- 1 - HC-KAR NC: 2025:KHC-D:14545 MFA No. 103457 of 2015 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. 103457 OF 2015 (MV-I) BETWEEN: SHIVAKUMAR S/O. KALVEERAPPA HOSAKOPPA, AGE: 21 YEARS OCC: STUDENT & PAPER DISTRIBUTION WORK, R/O: KALVEYALLAPUR VILLAGE, TQ: HANGAL, DIST: HAVERI. …APPELLANT (BY SRI. V.S. GADDADA, ADVOCATE) AND: THE DIVISIONAL MANAGER, N.W.K.R.T.C. AND SELF INSURANCE FUND, NEAR RTO OFFICE, P.B. ROAD, HAVERI. …RESPONDENT (BY MS. SHEEBHA, ADVOCATE FOR SRI. SUNIL S. DESAI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, HAVERI IN M.V.C.NO.376/2013 DATED 30/12/2014; MODIFY THE JUDGMENT AND AWARD PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND AMACT HAVERI IN M.V.C.NO.376/2013 DATED 30/12/2014 AND ENHANCE THE COMPENSATION AS PRAYED FOR BY ALLOWING THIS APPEAL AND ETC. THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.05 12:39:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14545 MFA No. 103457 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Sri. V. S. Gaddad, learned counsel for the appellant was heard on 27.10.2025. On this day, the submission made by Ms. Sheeba, who represents Sri.Sunil S. Desai, learned counsel on record for the respondent, is heard. 2. The claimant in MVC No.376/2013, which stood pending before the Additional Motor Accident Claims Tribunal, Haveri and was disposed of through order dated 30.12.2014, is before this Court by filing the present appeal, seeking enhancement in compensation. 3. Learned counsel for the appellant argued at length regarding the nature of injuries sustained by the appellant, the treatment he took, his occupation, and - 3 - HC-KAR NC: 2025:KHC-D:14545 MFA No. 103457 of 2015 his earnings as on the date of accident. Learned counsel submitted that the appellant, by attending paper distribution work, was earning Rs.8,000/- per month as on the date of accident. However, the Tribunal took the nominal income of the appellant as Rs.6,000/- per month. Learned counsel submitted that the accident occurred in the year 2012 and for the relevant period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.6,500/- per month for settlement of claims and at least the said figure should have been adopted by the Tribunal. Learned counsel also stated that the compensation granted under all heads is on lower side. 4. Learned counsel who represents the respondent, on the other hand, states that the compensation that is granted by the Tribunal is highly justifiable and therefore the appeal is not maintainable. - 4 - HC-KAR NC: 2025:KHC-D:14545 MFA No. 103457 of 2015 5. It is not in dispute that the appellant sustained fracture of the 5th to 8th ribs left side and he also sustained fracture of ulna bone left. Having considered the submission that is made by learned counsel for the appellant, this Court is of the view that the notional income of the appellant is required to be taken as Rs.6,500/- per month. 6. On taking the notional income as Rs.6,500/- per month and without disturbing the other parameters, i.e., application of appropriate multiplier 18 and the disability in respect of the whole body as 10%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.1,40,400/- (Rs.6,500 × 12 × 18 × 10%). 7. Coming to ‘loss of income during laid-up period’, having considered the nature of injuries sustained, this Court is of the view that the appellant could not have attended to his normal pursuits at least for a period of - 5 - HC-KAR NC: 2025:KHC-D:14545 MFA No. 103457 of 2015 four months. Thus, the ‘loss of earnings during laid-up period’ comes to Rs.26,000/- (Rs. 6,500 × 4). 8. Having considered the evidence produced by the appellant in respect of his claim and in light of the aforementioned discussion, this Court is of the view that the appellant is entitled to compensation under the following heads: Head of Compensation Amount (Rs.) Towards pain and suffering 15,000.00 Towards food, extra nourishment, conveyance, and attendant charges 10,000.00 Loss of future earnings 1,40,400.00 Loss of earnings during laid-up period 26,000.00 Loss of amenities in life 10,000.00 Total 2,01,400 9. Thus, it is clear that the appellant is entitled to a sum of Rs.2,01,400/- as compensation. Therefore, the appeal is disposed of with the following order: - 6 - HC-KAR NC: 2025:KHC-D:14545 MFA No. 103457 of 2015 ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Additional Motor Accident Claims Tribunal, Haveri, through orders in MVC No.376/2013 dated 30.12.2014, is enhanced from Rs.1,50,600/- to Rs.2,01,400/-. 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 gab CT-MCK List No.: 1 Sl No.: 13