- 1 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 6006 OF 2022 (MV-I) BETWEEN: BHASHI KHAN S/O SHIR KHAN AGED ABOUT 49 YEARS R/AT GENDEHALLI VILLAGE KASABA HOBLI, BELUR TALUK - 573 115. …APPELLANT (BY SRI. PRAKASHA K.V, ADVOCATE) AND: 1. SHIVAKUMAR Y.N, S/O NINJEGOWDA, MAJOR SRI. BAIRAVESHWARA CONCRETE BRIKS PROP YACHAGATTA VILLAGE, ARAKERE POST, KUNIGAL TALUK TUMKUR DISTRICT. (OWNER OF ASHOKA LAYLAND TIPPER BEARING NO. KA-06AA-1736) Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 2. BRANCH MANAGER THE UNITED INDIA INSURANCE CO. LTD., SVS NILAYA, 2ND FLOOR GANDHI BAZAR, HASSAN - 573 201 POLICY NO. 0714833118P112716967 VALID FROM 3-1-2019 TO 2-1-2020 …RESPONDENTS (BY SRI. B.S. RAMAKRISHNA, ADVOCATE FOR R2; VIDE COURT ORDER DATED 05.04.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.03.2022 PASSED IN MVC NO. 137/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 ORAL JUDGMENT Heard Sri.K.V.Prakasha, learned counsel for the appellant as well as Sri.B.A.Ramakrishna, learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Belur in MVC No. 137/2020 dated 03.03.2022. This is a claimant's appeal. 3. Arguing the matter learned counsel for the appellant states that the appeal is filed on two grounds. First ground is that the income of the appellant assessed by the tribunal is wrong and the second ground is that the tribunal failed to award any compensation towards the loss which the appellant sustained due to inability on his part to earn during laid up period. 4. On the first ground, learned counsel submits that the appellant by doing business in Coffee and Pepper and also by doing agricultural work was earning Rs.30,000/- - 4 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 per month. But the tribunal took the notional income as Rs.13,250/- per month. Learned counsel contends that the accident occurred in the year 2019 and for the relevant period the Karnataka State Legal Services Authority is taking the notional income as Rs.14,000/- per month and at least said figure should have been considered by the tribunal. Learned counsel on the second ground, submits that the appellant sustained two grievous and three simple injuries. He could not move from bed for considerable period and thereby could not earn. However the tribunal failed to award any sum as compensation for the loss he sustained financially during the said period. 5. Learned counsel for respondent No.2 did not raise any objection for taking the notional income of the appellant as Rs.14,000/-per month. Learned counsel contends that reasonable amount can be awarded as compensation under the head loss of income during laid up period. - 5 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 6. Having considered the submission that is made by both the learned counsel, the notional income of the appellant is taken as Rs.14,000/- per month. Without disturbing other parameters that is application of appropriate multiplier '9' and the disability in respect of whole body as 8%, the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.1,20,960/- (14,000 x 12 x 9x 8%) However the tribunal granted a sum of Rs.1,14,480/- only towards loss of future earnings. Thus the additional sum which the appellant is entitled to receive towards loss of future earnings is Rs.6,480/- (1,20,960/- - 1,14,480/-). 7. Having considered the fact that the appellant sustained two grievous and three simple injuries in the road traffic accident, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 4 months. Thus loss of earnings during laid up period comes to Rs.56,000/- (14,000 x 4). - 6 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 8. Thus, the total sum which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal is Rs.62,480/- (56,000/- + 6,480/-). 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 Motor Accident Claims Tribunal, Belur through orders in MVC No. 137/2020 dated 03.03.2022 is enhanced by Rs.62,480/-. 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 8 weeks from the date of receipt of certified copy of this judgment. - 7 - HC-KAR NC: 2026:KHC:4221 MFA No. 6006 of 2022 v. On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 8