- 1 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 103662 OF 2016 (MV-I) BETWEEN: MR. MALLAPPA S/O. SATTEPPA MUTNALE, AGE: 34 YEARS, OCC: COOLIE, R/O: NERLI VILLAGE, TAL: HUKKERI, DIST: BELAGAVI, PRESENTLY KAKATI, TAL & DIST: BELAGAVI-590018. …APPELLANT (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. MR. CHANNAPPA VIRUPAXI KOTIWALE, AGE: MAJOR, OCC: BUSINESS, R/O: KHAJAGANATTI THOTA, KAROSHI, TAL: CHIKKODI, DIST: BELAGAVI-591213 2. THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022. …RESPONDENTS (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE FOR SRI. SURESH S. GUNDI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE CLAIMS ACT PRAYING TO THE JUDGMENT AND AWARD DATED 18/04/2016 IN MVC NO.1369/2014 BY THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN AWARDING THE COMPENSATION OF RS.4,02,400/- AND INTEREST AT RATE OF 9% FROM THE DATE OF PETITION AND MAY BE KINDLY MODIFIED BY ENHANCING TO RS.5,97,600/- WITH 18% INTEREST, 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.Vitthal S. Teli, learned counsel for the appellant as well as Sri. Rajshekhar S. Arani who represents Sri.Suresh S. Gundi, learned counsel on record for respondent No.2. At request of both the learned counsel, matter is taken up for final hearing and disposal. 2. Aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Belagavi (hereinafter be referred to as ‘the Tribunal’, - 3 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 for brevity) through orders in MVC No.1369/2014, the claimant therein preferred the present appeal seeking enhancement in compensation. 3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained multiple grievous injuries in a road traffic accident and those injuries resulted in permanent physical disability. The appellant took treatment as an inpatient for a long period, but he is left with shortening of his right lower limb by half inch. Learned counsel states that by doing coolie work, the appellant was earning Rs.10,000/- per month. However, the Tribunal took the notional income as Rs.6,000/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2014 and for the relevant period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.7,500/- per month and at least the said figure should have been adopted by the Tribunal. Learned counsel also states that the - 4 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 Tribunal failed to award any sum as compensation towards ‘loss of earning during laid-up period’. Learned counsel thereby seeks for enhancement in compensation. 4. The submission that is made by learned counsel for respondent No.2 is that, the Tribunal subjecting the evidence to scrutiny, has awarded a justifiable sum as compensation, however, in the light of the submission that is made by learned counsel for the appellant, the notional income can be taken as Rs.7,500/-. 5. It is not in dispute that the appellant sustained comminuted compound Grade-IV fracture of right lateral condyle of right femur with intra-articular extension bone of the right leg and fracture superior pole of the right patella. By all the evidence produced, the appellant succeeded in establishing that he took treatment as inpatient for about 2½ months and the - 5 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 injuries sustained to the right leg resulted in shortening of the right lower limb by half inch. 6. The Tribunal took the disability in respect of the whole body as 20%, which needs no interference. Having found justification in the submission that is made by learned counsel for the appellant, this Court considers it desirable to take the notional income of the appellant as Rs.7,500/- per month. 7. Having taken notional income as Rs.7,500/- per month and without disturbing other parameters, i.e., application of appropriate multiplier 16 and the disability in respect of the whole body as 20%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.2,88,000/- (Rs.7,500 × 12 × 16 × 20%). 8. As rightly contended by counsel for the appellant, the Tribunal failed to award any sum as compensation towards ‘loss of earning during laid-up period’. The - 6 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 appellant took treatment as inpatient for about 2½ months. Also this Court is of the view that as one of the lower limbs got shortened by half inch due to the injury sustained, the appellant could not have attended his normal pursuits at least for a period of seven months. Therefore, ‘loss of earning during laid- up period’ comes to Rs.52,500/- (Rs.7,500 × 7). 9. Further this Court is of the view that the sum granted towards pain and suffering, diet, attendant charges etc., requires marginal enhancement. Thus, the compensation which the appellant is entitled to receive under each head is as follows: Head of compensation Amount(Rs.) Pain and suffering 60,000.00 Food, extra nourishment, attendant and conveyance charges 20,000.00 Loss of future earnings 2,88,000.00 Loss of income during laid-up period 52,500.00 Medical expenditure 72,000.00 - 7 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 Loss of amenities in life 30,000.00 Total 5,22,500.00 10. Thus, it is clear that the appellant is entitled to a sum of Rs.5,22,500/- towards compensation. Therefore, the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. ii. Compensation that is granted by the Motor Accident Claims Tribunal, Belagavi, through orders in MVC No.1369/2014 dated 18.04.2016, is enhanced from Rs.4,02,400/- to Rs.5,22,500/- 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 - 8 - HC-KAR NC: 2025:KHC-D:14864 MFA No. 103662 of 2016 from the date of receipt of certified copy of this judgment. v. On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 37