- 1 - HC-KAR NC: 2025:KHC:35774 MFA No. 4561 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4561 OF 2024 (MV-I) BETWEEN: MR. RATHNAKARA ACHARYA S/O. SESAPPA ACHARYA, AGED ABOUT 75 YEARS, R ESIDING AT DOOR NO. 1-15, SUBBALIKE HOUSE, NELLIKARU, MANGALURU, D.K. DISTRICT. - 574 107. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE) AND: 1. SANTHOSH ACHARYA S/O. KRISHNAMOORTHY ACHARYA, AGED ABOUT 38 YEARS, RESIDING AT D.NO. 1-93, GUDDEYANGADI, UDAYAWARA, UDUPI - 574 118. 2. THE DIVISIONAL MANAGER NEW INDIA ASSURANCE COM. LTD., OPP ATHENA HOSPITAL, FALNIR, MANGALURU, D.K. DISTRICT. - 575 004. …RESPONDENTS (BY SRI. DEEPU G, ADVOCATE FOR SRI. SRINIVASA K.N, ADVOCATE FOR R2; R1 - VIDE ORDER DATED 10.09.2025, NOTICE IS DISPENSED WITH) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35774 MFA No. 4561 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2023 PASSED IN MVC NO. 1921/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA, 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 At request of Sri. G. Ravishankar Shastry learned counsel for the appellant and Sri. Deepu.G who represents Sri. Srinivasa K.N learned counsel on record for respondent No.2 the matter is taken up for final hearing and disposal. 2. Only on the ground that the notional income taken by the tribunal is erroneous the present appeal is filed as per the submission made by learned counsel for the appellant. The appellant challenges the order that is rendered in M.V.C. 1921/2019 dated 21.10.2023 by the Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada. The claimant through the appeal seeks for enhancement in compensation. - 3 - HC-KAR NC: 2025:KHC:35774 MFA No. 4561 of 2024 3. The submission that is made by learned counsel for the appellant is that the appellant as welder was earning ₹19,500/- per month by the date of accident but the tribunal took the notional income as ₹10,000/- per month. Learned counsel submits that the accident occurred in the year 2019 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as ₹14,000/- per month and at least said figure should have been adopted by the tribunal. 4. The submission that is made by learned counsel who represents respondent No.2 is that there may be marginal enhancement by taking the notional income as ₹14,000/- per month and without disturbing other parameters. 5. Having considered the submission thus made by both the learned counsel, this Court considers desirable to take the notional income as ₹14,000/- per month. On applying all the parameters as applied by the tribunal, the compensation which the appellant is entitled to receive under the head loss of future earnings will be ₹75,600/- (14,000 x 12 x 5 x 9%). The Tribunal has granted a sum of Rs.54,000/- only under the said - 4 - HC-KAR NC: 2025:KHC:35774 MFA No. 4561 of 2024 head. Therefore, the enhancement will be ₹21,600/-. (75,600 - 54,000). 6. So far as loss of income during laid up period is concerned, the tribunal held that the appellant is entitled for compensation for loss of income for a period of 6 months which would have been the laid up period. Taking the notional income as ₹14,000/- per month loss of income during laid up period will be ₹84,000/-. However, the tribunal granted a sum of ₹60,000/- only under the said head. Therefore, the enhancement will be ₹24,000/- (84,000-60,000). Thus the total compensation which the appellant is entitled to receive in addition to the sum that is awarded by the tribunal as compensation is ₹45,600/- (21,600 + 24,000). 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, Mangaluru, D.K through - 5 - HC-KAR NC: 2025:KHC:35774 MFA No. 4561 of 2024 orders in M.V.C. No.1921/2019 dated 21.10.2023 is enhanced by Rs.45,600/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit, except for the period of delay of 134 days as per the orders in I.A No.1/2024. 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.: 12 CT: BHK