- 1 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 3267 OF 2016 (MV-I) BETWEEN: GANGA, AGED ABOUT 27 YEARS, D/O GOVINDA NAIK, R/AT CHIKANSAL ROAD, KUNDAPURA KASBA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 201. …APPELLANT (BY SRI. NAGARAJA H.R.,ADVOCATE) AND: 1. SRI. CHANDRASHEKARA, AGED ABOUT 47 YEARS, S/O NAGA POOJARY, R/AT H.NO.2/56, MOODAHADU VILLAGE, UDUPI TALUK AND DISTRICT-576 101. 2. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, JEWEL PLAZA, MARUTHI VEETHIKA, UDUPI-576 101. REPT. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. O.MAHESH, ADVOCATE FOR R2, R1 IS SERVED) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 24.11.2015 PASSED IN MVC NO.356/2014 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, 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 MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal has been filed by the claimant against the judgment and award dated 24.11.2015 passed by the Addl.District and Sessions Judge and MACT, Udupi, (sitting at Kundapura), Kundapura (for short 'the Tribunal) in MVC.No.356/2014 2. The brief facts of the case of both the parties are that: On 24.02.2014, the petitioner was travelling as pillion rider on the motor-cycle bearing registration No.KA-20-W-3458 from Barkur to Kadoor side; one Krishna Poojary was riding the said motor cycle. The said Krishna Poojary was riding the motor cycle in a rash and negligent manner as a result he lost control over the vehicle and caused the accident. Due to the - 3 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 same the petitioner sustained a fracture to her right clavicle. She underwent surgery and took treatment as an in-patient. The claimant was working as a coolie and earning Rs.12,000/- per month. Due to the injuries sustained in the accident, she has suffered permanent disability and unable to continue her work and suffered a loss of income. With these reasons, she prayed to award compensation of Rs.13,09,000/-. 3. The respondents denied the contentions of the claimant and prayed to dismiss the claim petition. 4. The Tribunal framed necessary issues. 5. The claimant to prove her case examined two witnesses as PW-1 and 2 and marked Ex.sP1 to P14. The respondent No.2 has not led evidence but marked Ex.R1. 6. After hearing both the parties, by the impugned judgment, the Tribunal awarded total compensation of Rs.1,52,000/-. 7. The claimant found that said amount is inadequate, hence she has preferred this appeal. - 4 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 8. The respondent has not disputed the fact of the accident and the injuries sustained by the claimant. Respondents have not filed any appeal. Looking at the facts and circumstances, the question that arises for the consideration is: i. Whether the claimant is entitled to enhancement of compensation? 9. My answer to the said point is partly in the affirmative for the following reasons: As per the case of the claimant, she has sustained the fracture of right clavical bone. The main contention of learned counsel for the appellant is that the Tribunal has not awarded any amount of compensation towards the loss of future earning capacity due to permanent disability. The said contention is not tenable. Although PW-2 has stated that the claimant is suffering from a permanent disability to the extent of 15% to the whole body; This constitutes a physical disability and not amounts to a functional disability that affects her earning capacity. A clavicle bone fracture, in general, does not lead to any permanent disability, affecting earning capacity of a coolie. - 5 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 10. On re-appreciating the materials on record, the amount of compensation awarded towards loss of earnings during laid up period, transportation, special diet, conveyance and also under loss of amenities, is on the lower side, which requires enhancement. 11. The Tribunal though discussed that claimant must have lost her earnings for a period of 2 to 3 months but awarded compensation of Rs.15,000/- towards loss of income during laid up period. The claimant took treatment as in- patient from 24.02.2014 to 05.03.2014, she underwent surgery and took follow up treatment. Since the claimant was not awarded any amount of compensation under the head loss of future earning capacity, more amount of compensation shall be awarded towards loss of amenities. 12. For the aforesaid discussions, the following amount of compensation is awarded: SL.NO. PARTICULARS AMOUNT IN (RS.) 1. Pain and suffering 35,000 2. Loss of earning during the laid up period 25,500 - 6 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 3. Medical expenses and other incidental charges 52,000 4. Attendance charges, special diet and conveyance charges 25,000 5. Loss of amenities and future unhappiness 60,000 Total Amount awarded by Tribunal Enhancement Rs.1,97,500/- Rs.1,52,000/- Rs.45,500/- Claimant is entitled to enhancement of Rs.45,500/- which is rounded off to Rs.46,000/- with interest @ 6% per annum on the enhanced amount from the date of petition till its realization. Respondent No.2 shall pay the same. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed in part. ii. The Judgment and award passed in MVC.No.356/2014 dated 24.11.2015 by the Additional District & Sessions Judge and MACT, Udupi, (sitting at Kundapura), Kundapura is modified. - 7 - HC-KAR NC: 2025:KHC:38241 MFA No. 3267 of 2016 iii. The claimant is entitled to enhanced compensation of Rs.46,000/- with interest @ 6% per annum from the date of petition till the realization of the enhanced compensation. iv. Respondent No.2 - insurer shall deposit the said amount within a period of six weeks from the date of award. v. Amount of compensation enhanced is marginal, therefore, entire amount is ordered to be released in favour of the claimant. Registry is directed to send back the trial Court records to the Tribunal along with the copy of the judgment. Sd/- (UMESH M ADIGA) JUDGE AG, List No.: 1 Sl No.: 20