- 1 - HC-KAR NC: 2026:KHC:29449 MFA No. 1019 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 1019 OF 2024 (MV-I) BETWEEN: 1. ERANNA S/O JOGANNA NOW AGED ABOUT 26 YEARS R/AT KORLAKUNTE BADAGADDE VILLAGE CHALLAKERE TALUK CHITRADURGA DISTRICT. …APPELLANT (BY SRI RANGEGOWDA N R, ADVOCATE) AND: 1. SMT. PUTTEERAMMA W/O LATE AJJANNA NOW AGED ABOUT 66 YEARS R/AT KORLAKUNTE CHALLAKERE TALUK. 2. THE MANAGER NATIONAL INSURANCE CO, LTD., BRANCH OFFICE JAGALURU MAHALINGAPPA COMPLEX 1ST FLOOR, P B ROAD CHITRADURGA TOWN. …RESPONDENTS (BY SRI K SRIDHARA, ADVOCATE FOR R2 V/O DATED 23.01.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29449 MFA No. 1019 of 2024 THIS MFA IS FILED UNDER SECTOPM 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.11.2020 PASSED IN MVC No.764/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 17.11.2020 passed in MVC No. 764/2018 by Senior Civil Judge and MACT, Challakere. 2. Even though the appeal is listed today for Admission, with the consent of both the counsels it is taken up for final disposal. 3. The appellant claimant made a claim petition praying to award compensation for the injury sustained in a road traffic accident which took place on 12.01.2018 contending that the accident occurred due to the rash and negligent driving by the driver of the tractor trailer - 3 - HC-KAR NC: 2026:KHC:29449 MFA No. 1019 of 2024 bearing No. 6-TA-280-281. The Tribunal recorded the evidence, assessed the compensation and awarded compensation under different heads as under: Sl.No. Description Amount in Rs. 1 Towards treatment in the hospital and other nourishmmet etc., Rs.1,25,000/- 2 Loss of earning during hospitalization Rs.3,500/- 3 Loss of future earning capacity Rs.1,94,400/- 4 Future medical expenses Rs.20,000/- 5 For pain and suffering Rs.1,00,000/- 6 Loss of future prospects and amenities Rs.97,200/- Total Rs.5,40,100/- 4. The Tribunal has also awarded interest at the rate of 9% p.a. from the date of petition till the date of deposit. The Tribunal has held that respondent No. 2 - insurer shall pay the compensation amount and recover the same from the owner of the tractor trailer, i.e., respondent No. 1. The claimant, seeking enhancement of compensation, has filed the present appeal. 5. Head learned counsel for the appellant and learned counsel for respondent No. 2 – insurer. - 4 - HC-KAR NC: 2026:KHC:29449 MFA No. 1019 of 2024 6. Learned counsel for appellant would contend that the accident occurred in the year 2018 and as per chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2018 is Rs.12,500/- for the purpose of calculation of loss of future earnings. 7. Learned counsel for respondent No. 2 would contended that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. 8. Learned counsel for appellant submits that respondent No. 2 - insurer has satisfied the award and the claimant has withdrawn the amount deposited by the respondent No. 2 - insurer before the Tribunal. 9. Having heard learned counsel for the parties, this Court has perused the impugned judgment and award. 10. Date of accident is 12.01.2018. The Tribunal has taken the notional income at Rs.7,500/- stating that - 5 - HC-KAR NC: 2026:KHC:29449 MFA No. 1019 of 2024 the claimant has not established his income. As the accident has taken place in the year 2018, the notional income is to be taken at Rs.12,500/- as per the chart prepared by the Karnataka State Legal Services Authority. Considering the said aspect, loss of future earning is calculated as under: 12500 X 12 X 18 X 12% = 324000. 11. The claimant is entitled to loss of future earning in the sum of Rs.3,24,000/- as against Rs.1,94,400/- as awarded by the Tribunal. 12. The compensation awarded by the Tribunal under other heads shall remain unaltered. 13. In view of the above, the following; O R D E R i) The appeal is allowed in part. ii) The appellant - claimant is entitled to enhanced compensation of Rs.1,29,600/- (324000 – 194400) with interest at the rate of 6% per annum for the date of petition till realization. - 6 - HC-KAR NC: 2026:KHC:29449 MFA No. 1019 of 2024 iii) Respondent No. 2 - insurer shall deposit the enhanced compensation before the Tribunal within a period of six weeks from this day. iv) Respondent No. 2 - insurer is at liberty to recover the said compensation with interest from the owner of the offending vehicle i.e. respondent No. 1. v) Appellant is entitled to release of the enhanced compensation. vi) Appellant is not entitled to interest for the period of delay of 615 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 45