- 1 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 5545 OF 2024 (MV-I) BETWEEN: RAHAMATHULLA S/O ABDUL REHMAN AGED ABOUT 57 YEARS FARMER AND BUSINESSMEN R/O DASIHALLI VILLAGE KASABA HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 101. …APPELLANT (BY SRI. M.B. RYAKHA, ADVOCATE) AND: 1. M/S. NYK AUTO LOGISTICS INDIA PVT. LTD., 12TH FLOOR, WINDFALL BUILDING SAHARA PLAZA COMPLEX, MATHURADAS VASANJI ROAD, ANDHERI (E), MUMBAI - 40059 MAHARASHTRA STATE. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, NO. 914/915, BURHANI MANSION NETAJI SUBHAS CHANDRA BOSE MARG TAPAL NAKA PANVEL, RAIGAD, MAHARASHTRA - 410 206, HAVING ITS DIVISIONAL OFFICE AT Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 1ST FLOOR, JAYADEVA COMPLEX, B.H. ROAD, TUMKUR. …RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.06.2024 PASSED IN MVC NO.825/2022 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU (SITTING AT TIPTUR), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. M.D. Ryakha learned counsel for the appellant as well as Sri. H.C.Vrushabhendraiah learned counsel for respondent No.2. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Tumkur through orders in M.V.C. No.825/2022 dated - 3 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 27.06.2024 the present appeal is filed by the claimant therein. 3. Arguing on the merits of the matter, learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident and became permanently and completely disabled. He took treatment as inpatient for more than 40 days. The appellant as a farmer and by doing business was earning more than Rs.30,000/- per month by the date of accident. But due to the injuries sustained he is unable to do any work. The tribunal for the reasons best known, took the notional income as Rs.8,000/- per month unjustifiably. Learned counsel contents that the accident occurred in the year 2022 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.15,500/- per month for settlement of claims and atleast the said figure should have been considered by the tribunal. Learned counsel also states that the tribunal - 4 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 failed to award justifiable sum under any head and thus the appeal is required to be allowed. 4. On the other hand the submission that is made by learned counsel for respondent No.2 is that the appellant failed to produce any substantive proof with regard to his occupation and income by the date of accident. The tribunal having considering all the factual aspects awarded justifiable sum and therefore the appeal is not maintainable. 5. It is not in dispute that the appellant succeeded in establishing that he sustained lacerated wound below right shoulder joint with exposed soft tissue, swelling present in right forearm and below elbow joint, abrasion over right forearm, abrasion over right arm and he was found with nasal bleed at the time of admission. Equally, it is not in dispute that the appellant took extensive treatment by spending more than Rs.5,00,000/-. The appellant however failed to establish his actual occupation and earnings by the date of accident. But, considering the submission that - 5 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 is made by learned counsel for the appellant, this Court is of the view that the notional income is required to be taken at Rs.15,500/- per month. Thus, on taking the notional income as Rs.15,500/- per month and without disturbing other parameters i.e., the permanent disability in respect of whole body as 13.33% and multiplier to be applied as '5', the compensation which the appellant is entitled under the head loss of future earnings is as under :- Heads Amount in Rs. Notional income 15,500-00 Annual income 1,86,000-00 On applying appropriate multiplier '5' 9,30,000-00 Loss of future earnings, permanent physical disability in respect of whole body being 13.33% 1,23,969-00 6. The tribunal awarded a sum of Rs.64,000/- only under the head loss of future earnings. However, the appellant is entitled to a sum of Rs.1,23,969/-. Thus, the enhancement will be Rs.59,969/- (Rs.1,23,969/- - Rs.64,000/-). Also having considered the nature of injuries - 6 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 sustained and the fact that the appellant underwent a surgery also, this Court is of the view that the appellant would have taken bed rest at least for a period of three months. Thus, loss of earnings during laid up period comes to Rs.46,500/-. (15,500 x 3). The tribunal awarded a sum of Rs.8,000/- only under the said head. Thus, the enhancement will be Rs.38,500/- (Rs.46,500 - 8,000). The tribunal failed to award any sum towards transportation charges. Having considered the details produced in respect of the treatment taken, this Court is of the view that the appellant would have spent atleast Rs.5,000/- towards transportation charges. Therefore, the appellant is entitled for the said sum. Also having considered the nature of injuries sustained this Court is of the view that the appellant is entitled to a sum of Rs.50,000/- under the head pain and suffering. The tribunal awarded a sum of Rs.40,000/- only under the said head. Thus, the enhancement will be Rs.10,000/- (50,000 - 40,000). Thus, the total sum which the appellant is entitled to in addition to the sum that is awarded by the tribunal as - 7 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 compensation is Rs.1,13,469/- (59,969 + 38,500 + 5,000 + 10,000). 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 Motor Accident Claims Tribunal, Tumkur through orders in M.V.C. No.825/2022 dated 27.06.2024 is enhanced by Rs.1,13,469/-. 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 order. - 8 - HC-KAR NC: 2025:KHC:31261 MFA No. 5545 of 2024 v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 6 CT: BHK