- 1 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100749 OF 2020 (MV-I) BETWEEN: T. GAJENDRA S/O. MARAGADAPPA, AGED AOBUT 28 YEARS, AGRICULTURIST-CUM-DRIVER, RESIDENT OF CHILAKANAHATTI VILLAGE IN HOSAPETE TALUK, BALLARI DISTRICT. …APPELLANT (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. A. AMARNATH S/O. H. AMARESHAPPA, AGED ABOUT 20 YEARS, DRIVER OF CAR BEARING REGN.NO.KA-37/M-1760, R/O. C-13, M.P.P. NAGARA, HUVINA HADAGALI TOWN, BALLARI DISTRICT. 2. H. AMBARISH S/O. H. NINGAPPA, AGED ABOUT 45 YEARS, OWNER OF CAR BEARING REGN.NO.KA-37/M-1760, R/O: 8TH WARD, C-13, M.P.P. NAGARA, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 HOLAGUNDI ROAD, HUVINAHADAGALI TOWN, BALLARI DISTRICT. 3. THE MANAGER, NATINAL INSURANCE COMPANY LIMITED, BY ITS DIVISIONAL OFFICE, PARVATHI NAGARA, BALLARI, (POLICY BEARING NO.616013311610000911, VALID FROM 24/03/2017 TO 23/03/2018. …RESPONDENTS (BY SRI. SUBHAS J. BADDI, ADVOCATE FOR R3; R1 & R2-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLE ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.04.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS-CUM-MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-IV, AT HOSAPETE IN M.V.C. NO.250/2018 AND ENHANCE THE COMPENSATION AS CLAIMED IN THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.M.Amaregouda, learned counsel for the appellant as well as Sri.Subhas J.Baddi, learned counsel for respondent No.3. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. Dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal-IV, Hosapete (hereinafter referred to as ‘the Tribunal’ for brevity) and projecting that he is entitled to a higher sum, the claimant in M.V.C. No.250/2018 which stood pending on the file of the said Tribunal and was disposed of through order dated 04.04.2019 is before this Court. 3. Arguing the matter, learned counsel for the appellant contends that the appellant as an agriculturist and as a driver was earning Rs.15,000/- per month by the date - 4 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 of accident. However, the Tribunal took the notional income as Rs.8,000/- per month and awarded grossly lower sum as compensation under the heads ‘loss of future earnings’ and ‘loss of income during laid up period’. Learned counsel further submits that the compensation granted under all other heads is also on lower side. and therefore the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. The submission that is made by learned counsel for respondent No. 3 on the other hand is that the Tribunal having found justification in the claim and assessing the amount that is to be awarded in the light of the evidence produced, granted a sum of Rs.2,59,600/- as compensation and therefore the award needs no interference. 5. By all the evidence produced, the appellant succeeded in establishing that he sustained grievous injury to the right foot due to the accident occurred and the said injury resulted in amputation of the third toe of the right - 5 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 foot. The Tribunal subjecting the evidence of PW-2 came to a conclusion that the disability in respect of whole body is required to be taken as 10%. The said observation needs no interference. So far as income is concerned, the appellant failed to produce any substantive proof with regard to his occupation and earnings as on the date of accident. The submission thus made by learned counsel for the appellant in this regard is that the accident occurred in the year 2017 and for the relevant period, the High Court Legal Services Committee, Dharwad Bench is taking notional income as Rs.10,250/- per month for settlement of claims and at least said figure should have been adopted by the Tribunal. Having found justification in the submission thus made, this Court considers desirable to take the notional income of the appellant as Rs.10,250/- per month. Having taken the notional income as Rs.10,250/- per month and without disturbing other parameters that is application of appropriate multiplier ‘16’ and the disability in respect of whole body as 10%, the compensation which the appellant - 6 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 is entitled to receive towards loss of future earnings is Rs.1,96,800/- (Rs.10,250 x 12 x 16 x 10%). The Tribunal granted a sum of Rs.1,53,600/- only under this head. Thus, the enhancement will be Rs.43,200/- (Rs.1,96,800 – Rs.1,53,600). 6. Having considered the nature of injury sustained and the treatment taken, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 3 months. Thus, loss of earnings during laid up period comes to Rs.30,750/- (Rs.10,250 x 3). The Tribunal awarded a sum of Rs.16,000/- only under this head. Thus, the enhancement will be Rs.14,750/- (Rs.30,750 – Rs.16,000). 7. Also this Court is of the view that the appellant is entitled to a sum of Rs.30,000/- towards pain and suffering. The Tribunal granted a sum of Rs.20,000/- only under this head. Thus, the enhancement will be Rs.10,000/- (Rs.30,000 – Rs.20,000). Hence, the total amount which - 7 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is Rs.67,950/- (43,200 + 14,750 + 10,000). 8. In the light of the above discussion, 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-IV, Hosapete through orders in M.V.C. No.250/2018 dated 04.04.2019 is enhanced by Rs.67,950/-. (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 152 days as per orders in I.A. No.1/2020. - 8 - HC-KAR NC: 2025:KHC-D:14544 MFA No. 100749 of 2020 (iv) Respondent No.3 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.: 7