- 1 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100033 OF 2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 103436 OF 2019 IN M.F.A. NO.100033/2019 BETWEEN: THE DIVISIONAL MANAGER, NWKRTC, HAVERI, REP: DULY CONSTITUTED AUTHORITY, CHIEF LAW OFFICER, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI. …APPELLANT (BY SRI. M.K. SOUDAGAR, ADVOCATE) AND: VITTAL S/O. NARAYANAPPA MURUDESHWAR, AGE: 40 YEARS, OCC: GOLDSMITH WORK, R/O. HIREKERUR TOWN, TAL: HIREKERUR, DIST: HAVERI-581111. …RESPONDENT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO CALL FOR RECORDS IN CASE M.V.C. NO.63/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, HIREKERUR AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.02.2018 PASSED IN M.V.C. NO.63/2013 BY ALLOWING THIS APPEAL WITH COST AND GRANT SUCH OTHER GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 AND/OR FURTHER RELIEF’S, AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO. NO. 103436/2019 BETWEEN: SHRI VITTAL S/O. NARAYANAPPA MURUDESHWAR, AGE: 39 YEARS, OCC: GOLDSMITH WORK (NOW NIL), R/O. VIDYANAGAR, CHIKKERUR ROAD, HIREKERUR TOWN-581111, DIST: HAVERI. …APPELLANT (BY SRI. SIDDAPPA SAJJAN, ADVOCATE) AND: THE DIVISIONAL MANAGER, NWKRTC, HAVERI-581115, DIST: HAVERI. …RESPONDENT (BY SRI. M.K. SOUDAGAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 09.02.2018 IN M.V.C. NO.63/2013 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HIREKERUR BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.M.K.Soudagar learned counsel for the appellant in MFA No.100033/2019 who is also representing the respondent in the connected appeal. Heard Sri.Siddappa Sajjan learned counsel for the appellant in MFA No.103436/2019 who is also representing the respondent in the connected matter. 2. These two appeals are the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Hirekerur (hereinafter referred to as ‘the Tribunal’ for brevity) in MVC No.63/2013 dated 09.02.2018. 3. As against the claim for Rs.27,00,000/- in total, the Tribunal through the impugned award granted a sum of Rs.12,02,000/- as compensation. Respondent to the said claim petition contends that the said amount is exorbitant. The claimant projects the sum granted is grossly less. - 4 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 4. Arguing the matter, Sri.M.K.Soudagar learned counsel who represents NWKRTC (hereinafter after referred to as ‘the Corporation’ for brevity) submits that the appellant did not produce any evidence whatsoever to establish that he is a Goldsmith by profession. The Tribunal also observed the same in the impugned order. However, the Tribunal took the notional income as Rs.8,000/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2011 and for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking the notional income as Rs.6,000/- per month and therefore the Tribunal ought to have taken the notional income as Rs.6,000/- per month. Learned counsel further submits that the compensation granted by the Tribunal under all other heads is also on lower side. 5. Vehemently opposing the said submission, Sri.Siddappa Sajjan learned counsel for the claimant states that the claimant’s right upper limb became totally dis-functional due to the accident. Hence the Tribunal ought - 5 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 to have taken the functional disability as 100% but not 50%. Learned counsel also submits that the Tribunal failed to add future prospects. Learned counsel further contends that the sum granted as compensation is on lower side and therefore the claimant filed an appeal seeking enhancement in compensation. 6. It is not in dispute that the claimant sustained crush injury to the right elbow with fracture of right humerus and proximal radius bone with dislocation of right elbow joint. As per the evidence of PW-2 and the Disability Certificate produced, the total permanent physical disability is 70%. Taking into consideration the totality of evidence produced, the Tribunal took disability in respect of whole body as 50%. As rightly contented by learned counsel for the Corporation, no evidence whatsoever is produced by the claimant which convincingly establishes that he is a Goldsmith by profession. Therefore as rightly projected by the learned counsel for the Corporation, the notional income of the claimant is required to be taken as Rs.6,000 per - 6 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 month. But as rightly submitted by the learned counsel for the claimant, the Tribunal ought to have added future prospects. Therefore taking the notional income of the claimant as Rs.6,000/- per month, adding 40% of the earnings towards future prospects in the light of the fact that the claimant was aged around 35 years by the date of accident, applying appropriate multiplier ‘16’ and taking the disability in respect of whole body as 50%, the compensation which the claimant is entitled to receive under the head loss of future earnings is Rs.8,06,400/- (6,000 X 12 + 40% X 16 X 50%). The Tribunal through the impugned order awarded a sum of Rs.7,68,000/- as compensation towards loss of future earnings. Thus the additional sum which the claimant is entitled to receive under the head loss of future earnings is Rs.38,400/- (8,06,400 - 7,68,000). 7. The Tribunal awarded a sum of Rs.50,000/- towards pain and suffering, Rs.1,59,000/- towards medical expenses, Rs.1,00,000/- towards diet, nourishment, - 7 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 attendant and conveyance charges, Rs.1,00,000/- towards loss of income during laid up period and Rs.25,000/- towards loss of amenities. In the light of the injuries sustained, treatment taken and the disability with which the claimant is left with, this Court is of the view that the said amount is justifiable. Therefore this Court holds that the appeal filed by the Corporation deserves dismissal and the appeal filed by the claimant is required to be allowed in part. Therefore both the appeals are disposed of with the following: ORDER (i) MFA No.100033/2019 is dismissed. (ii) MFA No.103436/2019 is allowed in part. (iii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Hirekerur through orders in M.V.C. No.63/2013 dated 09.02.2018 is enhanced by Rs.38,400/-. - 8 - HC-KAR NC: 2025:KHC-D:13751 MFA No. 100033 of 2019 C/W MFA No. 103436 of 2019 (iv) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (v) The Corporation is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (vi) On such deposit, the claimant is permitted withdraw the entire amount. (vii) Amount if any in deposit be transmitted to the concerned Tribunal forthwith. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 21