- 1 - HC-KAR NC: 2025:KHC-D:14705 MFA No. 102817 of 2014 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. 102817 OF 2014 (MV-I) BETWEEN: CHANNAPPA YALLAPPA ALNAVAR, AGE: 44 YEARS, OCC: AGRICULTURAL, R/O. AVARADI, TQ: BAILHONGAL, DIST: BELAGAVI. …APPELLANT (BY SRI. UMESH C. AINAPUR, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, NWKSRTC, BELGAUM. …RESPONDENT (BY SRI. I.C. PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND AWARD PASSED BY SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T., BAILHONGAL IN M.V.C.NO.927/2012 DATED 19.11.2013 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 HEARING 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:14705 MFA No. 102817 of 2014 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Umesh C.Ainapur, learned counsel for the appellant as well as Sri.I.C.Patil, learned counsel for the respondent. 2. Being aggrieved by the sum that is awarded as compensation, the claimant in M.V.C. No.927/2012 which stood pending before the Additional Motor Accident Claims Tribunal, Bailhongal (hereinafter referred to as ‘the Tribunal’ for brevity) and was disposed of through order dated 19.11.2013 is before this Court. 3. Learned counsel for the appellant submits that the appellant sustained multiple grievous injuries in the road traffic accident and he is left with permanent physical disability. He took extensive treatment as inpatient. But without considering these facts, the Tribunal awarded meager sum as compensation. Learned counsel further - 3 - HC-KAR NC: 2025:KHC-D:14705 MFA No. 102817 of 2014 submits that as an agricultural coolie, the appellant was earning Rs.10,000/- per month. But the Tribunal took the notional income of the appellant as Rs.5,000/- per month. Learned counsel states that the accident occurred in the year 2011 and for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.6,000/- per month for settlement of claims and at least said figure should have been considered by the Tribunal. Learned counsel ultimately seeks for enhancement in compensation under all heads. 4. Learned counsel for the respondent submits that except marginal enhancement in respect of loss of future earnings, there are no grounds to interfere with the impugned award. 5. By all the evidence produced, the appellant succeeded in establishing that he sustained segmental fracture of right femur, fracture of distal end of left radius and fracture of mandible on right side. Subjecting the - 4 - HC-KAR NC: 2025:KHC-D:14705 MFA No. 102817 of 2014 evidence of PW-3 to scrutiny, the Tribunal rightly took the disability in respect of whole body as 18% which needs no interference. Considering the submission thus made by the learned counsel for the appellant, this Court is of the view that the notional income is required to be taken as Rs.6,000/- per month. Thus, having taken the notional income as Rs.6,000/- per month, the disability in respect of whole body as 18% and on applying appropriate multiplier ‘14’, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.1,81,440/- (Rs.6,000 x 12 x 14 x 18%). The Tribunal granted a sum of Rs.1,51,200/- only under this head. Thus the enhancement will be Rs.30,240/- (Rs.1,81,440 – Rs.1,51,200). 6. In the light of the grievous injuries sustained and the treatment taken, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 6 months. Thus, loss of earnings during laid up period comes to Rs.36,000/- (Rs.6,000 x 6). The Tribunal granted a sum of Rs.20,000/- only under the said - 5 - HC-KAR NC: 2025:KHC-D:14705 MFA No. 102817 of 2014 head. Therefore, the enhancement will be Rs.16,000/- (Rs.36,000 – Rs.20,000). So far as the compensation that is granted under other heads is concerned, the same is justifiable and therefore needs no interference. 7. Thus, the total sum which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is Rs.46,240/- (Rs.30,240 + Rs.16,000). 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, Bailhongal through orders in M.V.C. No.927/2012 dated 19.11.2013 is enhanced by Rs.46,240/-. - 6 - HC-KAR NC: 2025:KHC-D:14705 MFA No. 102817 of 2014 (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 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 RH CT-MCK List No.: 1 Sl No.: 69