- 1 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4349 OF 2024 (MV-I) BETWEEN: LOHITHA S C S/O. CHANNEGOWDA, AGED ABOUT 27 YEARS, R/O. SAMUDRAVALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK - 573 212. …APPELLANT (BY SRI. RAVI M.M..,ADVOCATE) AND: 1. DINESHA S/O. RAJEGOWDA, AGED MAJOR, R/O. SAMUDRAVALLI VILLAGE, KIDB CIRCLE HOLENARASIPUR ROAD, HASSAN - 573 201 (OWNER OF TRACTOR BEARING REG. NO. KA-46-T-5886 AND TRAILER NO. KA-46-T-5887) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 2. THE MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, CHANDANA COMPLEX, HARSHAMAHAL ROAD, HASSAN - 573 201. (POLICY NO. 67190331190100001103 VALID FROM 20.07.2019 TO 19.07.2020) …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R2; R1 - VIDE COURT ORDER DATED 12.11.2024, NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.03.2024 PASSED IN MVC NO.1024/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 ORAL JUDGMENT At request of Sri. Ravi M.M learned counsel for the appellant as well as Sri. C.R.Ravishankar learned counsel for respondent No.2, the matter is taken up for final hearing and disposal. 2. The claimant in M.V.C. 1024/2020 that stood pending before the Motor Accident Claims Tribunal, Hassan and was disposed of through order dated 07.03.2024 is before this Court seeking enhancement of compensation. 3. On the ground that he sustained injuries in a road traffic accident, the appellant filed a petition claiming compensation of ₹12,00,000/- in total. The tribunal through the impugned order awarded a sum of ₹4,07,609/- as compensation. The version of the appellant is that he is entitled to a higher sum. 4. Learned counsel for the appellant, arguing the matter, submits that the appellant sustained 2 simple and 2 grievous injuries in the road traffic accident. The appellant by attending agricultural work was earning ₹20,000/- per month. However, - 4 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 the tribunal took the notional income of the appellant as ₹13,000/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2020 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as ₹14,500/- per month and at least said figure should have been adopted by the tribunal. Learned counsel also states that the compensation granted by the tribunal under all other heads is also on lower side. Learned counsel ultimately seeks for enhancement in compensation. 5. Per contra learned counsel for respondent No.2 contends that the compensation that is granted by the tribunal is highly justifiable. 6. The tribunal through the impugned order awarded a sum of ₹4,07,609/- divided under following heads:- Heads Amount in Rs. Towards pain and sufferings 45,000.00 Medical expenses 70,623.00 Towards attendant charges, Nourishment of food and Conveyance 7,000.00 Towards discomfort and loss of amenities 10,000.00 Loss of earnings during laid up period 13,000.00 - 5 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 Loss of future income 2,61,986 Total 4,07,609.00 7. It is not in dispute that the appellant sustained fracture of right tibia and fracture of right fibula which are grievous in nature and abrasion over right knee and abrasion over right foot which are simple in nature. 8. Having considered the nature of injuries sustained this Court is of the view that the appellant is entitled to a sum of ₹60,000/- towards pain and suffering. Also the appellant is entitled to a sum of ₹15,000/- towards food, extra nourishment, attendant and conveyance charges. 9. In the light of the grievous injuries sustained which are two in number and 2 simple injuries, this Court is of the view that the appellant would not have attended his normal pursuits at least for a period of four months. Having considered the submission that is made by learned counsel for the appellant, this Court considers desirable to take the notional income of the appellant as ₹14,500/- per month. Thus, loss of earnings during laid up period comes to ₹58,000/- (14,500 x 4). - 6 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 10. So far as loss of future earnings are concerned, without disturbing other parameters that is applying multiplier '18' and taking the disability in respect of whole body as 9.33%, on taking the notional income as Rs.14,500/- per month, the compensation which the appellant is entitled to receive under the head loss of future earnings is ₹2,92,215.6/- (14,500 x 12 x 18 x 9.33%) Rounded to ₹2,92,216/-. Thus, the compensation which the appellant is entitled to receive under each head is as under:- Heads Amount in Rs. Compensation for pain and suffering 60,000.00 Medical expenses 70,623.00 Towards food, extra nourishment, attendant and conveyance charges 15,000.00 Loss of amenities in life 10,000.00 Loss of earnings during laid up period 58,000.00 Loss of future earnings 2,92,216.00 Total 5,05,839.00 11. Thus, the appellant is entitled to a sum of ₹5,05,839/- as compensation. Therefore, the appeal is disposed of with the following:- - 7 - HC-KAR NC: 2025:KHC:36975 MFA No. 4349 of 2024 ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Hassan through orders in M.V.C. No.1024/2020 dated 07.03.2024 is enhanced from ₹4,07,609/- to ₹5,05,839/-. 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/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 79