- 1 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.8747 OF 2018(MV-I) BETWEEN: MR THARANATH S/O. MADAVA DEVADIGA, AGED 33 YEARS, R/AT SHRIRAM NIVAS, KARINGANA VILLAGE AND POST, BANTWAL TALUK, D.K DISTRICT - 574 219 …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. ABDUL MAJEED S/O. U H IBRAHIM, AGED ABOUT 46 YEARS, R/AT NO. DOOR NO. 23-8-500, MISSION COMPOUND, NEAR KANTHI CHURCH, ATTAVAR, MANGALURU, D.K. DISTRICT - 575 003 2. THE NEW INDIA ASSURANCE CO. LTD., OFFICE AT: 1ST FLOOR, CENTENARY BUILDING, G.H.S. ROAD, MANGALURU, D.K. - 575 001 REP. BY ITS BRANCH MANAGER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 3. MR. K. RAJESH BHAKTHA S/O. LATE. GANESH BHAKTHA, AGED ABOUT 36 YEARS, R/AT DOOR NO. 2-121, SHREE MAHALASA GURUNAGARA, MANGALORE, D.K. DISTRICT - 575 007 4. IFFCO TOKIO GAENERAL INSURANCE CO. LTD., OFFICE AT: 1ST FLOOR, SHASHIKIRAN BUILDING, SHANKARAMUTTA ROAD, MYSORE - 570 024 REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. A. R. LAKSHMINARAYANA, ADVOCATE FOR R2; R1 - SERVED; V/O DATED 03.09.2024 NOTICE TO R3 & R4 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.05.2018 PASSED IN MVC NO.26/2014 ON THE FILE OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE, MACT, MANGALURU D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. Heard arguments of learned counsel appearing for the parties. 2. This appeal is filed against the award passed by the Tribunal in MVC No. 26/2014 dated 29.05.2018. 3. Injured claimant filed claim application claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted compensation of Rs.6,24,945/- with interest at the rate of 6% p.a. Aggrieved by the said order, this appeal is preferred. 4. Learned counsel for appellant contended that petitioner sustained 5 grievous injuries and was hospitalized for 29 days. The Tribunal granted meager amount as compensation. Petitioner examined P.W.2 and he assessed disability as 55% to the left upper limb. Petitioner was aged 29 years working as Salesman in Cauvery Gas Agency, Bunder, Mangaluru and was earning a sum of Rs.16,000/- per month. The Tribunal has - 4 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 considered his income as Rs.9,000/- per month and multiplier is taken as 16 instead of 17. Learned counsel also requested for enhancing the compensation granted under the head `loss of income during laid up period’. He further submitted that rate of interest granted by the Tribunal is on the right side. 5. Though petitioner stated that he was earning Rs.16,000/- per month, he has not produced any proof of income. The accident occurred on 29.07.2013 and as per the guidelines of the Karnataka State Legal Services Authority this Court finds it reasonable to take the monthly income of the petitioner at Rs.8,000/- and 40% is to be added towards future prospects. 8000 + 40% = 11200 6. Petitioner was aged 29 years and the multiplier applicable in the instant case is 17. 7. As per the wound certificate petitioner sustained the following injuries: 2 complainant CLW PVM Lt Forehead - 5 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 Degleving injury left upper limb extending from mid arm to distal forearm Dislocation of left elbow and soft tissue loss Left upper limb distal pulse not felt – no finger movement BP 90/60 left elbow chip # of radial head in the X Ray Would decridement – wire fixation Lt elbow done 8. Petitioner was admitted to the hospital for 29 days. P.W.2 assessed the disability as 55% to the left upper limb. The Tribunal has taken 1/3rd of the same as 18%. Ex.P.7 and Ex.P.9 are discharge summaries and Ex.P.10 is disability certificate. Learned counsel for appellant relied upon the discharge summaries and stated that in fact amputation was suggested to the petitioner and as he was unwilling it was not done to him. 9. In the discharge summary it was observed: “movement of the hand could not be assessed due to pain, left elbow dislocated with - 6 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 chip and fracture of left radial and crush injury Left UL.” “The patient and patient party were explained in detail the necessity of an amputation, however, since they were unwilling for the same, a flap reconstruction surgery was performed. It has been explained in detail that the flap reconstruction is meant only as a soft tissue cover and not to improve the hand function.” 10. Considering the nature of injury, period of hospitalization and also the disability assessed by the Doctor, this Court finds it reasonable to assess the disability at 25% instead of 18%. Therefore, loss of future income comes to 11200 X 12 X 17 X 25% = 571200 11. The amount of compensation granted by the Tribunal under the head `pain and suffering’ is enhanced from Rs.30,000/- to Rs.50,000/- and the amount of compensation granted under the head `loss of amenities’ is enhanced from Rs.20,000/- to Rs.30,000/- and the - 7 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 amount of compensation granted under the head attendant charges, extra nourishment and transportation is enhanced from Rs.12,600/- to Rs.40,000/-. 12. Amount granted by the Tribunal under the head `loss of income during the laid up period’ is Rs.27,000/-. Petitioner might not have attended the office for 4 months and therefore, loss of income during the laid up period is : 8000 X 4 = 32000 13. In view of the above, total compensation payable would be: a) Pain and suffering - Rs. 50,000.00 b) Attendant charges, food and extra nourishment and - Rs. 40,000.00 conveyance etc. c) Medical expenses - Rs.2,24,305.00 d) Loss of future income due to disability - Rs.5,71,200.00 e) Loss of income during laid up period - Rs. 32,000.00 f) Loss of amenity - Rs. 30,000.00 ----------------- TOTAL - Rs.9,47,505.00 - 8 - HC-KAR NC: 2025:KHC:38500 MFA No. 8747 of 2018 14. Respondent No. 2 is directed to deposit a sum of Rs.9,47,505/- with interest at the rate of 6% p.a. within 1 month from today. On such deposit, petitioner is permitted to withdraw the entire amount with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE LRS List No.: 1 Sl No.: 66