- 1 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8574 OF 2022(MV-I) BETWEEN: M. MOHAMMAD AGED ABOUT 64 YEARS S/O. M. BAVUDDIN R/AT H.NO.7-40 C NEW COLONY KODANKUR AMBALPADY POST PUTTUR VILLAGE UDUPI TALUK AND DISTRICT-576 101 …APPELLANT (BY SRI GANESHA R., ADVOCATE) AND: 1. MOHAMMED NAWAZ AGED ABOUT 40 YEARS S/O. B. ABBOO HAJI R/AT VISHNUMURTHI NAGAR DUMAVATHI KATTE UDUPI TALUK AND DISTRICT-576 101 Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 2. THE DIVISIONAL MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD. REP. BY NEAREST D.M.D.O. C22 II FLOOR, MAXIMUS COMMERCIAL COMPLEX LIGHT HOUSE HILL ROAD HAMPANAKATTE MANGALORE-574 142 …RESPONDENTS (V/O. DATED 3/1/2023, NOTICE TO R-1 IS D/W; BY SRI MALLIKARJUN REDDY N. A., ADVOCATE FOR; SRI B. PRADEEP, ADVOCATE FOR R-2) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2022 PASSED IN MVC NO.606/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, 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:5820 MFA No. 8574 of 2022 ORAL JUDGMENT [ Heard Sri.Ganesha.R, learned counsel for the appellant as well as Sri.Mallikarjuna Reddy who represents Sri.B.Pradeep, learned counsel on record 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.606/2019 dated 11.03.2022, the claimant therein filed the present appeal seeking enhancement in compensation. 3. Arguing the matter, learned counsel for the appellant submits that appellant sustained grievous injury in a road traffic accident that occurred in the year 2018. The appellant was working as salesman and was earning Rs.15,000/- per month. Learned counsel submits that Pw.2 gave evidence to the effect that the disability in respect of left lower limb is 15.33%. The petitioner lost his earning power due to such disability. However, the - 4 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 Tribunal failed to award any compensation for loss of future earnings due to disability. Learned counsel also states that the compensation granted towards loss of income during laid up period, towards conveyance charges, towards attendant charges and towards diet are on lower side. Learned counsel further submits that the Tribunal failed to award any compensation for loss of amenities in life. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand learned counsel for respondent No.2 states that Pw.2 during the course of cross examination admitted that the fracture is united and thus appellant is not entitled for any additional sum. 5. It is not in dispute that the appellant sustained fracture of both bones of left leg. Also it is not in dispute that Pw.2 evaluated the disability as 15.33% in respect of left lower limb. Though the fracture is united, the disability to that extent was found by Pw.2. Thus this Court - 5 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 considers desirable to take the disability in respect of whole body as 5%. 6. No substantive proof is produced in respect of the occupation and earnings of the appellant as on the date of accident. However, as the accident occurred in the year 2018 and as Karnataka State Legal Services Authority is taking the notional income as Rs.12,500/- for the relevant period, this Court considers desirable to take the notional income of the appellant as Rs.12,500/- per month. As the appellant was aged around 61 years by the date of accident, the appropriate multiplier to be applied is 7 as per the decision of the Hon'ble Apex Court in Smt.Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104. Thus taking the notional income of the appellant as Rs.12,500/- per month, applying appropriate multiplier 7 and the disability in respect of whole body as 5%, the compensation which the appellant is entitled to receive - 6 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 towards loss of future earnings is Rs.52,500/- (12,500 X 12 X 7 X5%). 7. Having considered the fact that the appellant sustained fracture of both bones of left leg, this Court is of the view that, appellant could not have attended his normal pursuits at least for a period of 3 months. Thus loss of earnings during laid up period comes to Rs.37,500/- (Rs.12,500 X 3). However, the Tribunal granted a sum of Rs.6,000/- only towards loss of income during laid up period. Thus the additional sum which the appellant is entitled to receive towards loss of income during laid up period is Rs.31,500/- (Rs.37500 - Rs.6000). Also this Court is of the view that appellant is entitled to an additional sum of Rs.5,000/- towards food, extra nourishment, conveyance and attendant charges. This Court also is of the view that the appellant is entitled to a sum of Rs.10,000/- towards loss of amenities in life. Thus the total compensation which the appellant is entitled to receive in addition to the sum that is awarded by the - 7 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 Tribunal is Rs.99,000/- (Rs.52,500 + Rs.31,500 + Rs.5,000 + Rs.10,000). 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.606/2019 dated 11.03.2022 is enhanced by Rs.99,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit except for the period of delay of 176 days as per orders on I.A.No.1/2022. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order. - 8 - HC-KAR NC: 2026:KHC:5820 MFA No. 8574 of 2022 (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS, List No.: 1 Sl No.: 26