- 1 - HC-KAR NC: 2025:KHC-D:15304 MFA No. 101132 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. 101132 OF 2022 (MV-I) BETWEEN: SMT. BEBY W/O. ASHOK HARIKANTH, AGED ABOUT 49 YEARS, OCC: FISH BUSINESS R/O. BAILOUR, 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:15304 MFA No. 101132 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.453/2018 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:15304 MFA No. 101132 of 2022 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Learned counsel for the appellant Smt.Deepa R.Udiyar who appears through video conference and Sri.Subhash J.Baddi, learned counsel for respondent No.2 who appears before this Court physically are heard. 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.453/2018 dated 18.01.2020. The claimant therein presented this appeal. 3. It is not in dispute that the appellant sustained grievous injury in a road traffic accident that occurred in the year 2018, that she took treatment as inpatient for a period of 8 days for the grievous injury sustained that is fracture of - 4 - HC-KAR NC: 2025:KHC-D:15304 MFA No. 101132 of 2022 right radius and is left with disability of 5% in respect of whole body. 4. When learned counsel for the appellant contends that the Tribunal erred in assessing the income of the appellant and indeed as a Fisherwoman, she was earning huge sum and at least considering the figure adopted by the High Court Legal Services Committee, Dharwad for the relevant period that is Rs.11,750/- per month, the same has to be taken, learned counsel for respondent No.2 contradicts and submits that the version of the appellant herself is that she was earning Rs.10,000/- per month. Record discloses justification in the submission that is made by learned counsel for respondent No.2. Therefore, the notional income of the appellant is taken as Rs.10,000/- per month. Having taken the notional income as Rs.10,000/- per month and without disturbing other parameters that is adopting multiplier as ‘14’ and the disability in respect of whole body as 5%, the compensation which the appellant is - 5 - HC-KAR NC: 2025:KHC-D:15304 MFA No. 101132 of 2022 entitled to receive towards loss of future earnings is Rs.84,000/- (Rs.10,000 x 12 x 14 x 5%). 5. The appellant who admittedly sustained fracture of right radius, underwent a surgery and took treatment for 8 days as inpatient, could not have attended her normal pursuits at least for a period of 3 months. Therefore, loss of earnings during laid up period comes to Rs.30,000/- (Rs.10,000 x 3). 6. The submission that is made by learned counsel for the appellant is that the compensation that was granted by the Tribunal under all heads is on lower side. Subjecting the impugned order to scrutiny in the light of the submission that is made by learned counsel for the appellant, this Court is of the view that the justifiable sum which the appellant is entitled to receive under each head is as follows: Heads Amount in Rs. Towards pain and suffering 20,000.00 Towards food, extra nourishment, 15,000.00 - 6 - HC-KAR NC: 2025:KHC-D:15304 MFA No. 101132 of 2022 attendant and conveyance charges Medical expenses 52,618.00 Loss of future earnings 84,000.00 Loss of income during laid up period 30,000.00 Loss of amenities in life 10,000.00 Future medical expenses 10,000.00 TOTAL 2,21,618.00 7. The Tribunal through the impugned order awarded a sum of Rs.1,78,000/- only as compensation. However, the aforementioned discussion makes it clear that the appellant is entitled to a sum of Rs.2,21,618/- as compensation. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Bhatkal through orders in M.V.C. No.453/2018 dated 18.01.2020 is - 7 - HC-KAR NC: 2025:KHC-D:15304 MFA No. 101132 of 2022 enhanced from Rs.1,78,000/- to Rs.2,21,618/-. (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 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.: 18