- 1 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.1956 OF 2023 (MV-I) BETWEEN: 1. SMT. MANGALA W/O MAREGOWDA AGED ABOUT 30 YEARS R/O MASKAL, GULUR HOBLI TUMAKURU TALUK – 572 122 TUMAKURU DISTRICT …APPELLANT (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: 1. THE MANAGER KARNATAKA GOVERNEMNT INSURANCE DEPARTMENT (KGID) NEAR VIDHANASOUDHA BENGALURU – 560 002 2. THE DEPUTY DIRECTOR SERICULTURE DEPARTMENT ZILLA PANCHAYATH TUMAKURU – 577 201 …RESPONDENTS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 (BY SRI.JAYALINGAIAH MUDDENOORR MUTT, AGA FOR R1; VIDE ORDER DATED 27.06.2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.10.2022 PASSED IN MVC NO.628/2021 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT-XI, TUMAKURU, ENHANCE THE COMPENSATION AMOUNT, BY ALLOWING THE CLAIM PETITION, AS CLAIMED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT This appeal is filed by the appellant-claimant seeking enhancement of the compensation awarded by the Tribunal in MVC.No.628/2021, dated 29.10.2022, on the file of Additional Senior Civil Judge And MACT-XI, Tumakuru. 2. The date of accident, involvement of the vehicles, injuries sustained by the claimant and liability - 3 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 fastened are not in dispute. The appellant is aggrieved by the inadequate compensation determined by the Tribunal. 3. Heard both the learned counsels for the parties and perused the materials. 4. Sri.Jayalingaiah Muddenoorr Mutt, learned AGA appearing for the respondents vehemently contends that the injury being just an ‘extensor tendon injury of group of muscle of right forearm’ and there is no fracture involved. As such, the award passed by the Tribunal does not call for any interference. However, he is not in a position to make out his case in respect of his arguments in respect of non-consideration of grant of ‘loss of future earnings’ by the Tribunal, in the presence of medical evidence. That apart, the amount awarded under all the heads are also on the lower side which requires consideration. 5. The claimant is a lady aged about 28 years suffered, injury of ‘extensor tendon injury of group of muscle of right forearm’ and injuries all over the body, - 4 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 which is evident from para-12 of the judgment of the Tribunal. Since, the aforesaid injury is grievous in nature, the quantum of compensation awarded by the Tribunal under the head ‘Pain and Sufferings, at Rs.20,000/-, is on lesser side and is enhanced by another sum of Rs.10,000/-. 6. The Tribunal has awarded a sum of Rs.59,731/- towards ‘Medical Expenses’, which is as per actual medical bills and receipts and the same is kept in tact. 7. Admittedly, the appellant-claimant was inpatient for four days. She was under rest thereafter for 2½ months, as per her evidence before the Tribunal, which is not seriously disputed by the respondent. The Tribunal has awarded a sum of Rs.15,000/-, towards ‘attendant charges, extra-nourishment, food and conveyance expenses’ which is on lower side and the same is enhanced by another sum of Rs.5,000/-, which would meet the ends of justice. - 5 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 8. So far as ‘Loss Of Future Amenities’ is concerned, the Tribunal has awarded Rs.20,000/-. The same appears to be on lower side, in view of injuries suffered by the claimant and the same is enhanced by another sum of Rs.10,000/-. 9. It is seen from the records, that there is no discussion forthcoming by the Tribunal in respect of ‘loss of future income’ despite the evidence of PW-2, who is the treated Doctor, before the Tribunal. The Doctor-PW2 in his evidence has stated as follows regarding treatment and disability: “A Patient by name Mrs.Mangala aged 28 years resident of Muskel village, Gulur Hobli, Tumkur had come to our hospital on 14/12/2020 at around 06:59 PM with history of RTA. As per records RTA occurred on 14/12/2020 at around 5:40 PM near Honnudike Hand Post. She was admitted to our hospital vide IP no.2021/12176 on 14/12/2020. As per records she had following injuries - 6 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 1. Extensor Tendon injury of group of extensor muscles of right forearm She was treated with surgery on 14/12/2020, Wound debridement with Extensor muscle and tendon repair done under GA on 14/12/2020. She was also treated with antibiotics analgesics and IV fluids during his course of stay at hospital. She was discharged from the hospital on 17/12/2020 and asked to come for follow up at the regular interval as advised. She was coming for follow up in between but I do not have the details for the same I do not have any details of follow op. For the last time she had come to me for follow-up with following complaints and for evaluation of disability on 30.06.2022 1. Weakness of right forearm 2. Unable to hold objects due to pain 3. Difficulty to work using right forearm for long time On examination Healed scar of size 12cm X 2cm over mid dorsal aspect of right forearm healed by secondary intention Right elbow: ROM: flexion 0-100 Power in right elbow: 4/5 Right Wrist: ROM: DF: 0-60, PF: 0-50, Rotation: 0-45 Power in right wrist joint: 3/5 - 7 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 Wasting of right forearm muscles by 4 cm X ray right forearm shows well united fracture right radius (vide X ray no 3037 dated 30.06.2022 Disability assessment: Right elbow: Loss of ROM 30% = 30X0.3 = 9% Loss of power: 20% = 20X0.3 = 6% Disability right elbow: 9+6(90-9) /90 = 14% Right wrist joint: Loss of ROM: 40% = 40X0.3 = 12% Loss of Power 40% = 40X0.3 = 12% Disability for right wrist joint: 12+12(90-12)/90 = 22% Disability for right forearm=22+14(90-22)/90 = 33% Whole body disability: 33/3 = 11% While assessing the above disability I have verified the following: 1. Ip Records of Patient(vide IP no 2021/12176 2. Discharge card issued at Hemavathi Orthopedic and trauma centre 3. Х гау по 3037 dated 30.06.2022 4. Outpatient slip dated 30.06.2022 5. Manual for assessing disability by ministry of social justice and empowerment” 10. The claimant to substantiate the injuries and disability suffered has placed reliance on the PW-2 - - 8 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 Doctor's evidence. PW-2, Doctor has been cross-examined by the respondent. However, nothing worth has been extracted to dislodge his evidence. The Doctor has opined the disability at 11%. The appellant-claimed that she was working as a Helper in a Private factory and was earning Rs.15,000/- p.m. Considering the nature of injuries and since the same is in respect of upper-limb, the same is taken as 1/3rd of total disability stated by the Doctor-PW-2 and the same is taken at 4%. 11. There is no income proof produced by the claimant before the Tribunal. The accident is of the year 2020 and the claimant was hail and healthy lady aged 28 years. Therefore, as per Chart of notional income recognized by the Karnataka State Legal Services Authority, a sum of Rs.15,000/- is to be taken as notional monthly income of the claimant, as against Rs.14,500/- taken by the Tribunal, which is on the lower side. The claimant was aged 28 years as on the date of the accident and the appropriate multiplier applicable is ‘17’. Therefore, - 9 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 the compensation under the head ‘Loss Of Future Income’ is recalculated and quantified as follows: Rs.15,000/- x 12 x 17 x 4% = Rs.1,22,400/- 12. In view of the accidental injuries, the claimant would have taken rest atleast for a period of Two months. Therefore, by taking income at Rs.15,000/- per month and calculating the laid up period for two months, the claimant is entitled for a sum of Rs.30,000/- (Rs.15,000 x 2 months), under the head ‘Loss Of Earning During Laid Up Period’, as against Rs.29,000/- awarded by the Tribunal. 13. In summary, the total compensation re- determined by this Court under various heads is as follows: 1. Pain and Sufferings : Rs. 30,000/- 2. Attendant Charges, Extra Nutritious food and conveyance expenses : Rs. 20,000/- 3. Medical Expenses : Rs. 59,731/- - 10 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 4. Loss of Future Amenities : Rs. 30,000/- 5. Loss of earning during laid up period : Rs. 30,000/- 6. Loss of future income : Rs. 1,22,400/- TOTAL : Rs. 2,92,131/- 14. The total compensation re-determined by this Court works out to Rs.2,92,131/- as against Rs.1,43,731/- awarded by the Tribunal. Hence, the appellant – claimant is entitled for an additional compensation of Rs.1,48,400/- (Rs.2,92,131 – Rs.1,43,731) along with interest at 6% per annum from the date of filing of the petition till realization, in addition to what has been awarded by the Tribunal. Respondent No.1 - Insurance Company is directed to deposit the amount of total compensation within Eight Weeks from the date of receipt of the certified copy of this judgment. 15. For the foregoing reasons, this Court proceeds to pass the following: - 11 - NC: 2025:KHC:7949 MFA No. 1956 of 2023 ORDER i) The appeal is Allowed-In-Part; ii) The judgment and award passed by the Tribunal in MVC.No.628/2021 is modified; iii) The appellant – claimant is entitled for an additional compensation of Rs.1,48,400/-, along with interest at 6% per annum from the date of filing of the petition till realization. iv) The enhanced compensation amount shall be released in favour of the appellant. Sd/- (T.M.NADAF) JUDGE JJ List No.: 38 Sl No.: 10