- 1 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MFA CROSS OBJECTION NO. 47 OF 2024 (MV-I) BETWEEN: SHANMUKHAPPA S/O LATE CHINDANADAPPA AGED ABOUT 59 YEARS AGRICULTURIST RESIDENT OF HALEHALLI GOLLARAHATTI VILLAGE HOLALKERE - 577 526 CHITRADURGA DISTRICT. …CROSS OBJECTOR (BY SRI. SHIVAKUMARAPPA T.C, ADVOCATE) AND: 1. M.G. THIMMAPPA S/O GOVINDAPPA, MAJOR, R/O GILIKENAHALLY VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 526. R.C. OWNER OF TRACTOR-BEARING REG NO. KA 16/TB-4261. 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., A.M. ARKADE NEAR VIDHYARTHI BHAVAN C.G. HOSPITAL ROAD, DAVANGERE - 577 001. …RESPONDENTS - 2 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 (BY SMT. GEETHA R, ADVOCATE FOR R2; VIDE ORDER DATED 29.07.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA.CROB IS FILED UNDER ORDER XLI RULE 22 OF THE CPC READ WITH SECTION 173(1) OF MOTOR VEHICLE ACT,AGAINST THE JUDGMENT AND AWARD DATED 09.01.2020 PASSED IN MVC NO.08/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, HOLALKERE, PARTLY ALLOWING THE CALIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA CROB, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present MFA Crob., has been filed seeking to challenge Judgment and award dated 09.01.2020 in M.V.C.No.08/2018 passed by the Learned Senior Civil Judge & M.A.C.T., Holalkere [hereinafter referred to as the “Impugned Judgment”]. 2. By the Impugned Judgment, the Cross Objector has been awarded a compensation of Rs.1,60,874/- with interest at the rate of 6% p.a. The liability has been fixed on respondents 1 and 2 jointly and severally. - 3 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 3. Briefly the facts are that the Cross Objector/petitioner was proceeding on a motor cycle bearing registration No.KA- 16/EE-3774 as a pillion rider on 14.05.2017 at about 08.45 am. At that time, near Halehally gate, Halehally Village of Holalkere Taluk, the driver of Tractor bearing registration No.KA-16/TB- 4261 stated to be driving in rash and negligent manner came from the road across and hit the petitioner's motor bike. The petitioner sustained various injuries i.e., fracture of nasal bone and fracture of left patella bone and also injuries as stated in the wound certificate and took treatment in Chitradurga Multispeciality Hospital, Chitradurga. It is stated by the Cross Objector/petitioner that he was treated an inpatient in various hospitals as a result of this accident. 4. It is the case of the Cross objector/petitioner that he was an agriculturist and earning about Rs.20,000/- per month. 5. The case was contested before the Trial Court by respondent No.2/Insurance Company. However, respondent No.1 who was the owner of the Tractor did not appear and hence, was proceeded exparte. - 4 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 6. On the basis of the pleadings of the parties, the learned Trial Court framed the following issues: "1) Whether the petitioner proves that, alleged accident was occurred due to rash and negligence driving of Tractor bearing Reg.N.KA-16/TB-4261 by its driver, on 14-05-2017 at about 8.45 a.m., on NH-13, near Halehally Gate, Halehally Village at Holalkere Taluk, while he was traveling on the Motor Cycle bearing Reg.No.KA- 16/EE-3744 from his village to his land as a pillion rider? 2) Whether the petitioner proves that he sustained injuries on account of the alleged accident? 3) Whether the respondent No.2 proves that alleged accident was occurred only due to the negligence on part of the rider of motor cycle bearing Reg.No.KA-16/EE- 3744 by petitioner himself and did not hold valid and effective driving license? 4) Whether the respondent No.2 proves that the driver of offending vehicle was not having valid and effective driving license and violated that terms and conditions of the policy? 5) Whether the petitioner is entitled for compensation ? If so, how much and from whom? 6) What order or award?" 7. Learned counsel for the cross objector submits that his challenge in the present appeal is on one ground alone. He - 5 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 submits that the accident happened on 14.05.2017 and that the notional income for the year 2017 is Rs.11,500/-. He submits however the learned trial Court while calculating the compensation has wrongly taken the monthly income at Rs. 6,000/- per month. 8. Learned counsel for the respondent No.2-Insurance Company fairly concedes that the calculation of income is not as per the schedule for notional income which is applicable. 9. It is not in dispute that the accident took place on 14.05.2017 at about 08.45 a.m. The notional income to be taken for the year 2017 is Rs.11,000/- per month. However, the learned trial Court has taken the national income as Rs.6,000/- in the Impugned Award. 10. Since the injured was 53 years old, the multiplier would be taken as 11 and the assessment of disability at 7%. Accordingly the Income for loss of future earnings would require to be recalculated. - 6 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 11. Since both parties are ad idem on this aspect, the only question to be decided by the Court is the extent of enhancement. 12. Based on monthly income at the rate of Rs.11,000/- per month, the revised enhanced compensation is re-calculated in the following terms: Heads of compensation Amount in Rupees (Rs.) Towards expenses relating to treatment and hospitalization 45,434-00 Towards Attendant charges nourishment and diet food 10,000-00 Loss of amenities 10,000-00 Loss of income during laid-up period 10,000-00 Towards pain and suffering 25,000-00 Towards conveyance charges 5,000-00 Loss of Future income on account of permanent disability (11000x12x11x7%) 1,01,640-00 TOTAL 2,07,074-00 Less awarded by the Tribunal 1,60,874-00 Enhanced compensation 46,200-00 - 7 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 10. Accordingly, the compensation is enhanced in a sum of Rs.46,200/-. The enhanced amount is to be paid by the Respondent/Insurance Company to the cross objector/Claimant along with interest at 6% p.a. 11. Accordingly, the Court proceeds to pass the following directions: ORDER (i) The appeal and all pending applications are disposed of. (ii) The impugned Judgment and Award dated 09.01.2020 in MVC No.08/2018 passed by the Learned Senior Civil Judge & MACT, Holalkere is modified to the extent that the Cross Objector/petitioner is entitled to enhanced compensation of Rs.46,200/- along with interest at the rate of 6%per annum from the date of petition till the date of realization, in addition to Rs.1,60,874/- that has been awarded by the Tribunal. - 8 - HC-KAR NC: 2026:KHC:2782 MFA.CROB No. 47 of 2024 (iii) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. (iv) The Insurance Company shall deposit the enhanced compensation with interest at 6% p.a. within a period of two weeks from the date of this judgment. (v) The amount in deposit by the Insurance Company before this Court shall be transmitted to the Tribunal within a week. (vi) The Registry is directed to draw the modified Award accordingly. (TARA VITASTA GANJU) JUDGE HR List No.: 1 Sl No.: 17.1 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA