- 1 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 8242 OF 2022 (MV) BETWEEN: GOVINDA PALAN AGED ABOUT 49 YEARS, S/O SHEENA POOJARY, R/AT D NO. 8-33 E KADEKARU BAILA MANE, KIDIYOOR, UDUPI TALUK AND DISTRICT - 576 101. …APPELLANT (BY SRI. GANESHA R, ADVOCATE) AND: 1. T. MOHANDAS SHETTY AGED ABOUT 69 YEARS, S/O BHUJANGA SHETTY, R/AT HEGDE HOUSE, HADIMANE, HALTHOOR ULTHOOR, KUNDAPURA TALUK UDUPI DISTRICT. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 2. THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE MAXIMUS COMMERCIAL COMPLEX, 4tH FLOOR, OPP LIGHT HOUSE HILL ROAD, OPP KMC COLLEGE , MANGALORE D.K KARNATAKA …RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R2; VIDE COURT ORDER DATED 06.12.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.09.2022 PASSED IN MVC NO. 1009/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL M.A.C.T., UDUPI, 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 ORAL JUDGMENT Heard Sri.Ganesha.R learned counsel for the appellant as well as Sri.Ashok N Patil learned counsel for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Udupi through orders in MVC No.1009/2020 dated 19.09.2022, the claimant therein presented this appeal seeking enhancement in compensation. As against the claim for Rs.19,15,000/- in total, the tribunal through the impugned order held that the appellant is entitled to a sum of Rs.2,15,000/- as compensation. 3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained grievous injury in a road traffic accident that occurred in the year 2020. Appellant as Mason was earning Rs.1,000/- per day. However, the tribunal took the notional income of the appellant as Rs.12,000/- per month. Learned counsel - 4 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 states that as the accident occurred in the year 2020 and as Karnataka State Legal Services Authority is taking the national income as Rs.14,500/- per month for the said period for settlement of claims, the Tribunal ought to have adopted the same figure. Learned counsel further contends that the disability as assessed by PW-2 in respect of left lower limb is 24%. However, the tribunal took the disability in respect of whole body as 8% which is improper. Learned counsel also states that the tribunal failed to award any sum as compensation for the loss the appellant sustained economically during laid up period. Learned counsel also contends that the tribunal failed to award any compensation for loss of amenities. He also submits that compensation granted by the tribunal under all heads is on lower side. 4. On the other hand, learned counsel for respondent No.2 submits that the assessment of the tribunal in respect of whole body disability is proper. Learned counsel - 5 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 however did not raise any objection to take the notional income of the appellant as Rs.14,500/- per month. 5. Having gone through the observations of the tribunal regarding the aspect of disability, this Court is of the view that the disability assessed by the tribunal in respect of whole body is proper. However, the tribunal ought to have taken the notional income of the appellant as Rs.14,500/- per month. Thus taking the notional income of the appellant as Rs.14,500/- per month and without disturbing other parameters i.e. application of appropriate multiplier '13' and the disability in respect of whole body as 8%, the compensation which the appellant is entitled to receive towards loss of future earnings comes to Rs.1,80,960/- (14,500 x12x13x8%). 6. As rightly contented, Tribunal failed to award any compensation towards the loss which the appellant would have sustained due to failure on his part to attend his occupation. - 6 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 7. Having considered the nature of injuries sustained, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 3 months. Thus loss of income during laid up period comes to Rs.43,500 (14,500 x3). Also this Court is of the view that the appellant is entitled to a sum of Rs.10,000/- towards loss of amenities in life. Further, appellant is entitled to a sum of Rs.25,000/- for pain and suffering. Thus the compensation which the appellant is entitled to receive under each head is as under:- Heads Amount in Rs. Compensation for pain and suffering 25,000.00 Towards food, extra nourishment, attendant and conveyance charges 15,000.00 Medical expenses 14,808.00 Loss of future earnings 1,80,960.00 Loss of income during laid up period 43,500.00 Future medical expenses 20,000.00 Loss of amenities 10,000.00 Total 3,09,268.00 - 7 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 of 2022 8. Thus appellant is entitled to a sum of Rs.3,09,268/- 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, Udupi through orders in MVC No.1009/2020 dated 19.09.2022 is enhanced from Rs.2,15,000/- to Rs.3,09,268/-. 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. - 8 - HC-KAR NC: 2026:KHC:5337 MFA No. 8242 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.: 26