- 1 - HC-KAR NC: 2025:KHC-D:15519 MFA No. 102697 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102697 OF 2015 (MV-I) BETWEEN: MALATESH @ MAHADEV S/O. CHIKKAPPA DYAVANAKATTI, AGE: 28 YEARS, OCC: DRIVING WORK, R/O: BULLAPUR VILLAGE, TQ: HIREKERUR, NOW AT: KAVALETTU VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT (BY MISS. RESHMA MADIWALAR, ADVOCATE FOR SRI. PRUTHVI K.S., ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KSRTC, KOLAR, TQ. AND DIST: KOLAR. …RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT, 1988 PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 06.04.2015 PASSED BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIM TRIBUNAL, RANEBENNUR IN M.V.C. NO.743/2013, BY ENHANCING THE COMPENSATION AWARDED BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15519 MFA No. 102697 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Miss.Reshma who represents Sri.Pruthvi K.S., learned counsel on record for the appellant as well as Sri.S.C.Bhuti, learned counsel for the respondent. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.743/2013 dated 06.04.2015. This is a claimant's appeal. 3. The appellant who admittedly sustained two grievous injuries in a road traffic accident that occurred in the year 2013 filed a petition claiming compensation of Rs.11,50,000/- in total. The Tribunal through the impugned award granted a sum of Rs.1,19,430/- as compensation and aggrieved by the same, the present appeal is filed. - 3 - HC-KAR NC: 2025:KHC-D:15519 MFA No. 102697 of 2015 4. Arguing the matter, learned counsel for the appellant submits that the appellant as a Driver was earning Rs.15,000/- per month by the date of accident. However, the Tribunal took the notional income as Rs.4,500/- per month which is unjustifiable. Learned counsel states that the accident occurred in the year 2013 and for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.7,000/- per month and at least said figure should have been considered by the Tribunal. Learned counsel also states that the disability assessed by the Tribunal also requires modification. Learned counsel thereby seeks for enhancement in compensation. 5. The submission that is made by learned counsel for the respondent is that the Disability Certificate issued by PW-2 does not pertain to the appellant at all. Learned counsel states that at para 24 of the impugned order, there is a clear mention that PW-2 admitted that due to typographical mistake he has issued identical disability - 4 - HC-KAR NC: 2025:KHC-D:15519 MFA No. 102697 of 2015 certificate to another person by name Dyamappa. Record discloses justification in the submission thus made. The appellant admittedly sustained fracture of right humorous and fracture of left 8th rib. Considering the totality of evidence produced, this Court is of the view that the Tribunal did not err in taking the disability in respect of whole body as 6%. However, as sought for by learned counsel for the appellant, the notional income of the appellant is required to be taken as Rs.7,000/- per month. Thus, having taken the notional income as Rs.7,000/- per month and without disturbing other parameters that is application of appropriate multiplier ‘17’ and the disability in respect of whole body as 6%, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.85,680/- (Rs.7000 x 12 x 17 x 6%). 6. Also, having considered the nature of injuries sustained, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period - 5 - HC-KAR NC: 2025:KHC-D:15519 MFA No. 102697 of 2015 of 4 months. Thus, loss of earnings during laid up period comes to Rs.28,000/- (Rs.7,000 x 4). 7. Basing on the evidence produced and the discussion that is went on supra, this Court is of the view that the compensation which the appellant is entitled to receive is as follows: Heads Amount in Rs. Towards pain and suffering 30,000.00 Medical expenditure 19,350.00 Towards food, extra nourishment, attendant and conveyance charges 8,000.00 Loss of future earnings 85,680.00 Loss of income during laid up period 28,000.00 Loss of amenities in life 10,000.00 TOTAL 1,81,030.00 8. Thus, the aforementioned discussion makes it clear that the appellant is entitled to a sum of Rs.1,81,030/- as compensation. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. - 6 - HC-KAR NC: 2025:KHC-D:15519 MFA No. 102697 of 2015 (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in M.V.C. No.743/2013 dated 06.04.2015 is enhanced from Rs.1,19,430/- to Rs.1,81,030/-. (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 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/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 22