- 1 - HC-KAR CNR: KAHC010438732019 NC: 2026:KHC:43223 MFA No. 8348 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8348 OF 2019(MV-I) BETWEEN: AJJAIAH, S/O.SURYYA P.S., AGED ABOUT 26 YEARS, R/O DASARA MUTHAIAHNAHALLI, CHALLAKERE TQ, CHITADURGA DISTRICT, NOW R/O. BACHABORANAHATTI, CHITRADURGA TALUK & DISTRICT - 577 501. …APPELLANT (BY SRI. KANTHARAJAPPA M. G., ADVOCATE) AND: 1. G. RAVINDRA, S/O.GANGA REDDY, MAJOR, OWNER OF MARUTHI OMNI BEARING REG.NO.KA-16-N.1450, R/O.#381, NEAR CHITHAMISHWARA TEMPLE, HIREHALLI, CHALLAKERE TQ, CHITRADURGA DISTRICT - 577501. 2. THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, JAGALURU MAHALINGAPPA COMPLEX, P.B.ROAD, CHITRADURGA - 577 501. …RESPONDENTS (BY SMT. MAMATHA, ADVOCATE FOR Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010438732019 NC: 2026:KHC:43223 MFA No. 8348 of 2019 SRI. E.I. SANMATHI, ADVOCATE FOR R2; V/O. DATED 24.06.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.02.2019 PASSED IN MVC NO.459/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, C/C II ADDITIONAL SENIOR CIVIL JUDGE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Kantharajappa M.G., learned counsel for the appellant as well as Ms.Mamatha, who represents Sri.E.I.Sanmathi, learned counsel on record for respondent No.2. 2. The order that is rendered by the Additional Motor Accident Claims Tribunal-V, Chitradurga, in MVC No.459/2018 dated 23.02.2019 is challenged through this appeal by the claimant therein. - 3 - HC-KAR CNR: KAHC010438732019 NC: 2026:KHC:43223 MFA No. 8348 of 2019 3. Though learned counsel for the appellant contended that compensation granted under all heads by the Tribunal is on lower side, he stressed upon and argued only on the point of notional income that has to be considered. Learned counsel submitted that the appellant through milk vending business was earning Rs.30,000 per month by the date of accident, but Tribunal took his notional income as Rs.8,000/- per month. Learned counsel submitted that the accident occurred in the year 2017 and for the relevant period even the Karnataka State Legal Services Authority is taking the notional income as Rs.11,000/- per month for settlement of claims and atleast said figure should have been considered by the Tribunal. Learned counsel who represents respondent No.2 has raised no objection to take the notional income as Rs.11,000 per month. 4. Thus, on taking the notional income as Rs.11,000/- per month and without disturbing other - 4 - HC-KAR CNR: KAHC010438732019 NC: 2026:KHC:43223 MFA No. 8348 of 2019 parameters i.e. adding 40% towards future prospects, disability in respect of whole body as 13% and applicability of appropriate multiplier '17', the compensation which the appellant is entitled to receive towards loss of future earnings comes to Rs.4,08,408 (Rs.11,000 x 12 + 40% x 17 x 13%). Tribunal held that Appellant is entitled to a sum of Rs.2,97,024/- only under the said head. Thus, the enhancement will be Rs.1,11,384 (Rs.4,08,408/- minus Rs.2,97,024/-). 5. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) Compensation that is granted by the Additional Motor Accident Claims Tribunal-V, Chitradurga, through orders in MVC No.459/2018 dated 23.02.2019 is enhanced by Rs.1,11,384/- - 5 - HC-KAR CNR: KAHC010438732019 NC: 2026:KHC:43223 MFA No. 8348 of 2019 iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 139 days as per orders on IA No.1/2019. 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, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 22