- 1 - HC-KAR NC: 2025:KHC-D:15527 MFA No. 102699 of 2015 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102699 OF 2015 (MV-I) BETWEEN: SATHEESH S/O. ANJANEYA, AGE: 31 YEARS, OCC: COOLIE WORK, R/O: KAVALETTU VILLAGE, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. PRUTHVI K.S., ADVOCATE) AND: THE DIVISIONAL CONTROLLER, KSRTC, KOLAR, TQ AND DIST: KOLAR. …RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 06.04.2015 PASSED BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR IN M.V.C. NO.745/2013, BY ENHANCING THE COMPENSATION AWARDED, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15527 MFA No. 102699 of 2015 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. Heard Ms.Reshma, who represents Sri.Pruthvi K. S., learned counsel on record for the appellant as well as the S.C.Bhuti, learned counsel for the respondent. 2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Ranebennur, through orders in MVC No.745/2013, the claimant therein preferred the present appeal. As against the claim for Rs.10,00,000/- in total, the Tribunal through the impugned award awarded a sum of Rs.1,27,480/-. 3. Arguing the matter, learned counsel for the appellant states that the appellant is aggrieved by the notional income considered by the Tribunal. Learned counsel states that the appellant, by doing coolie work, was - 3 - HC-KAR NC: 2025:KHC-D:15527 MFA No. 102699 of 2015 earning Rs.15,000/- per month. However, the Tribunal took the notional income as Rs.4,500/- per month only. Learned counsel states that the accident occurred in the year 2013 and for the relevant period the High Court Legal Services Committee, Dharwad, is taking the notional income as Rs.7,000/- per month and the said figure may be considered. Learned counsel further states that the compensation granted under all heads requires enhancement. 4. The submission that is made by learned counsel for the respondent, on the other hand, is that the compensation that is granted by the Tribunal is reasonable. However, there may be marginal enhancement in the light of the submission that is made by learned counsel for the appellant. 5. It is not in dispute that the appellant sustained two grievous injuries i.e., fracture of distal radius left wrist and fracture of lateral mallulous left ankle. Also, it is - 4 - HC-KAR NC: 2025:KHC-D:15527 MFA No. 102699 of 2015 not in dispute that the appellant took treatment as inpatient for a period of 5 days. Considering the submission that is made by learned counsel for the appellant, the notional income of the appellant is taken as Rs.7,000/- per month. Thus, taking notional income as Rs.7,000/- per month and applying the appropriate multiplier 17 and the disability in respect of whole body as 7%, the compensation which the appellant is entitled to receive towards ‘loss of future earnings’ is Rs.99,960/- (Rs.7,000×12×17×7%). 6. As the appellant sustained two grievous injuries, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of four months. Thus, ‘loss of earnings during laid-up period’ comes to Rs.28,000/- (Rs.7,000 x 4). 7. Further, taking into consideration the evidence produced, this Court is of the view that the appellant is entitled to compensation under the following heads: - 5 - HC-KAR NC: 2025:KHC-D:15527 MFA No. 102699 of 2015 Head of Compensation Amount (Rs.) Pain and suffering 30,000.00 Medical expenditure 18,220.00 Towards food, extra nourishment, conveyance and attendant charges 9,000.00 Loss of future earnings 99,960.00 Loss of income during laid-up period 28,000.00 Loss of amenities in life 10,000.00 Total 1,95,180.00 8. Thus, the aforementioned discussion makes it clear that the appellant is entitled to a sum of Rs.1,95,180/- as compensation. Therefore, the appeal is disposed of with the following order: ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur - 6 - HC-KAR NC: 2025:KHC-D:15527 MFA No. 102699 of 2015 through orders in MVC No.745/2013 is enhanced from Rs.1,27,480/- to Rs.1,95,180/-. iii. 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.: 24