- 1 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100182 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 100410 OF 2022 IN M.F.A. NO.100182/2022 BETWEEN: SRI. RAVINDRACHAR S/O. SHANKRAPPA BADIGER, AGE: 54 YEARS, OCC: CARPENTER WORK, NOW NIL, R/O. KATUVALLI VILLAGE, TQ: SORAB, DIST: SHIVAMOGGA-577429. …APPELLANT (BY SRI. GIRISH S. HULMANI, ADVOCATE) AND: 1. SRI. MALLIKARJUN S/O. SHANKRAPPA, AGE: MAJOR, OCC: BUSINESS WORK, R/O. SHAKUNAVALLI VILLAGE, TQ: SORAB, DIST: SHIMOGGA. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2ND FLOOR, ARIHANTA PLAZA, KUSUGAL ROAD, HUBLI-580023. Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BESIDE VIJAYA BANK, NEAR SANGAM CIRCLE, RANEBENNUR, DIST: HAVERI. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2; R1 & R3-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C.NO.432/2017 DATED 17TH MARCH 2020 AND ENHANCE THE COMPENSATION AS PRAYED FOR; COST OF THE APPEAL AND ETC., IN M.F.A. NO.100410/2022 : BETWEEN: SRI. MALATESH S/O. SHANKRAPPA @ SHANKARACHARYA BADIGER, AGE: 59 YEARS, OCC: CARPENTER AND WELDING WORK, NOW NIL, R/O. KATUVALLI VILLAGE, TQ: SORAB, DIST: SHIVAMOGGA-577429. …APPELLANT (BY SRI. GIRISH S. HULMANI, ADVOCATE) AND: 1. SRI. MALLIKARJUN - 3 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 S/O. SHANKRAPPA, AGE: MAJOR, OCC: BUSINESS WORK, R/O. SHAKUNAVALLI VILLAGE, TQ: SORAB, DIST: SHIMOGGA-577419. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, 2ND FLOOR, ARIHANTA PLAZA, KUSUGAL ROAD, HUBLI-580023. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., BESIDE VIJAYA BANK, NEAR SANGAM CIRCLE, RANEBENNUR, DIST: HAVERI-581115. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2 & R3; R1 -NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR RECORDS FROM THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE IN M.V.C.NO.433/2017 DATED 17TH MARCH 2020 AND ENHANCE THE COMPENSATION AS PRAYED FOR; COST OF THE APPEAL AND ETC., THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA COMMON ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Challenge in MFA 100182 of 2022 is the award passed in MVC 432 of 2017 and in MFA 100410 of 2022 is the award that is passed in MFA 433 of 2017. 2. Both the awards were passed by the Additional Motor Accident Claims Tribunal, Ranebennur on 17.03.2020. The claimants therein have preferred these appeals seeking enhancement in compensation. 3. Heard Sri Girish S. Hulmani, who appears physically before this Court and represents the appellants in both the appeals. Also heard Sri G.N.Raichur, learned counsel for respondent No.2 in both the appeals, who appears through Video Conference. 4. The matrix of the case as projected by both the appellants before the tribunal is that on 16.06.2016 while they were proceeding on a motorcycle bearing registration No.KA- 15/Q-4884 slowly, one Maruti Swift car bearing registration - 5 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 No.KA.15/M-6680, which was being driven by its driver at a high speed and in a rash and negligent manner came from back side and hit their motorcycle, due to which, they both fell down and sustained injuries. 5. While the appellant in MFA 100182 of 2022 claimed compensation of Rs.9,90,000/- in total, the appellant in MFA 100410 of 2022 claimed compensation of Rs.10,20,000/- in total. 6. The common submission that is made by learned counsel for the appellants in respect of both the claims is that both the appellants by working as carpenters were earning huge sum as on the date of accident. However, the tribunal without considering their occupation took the notional income as Rs.7,000/- per month and awarded meagre sum as compensation. Learned counsel states that the compensation that is granted under all heads is on lower side in both the appeals. Learned counsel further states that though the tribunal observed that the disability in respect of whole body in respect of both the appellants is 15% yet at a later part, - 6 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 giving an observation that the said disability would be 13% awarded very meagre sum under the head ‘loss of future earnings’ in both the appeals. Learned counsel further submits that no amount is awarded as compensation towards ‘loss of earnings during laid up period’ in both the cases. Learned counsel ultimately seeks to grant the sum that is claimed by the appellants in both the cases. 7. Though learned counsel for respondent No.2 did not raise any objection for taking the notional income as per the procedure adopted by the High Court Legal Services Committee, Dharwad Bench and taking the disability in respect of whole body in both cases in respect of the injured appellants as 15% yet learned counsel submits that there may be marginal enhancement only. 8. So far as the appellant in MFA No.100182 of 2022 is concerned, he succeeded in establishing that he sustained fracture of right radius and ulna, fracture of L4 vertebra and fracture of condylar left tibia, which are grievous in nature and - 7 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 two other simple injuries. He also succeeded in establishing that he took treatment as inpatient for a period of 12 days. 9. Having taken the national income as Rs.8,750/- as pleaded by learned counsel for the appellants which is not disputed by learned counsel for respondent No.2, the disability in respect of whole body as 15% and applying the appropriate multiplier ‘13’, the compensation which the appellant is entitled to receive under the head ‘loss of future earnings’ is Rs.2,04,750/- (8,750x12x13x15%). The tribunal granted a sum of Rs.1,41,960/- only under this head. Considering the fact that the appellant sustained three grievous injuries and two simple injuries and also his occupation, this Court is of the view that the appellant could not have attended his professional work at least for a period of 6 months. Thus the ‘loss of earnings during laid up period’ comes to Rs.52,500/- (8,750/- X 6). 10. Considering the totality of evidence produced, this Court is of the view that the appellant who is the claimant in - 8 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 MVC.432 of 2017 is entitled to compensation under following heads. Heads Amount in Rs. Towards pain and suffering 55,000.00 Towards food, extra nourishment, attendant and conveyance charges 15,000.00 Towards Medial expenses 32,906.00 Loss of future earnings 2,04,750.00 Loss of income during laid up period 52,500.00 Loss of amenities 20,000.00 Total 3,80,156.00 11. Coming to the appellant in MFA 100410 of 2022, by all the evidence produced, he succeeded in establishing that he sustained fracture of right collies, fracture of right tibia condylar and fracture of L4 vertebra, which are grievous in nature along with two other simple injuries. He also established that he took treatment as inpatient for 10 days. In this case also though the tribunal initially held that the disability in respect of whole body can be taken as 15%, yet at the later part of the order took the disability in respect of whole body as 13%. However considering the evidence produced, this Court is of the view that the disability in respect of whole body is required to be taken as 15%. Thus - 9 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 taking the notional income as sought for by learned counsel for the appellant and agreed upon by learned counsel for respondent No.2 i.e. Rs.8,750/- per month, applying appropriate multiplier ‘11’ and the disability in respect of whole body as 15%, the compensation which the appellant is entitled to receive towards ‘loss of future earning’ is Rs.1,73,250/- (8,750x12x11x15%). 12. Taking into consideration the occupation of the appellant i.e., carpenter by profession, this Court is of the view that the appellant could not have attended his professional work at least for a period of 6 months. Thus loss of earnings during laid up period comes to Rs.52,500/- (8,750x6). Having given anxious consideration to the submission made by both the learned counsel and the evidence produced, this Court is of the view that the appellant i.e., claimant in MVC 433 of 2017 is entitled to receive compensation under the following heads: Heads Amount in Rs. Towards pain and suffering 55,000.00 Towards food, extra nourishment, attendant and conveyance charges 14,000.00 - 10 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 Towards Medial expenses 31,574.00 Loss of future earnings 1,73,250.00 Loss of income during laid up period 52,500.00 Loss of amenities 20,000.00 Total 3,46,324.00 13. The tribunal through the impugned order granted a sum of Rs.2,16,694/- only. However in the light of the discussion went on supra, this Court is of the view that the appellant is entitled to a sum of Rs.3,46,324/-. Therefore both the appeals are disposed of with the following: ORDER (i) Both the appeals are allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in MVC 432 of 2017 dated 17.03.2020 is enhanced from Rs.2,35,866/- to Rs.3,80,156/-. (iii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur through orders in MVC 433 of 2017 dated 17.03.2020 is enhanced from Rs.2,16,694/- to Rs.3,46,324/-. - 11 - HC-KAR NC: 2025:KHC-D:13891 MFA No. 100182 of 2022 C/W MFA No. 100410 of 2022 (iv) The enhanced sum in both the appeals shall carry interest at the rate of 6% per annum from the dates of filing of the respective petitions and till the dates of deposit. (v) Respondent No.2 in both the appeals 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 respective appellants are permitted to withdraw the allotted amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 21