- 1 - HC-KAR NC: 2025:KHC:25765 MFA No. 1937 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 1937 OF 2020 (MV-I) BETWEEN: MR. SURESH D S/O DIVAKARAN, AGED 49 YEARS, RESIDING AT SAKTIMANDIRAM, KADAKIKODE POST, KARIPURA PANCHAYATH, KOLLAM DISTRICT, KERALA - 601 021. …APPELLANT (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. ABDUL RAHIMAN S/O B.K. MOHAMMAD, AGED 36 YEARS, R/AT KADAVINABAGILU HOUSE, ANDETHADKA POST, ILANTHILA VILLAGE, BELTHANGADY TALUK, D.K DISTRICT - 574 241. 2. RELIANCE GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE 4TH FLOOR, MAXIMUS COMMERCIAL COMPLEX, HAMPANAKATTA, MANGALURU D.K. DISTRICT, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25765 MFA No. 1937 of 2020 REPRESENTED BY ITS BRANCH MANAGER - 575 001. …RESPONDENTS (R2 - SERVED; VIDE ORDER DATED 28.02.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2019 PASSED IN MVC NO.768/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MACT, MANGALURU D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri. Ravishankar Shastry G, learned counsel for the appellant. 2. Though notice was served upon respondent No.2, respondent No.2 did not choose to contest the matter. Notice to respondent No.1 stood dispensed with. - 3 - HC-KAR NC: 2025:KHC:25765 MFA No. 1937 of 2020 3. Being dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada through orders in M.V.C. No.768/2016 dated 11.07.2019, the claimant is before this Court by way of appeal. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained two grievous and four simple injuries during the course of accident. He took extensive treatment but he is left with permanent disability. The appellant by doing ring making work of wells on contract basis was earning Rs.20,000/- to Rs.30,000/- per month. However, the Tribunal took the notional income of the appellant as Rs.7,500/- per month and awarded very meager sum as compensation under the head loss of future earnings. Learned counsel also states that the compensation granted under all other heads is also low and therefore the present appeal is filed. Learned counsel ultimately seeks for enhancement of compensation. 6. Admittedly, the appellant did not produce any substantial proof with regard to his actual occupation and - 4 - HC-KAR NC: 2025:KHC:25765 MFA No. 1937 of 2020 earnings by the date of accident. However, having considered the submission that is made by learned counsel for the appellant that the accident occurred in the year 2015 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.9,000/- per month, this Court considers desirable to take the notional income as Rs.9,000/- per month by the date of accident. 7. Having taken the notional income as Rs.9,000/- per month by the date of accident and without disturbing all other parameters the compensation which the appellant is entitled to receive under the head loss of future earnings will be Rs.1,12,320/- (9,000 x 12 x 13 x 8%). The tribunal through the impugned order awarded a sum of Rs.93,600/- only under the said head. Thus, the enhancement will be Rs.18,720/-. 8. Undoubtedly, the appellant sustained two grievous and four simply injuries. As rightly contended, a sum of Rs.20,000/- awarded under the head pain and suffering and Rs.2,250/- under the head loss of income during laid up period is grossly low. It is clearly brought on record that the appellant took treatment as inpatient for a period of 9 days. Having - 5 - HC-KAR NC: 2025:KHC:25765 MFA No. 1937 of 2020 considered the nature of injuries sustained this Court is of the view that the appellant would have taken bed rest atleast for a period of three months. Considering all these aspects this Court is of the view that globally the appellant is entitled to an enhanced sum of Rs.80,000/-. 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, Dakshina Kannada through orders in M.V.C. No.768/2016 dated 11.07.2019 is enhanced by Rs.80,000/-. 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. The 2nd respondent is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this order. - 6 - HC-KAR NC: 2025:KHC:25765 MFA No. 1937 of 2020 v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 43 CT: BHK