- 1 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100813 OF 2022 (MV-I) BETWEEN: SRI. DEVIDAS S/O. GOIDA HARIKANTH, AGED ABOUT 39 YEARS, OCC: FISHERMAN R/O. BEACH ROAD, MURDESHWARA, TQ: BHATKAL, DIST: UTTARA KANNADA-581354. …APPELLANT (BY SMT. DEEPA R. UDIYAR, ADVOCATE) AND: 1. SRI. YADAVA S/O. MANJUNATH HARIKANTH, AGE: 34 YEARS, R/O: BAILOUR, TQ: BHATKAL, DIST: UTTARA KANNADA-581354, (OWNER OF MOTOR CYCLE BEARING REG.NO.KA-47/U-1129) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., THE BRANCH OFFICE, PCARD BANK BUILDING, COURT ROAD-581354 TQ: HONNAVAR, DIST: UTTARA KANNADA. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT PRAYING THAT THE JUDGMENT AND AWARD DATED 18.01.2020 PASSED IN MVC NO.452/2018 BY THE MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BHATKAL, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AMOUNT AS CLAIMED BY THE APPELLANT IN HER CLAIM PETITION, BY ALLOWING THIS APPEAL WITH THE COST THROUGHOUT IN THE ENDS JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Smt.Deepa R.Udiyar, learned counsel for the appellant who appears through video conference. Also heard Sri.Subhash J.Baddi, learned counsel for respondent No.2 who appears before this Court physically. 2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Bhatkal (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.452/2018 dated 18.01.2020. This is a claimant's appeal. 3. On the ground that he sustained grievous injuries in a road traffic accident that occurred in the year 2018, the appellant filed a petition claiming compensation. The Tribunal through the impugned award granted a sum of - 4 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 Rs.2,71,000/- as compensation. Projecting that he is entitled to a higher sum, the present appeal is filed. 4. Arguing the matter, learned counsel for the appellant submits that the appellant as a Fisherman was earning Rs.15,000/- per month by the date of accident. However, the Tribunal took the notional income of the appellant as Rs.8,000/- per month only. Learned counsel states that the accident occurred in the year 2018 and for the relevant period, the High Court Legal Services Committee, Dharwad is taking the notional income as Rs.11,750/- per month and at least said figure should have been considered by the Tribunal. Learned counsel also states that the appellant sustained grievous injury and he was bed ridden for a long time. But the Tribunal granted a sum of Rs.8,000/- only towards loss of income during laid up period which is unjustifiable. He also submits that the compensation granted under other heads is on lower side. Learned counsel ultimately seeks for enhancement in compensation. - 5 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 5. Learned counsel for respondent No.2 on the other hand submits that there are no grounds to interfere with the observations made by the Tribunal. But in the light of the submission that is made by learned counsel for the appellant, there may be marginal enhancement taking the notional income of the appellant as Rs.11,750/- per month as pleaded. 6. It is not in dispute that the appellant sustained fracture of ACL and MCL bones of right knee which is grievous in nature. The Tribunal rightly assessed the disability in respect of whole body as 7%. Considering the submission that is made by both the learned counsel, this Court is of the view that the notional income of the appellant is required to be taken as Rs.11,750/- per month. Thus, having taken the notional income of the appellant as Rs.11,750/- per month, applying the appropriate multiplier ‘15’ and the disability in respect of whole body as 7%, the compensation which the appellant is entitled to receive - 6 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 towards loss of future earnings comes to Rs.1,48,050/- (Rs.11,750 x 12 x 15 x 7%). 7. Having considered the nature of injuries sustained and the treatment taken which includes a surgery, this Court is of the view that the appellant could not have attended is normal pursuits at least for a period of 3 months. Thus, loss of income during laid up period comes to Rs.35,250/- (Rs.11,750 x 3). Also having considered the totality of evidence produced, this Court is of the view that the appellant is entitled to compensation under the following heads: Heads Amount in ₹ Towards pain and suffering 20,000.00 Towards food, extra nourishment, attendant and conveyance charges 15,000.00 Medical expenses 1,07,175.00 Loss of future earnings 1,48,050.00 Loss of income during laid up period 35,250.00 Loss of amenities in life 10,000.00 Future medical expenses 10,000.00 TOTAL 3,45,475.00 - 7 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 8. Thus, the above discussion makes it clear that the appellant is entitled to a sum of Rs.3,45,475/- as compensation. However, the Tribunal granted a sum of Rs.2,71,000/- only. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation granted by the Additional Motor Accident Claims Tribunal, Bhatkal through orders in M.V.C. No.452/2018 dated 18.01.2020 is enhanced from Rs.2,71,000/- to Rs.3,45,475/-. (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 No.2 is directed to deposit the enhanced sum within a period of eight - 8 - HC-KAR NC: 2025:KHC-D:15308 MFA No. 100813 of 2022 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.: 17