 2ND FLOOR, JUBILEE CIRCLE, P.B. ROAD, DHARWAD. …RESPONDENTS (BY SRI. M.K. SOUDAGAR, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD DATED 03.03.2016 IN M.V.C. NO.684/2011 AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION 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.Ankit Desai, who represents Sri.Mallikarjunswamy B. Hiremath, learned counsel on record for the appellant as well as Sri. M.K. Soudagar, learned counsel for respondent No.2. At request of both learned counsel, the matter is taken up for final hearing and disposal. 2. Challenge in this appeal is to the award passed by the Additional Motor Accident Claims Tribunal, Dharwad in MVC No.684/2011 dated 03.03.2016. This is a claimant’s appeal. - 3 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 3. Arguing the matter, learned counsel for the appellant contends that the appellant sustained grievous injuries in a road traffic accident. The appellant, by attending bar bending and centering work, was earning Rs.10,000/- per month. However, the Tribunal took the notional income of the appellant as Rs.4,500/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2011, and for the relevant period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.6,000/- per month and at least the said figure should have been adopted by the Tribunal. Learned counsel also states that the Tribunal took the disability in respect of the whole body as 10%. However, in light of the evidence produced, the disability is required to be taken as 40% in respect of the whole body. Learned counsel by submitting that the compensation granted under all heads is on lower side, seeks for enhancement in compensation. - 4 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 4. On the other hand, learned counsel for respondent No.2 contends that the disability assessed by the Tribunal is proper. Learned counsel, however, did not raise any objection for taking the notional income as Rs.6,000/- per month as sought for by the learned counsel for the appellant. 5. By all the evidence produced, the appellant succeeded in establishing that he sustained fractures of the right femur, right tibia and right fibula, and he took treatment as an inpatient at two different hospitals, i.e., GMC Medical College Hospital, Bambolim, Goa, and Dr.Bhaskar Rao Orthopaedic and Accident Care Centre, Hubli. 6. The Tribunal having considered the evidence that is brought on record, took the disability in respect of the whole body as 10%, which is justifiable. Thus, taking the notional income of the appellant as Rs.6,000/- per month, the disability in respect of the whole body as - 5 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 10% and applying the appropriate multiplier 16, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ will be Rs.1,15,200/- (6,000 × 12 × 16 × 10%). 7. Having considered the fact that the appellant took treatment as inpatient at two different intervals, i.e., from 06.04.2011 to 18.04.2011 and from 18.04.2011 to 21.06.2011, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of six months. Thus, loss of earnings during laid-up period comes to Rs.36,000/- (6,000 × 6). 8. Considering the totality of the evidence produced, this Court is of the view that the compensation which the appellant is entitled to receive under each head is as under: Head of Compensation Amount (Rs.) Pain and suffering 45,000.00 Food, extra nourishment, 20,000.00 - 6 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 conveyance and attendant charges Medical expenses 3,40,000.00 Loss of future earnings 1,15,200.00 Loss of income during laid-up period 36,000.00 Loss of amenities 25,000.00 Total 5,81,200.00 9. Thus, it is clear that the appellant is entitled to a sum of Rs.5,81,200/- as compensation. Therefore, the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. ii. The compensation granted by the Additional Motor Accident Claims Tribunal, Dharwad, through orders in MVC No.684/2011 dated 03.03.2016, is enhanced from Rs.5,08,900/- to Rs.5,81,200/-. - 7 - HC-KAR NC: 2025:KHC-D:14548 MFA No. 101079 of 2016 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 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.: 27