- 1 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 7712 OF 2018 (MV-I) BETWEEN: DEEPU SAMEER @ SAMEER S/O HAMSAVI AGED ABOUT 43 YEARS, OCC: DRIVER AT SHARAVATHI DENTAL COLLEGE, SHIVAMOGGA, R/O NEAR GOOD LUCK CIRCLE, SWAMY VIVEKANANDA BADAVANE, SHIVAMOGGA TOWN - 577 201. …APPELLANT (BY SRI. PRASAD B S, ADVOCATE) AND: 1. DR. M. GIRISH BABU S/O MAHADEVASWAMY, AGED ABOUT 40 YEARS, R/O NO. 72, B BLOCK, NEAR LAGAN KALYANA MANDIRA, SWAMY VIVEKANANDA BADAVANE, SHIVAMOGGA TOWN, SHIVAMOGA - 577 201. 2. UNITED INDIA INSURANCE CO. LTD., BY ITS DIVISIONAL MANAGER, NEAR AMEER AHAMED CIRCLE, B.H.ROAD, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2 R1 IS SERVED AND UNREPRESENTED) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.06.2018 PASSED IN MVC NO.875/2016 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT JUDGE & ADDITIONAL MACT-3, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The present appeal is filed by the claimant challenging the judgment and award dated 18.6.2018 passed in MVC No.875/2016 by the III Additional District Judge and Additional MACT-III, Shivamogga1 seeking enhancement of compensation. The Tribunal by its judgment and award dated 18.6.2018 awarded a total compensation of `85,000/- together with interest at 6% p.a. 2. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only question that is required to be considered is as to ‘whether the compensation awarded by the Tribunal is required to be enhanced?’ 1 Hereinafter referred to as ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 3. The claimant was aged 44 years as on the date of the accident. It is averred in the claim petition that he was working as a driver at Sharavathi Dental College and Hospital, Shivamogga and earning a sum of `30,000/- p.m. The salary certificate (Ex.P11) discloses that the claimant was paid a consolidated salary of `11,546/- and after deductions towards PF and ESI of a total sum of `1,589/-, he was paid a net salary of `9,957/-. But, no witness has been examined to prove Ex.P11. No other material is produced to demonstrate that the claimant was being paid the monthly salary. Hence, the Tribunal appreciating the material on record has noticed that PW.1 in the cross-examination has admitted that he was still working in the same institution and that he has not stated as to whether he was working as an attender or a driver. 4. The claimant sustained fracture of right hand humerus and crush injury to the 4th toe of the right leg apart from other simple injuries. The orthopaedic surgeon (PW2) has deposed that the claimant was admitted on 25.07.2016, on which day, PW2 has conducted the surgery and the claimant was discharged on 26.07.2016. The disability certificate (Ex.P9) and the treatment certificate (Ex.P10) disclose that the fracture - 4 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 of the right humerus fracture with implant has united. It is further stated in Ex.P9 that there is 100% loss of grip strength, 90% loss of pinch strength and there is 28% disability to the right upper limb functioning. Ex.P10 discloses that the claimant was treated as an out-patient on 2.1.2017 and that follow-up treatment including hand therapy and medications was given on 13.7.2017, 24.10.2017 and 6.11.2017. The Doctor who issued Exs.P9 and P10 was examined through a Court Commissioner as CW.1 and have reiterated the contents of Exs.P9 and P10. Another doctor (PW.3) has deposed that claimant took treatment as an inpatient from 1.9.2016 to 9.9.2016 at Subbaiah Medical College and Hospital, Shivamogga. The medical records of Subbaiah Medical College Hospital & Research Centre, Shimoga have been produced as Ex.P16 which discloses that the claimant underwent a surgery on 03.09.2016 for K-wire implant removal. 5. It is forthcoming from the records that the claimant was registered under the Employees’ State Insurance Corporation and hence, the medical expenses have been reimbursed. - 5 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 6. Having regard to the aforementioned, the compensation is re-assessed as follows: 6.1 The compensation awarded by the Tribunal towards pain and suffering and loss of amenities of `50,000/- and `25,000/- respectively is just and proper. 6.2 Having regard to the nature of injuries and period of treatment, the compensation towards food, nourishment and attendant charges is re-assessed as `20,000/- as against `5,000/- awarded by the Tribunal. Since compensation has been awarded towards food, nourishment and attendant charges, the compensation of `5,000/- towards transportation charges awarded by the Tribunal is set aside. 6.3 Having regard to the nature of injuries sustained, it is clear that the claimant would not have been able to resume his regular work immediately and some time would be required for him to recover from injuries. Although no material is produced with regard to leave that he has taken from his employment, taking note of the income of the claimant as has been discussed at para No.3 and assessing the laid up period of - 6 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 two months, it is just and proper to award a sum of `20,000/- towards loss of income. 6.4 Since the claimant has stated that he has continued in his employment, the Tribunal was justified in not awarding any compensation towards loss of future income/disability. 7. It is noticed that the Tribunal has awarded interest at 6% per annum. However, taking judicial notice of the interest payable towards fixed deposits, it is just and proper to award interest at the rate of 7% p.a., on the compensation as re-assessed by this Court. 8. Hence, the compensation is re-assessed as follows: Sl. No. Heads Amount awarded by the Tribunal (`) Amount awarded by this Court (`) 1. Pain and suffering 50,000.00 50,000.00 2. Loss of amenities 25,000.00 25,000.00 3. Conveyance, attendant’s & Nutrition charges 5,000.00 20,000.00 4. Transportation charges 5,000.00 00 5. Loss of income during laid up period 00 20,000.00 Total 85,000.00 1,15,000.00 - 7 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 9. Hence, question framed for consideration is answered in the affirmative and the claimant is entitled for an enhanced compensation of (````1,15,000/- - ````85,000.00) ````30,000/-. 10. In the result, the following: ORDER i) The above appeal is allowed in part; ii) The judgment and award dated judgment and award dated 18.6.2018 passed in MVC No.875/2016 by the III Additional District Judge and Additional MACT-III, Shivamogga is modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The claimant is entitled for an enhanced compensation of `30,000/- with interest at 7% p.a. from the date of petition till its realization, in addition to the compensation awarded by the Tribunal; iv) Respondent No.2 – insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks - 8 - HC-KAR NC: 2025:KHC:24980 MFA No. 7712 of 2018 from the date of receipt of a copy of this judgment; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs. Sd/- (C.M. POONACHA) JUDGE ND/BS List No.: 1 Sl No.: 0