- 1 - NC: 2025:KHC-D:3052 MFA No. 104287 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104287 OF 2022 (ECA) BETWEEN: SHRI SURESHA S/O. BHIMAPPA HAGEDA, AGE. 33 YEARS, OCC. DRIVER, NOW NIL, R/O. GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. …APPELLANT (BY SRI S.S. HATTIKATAGI, ADVOCATE) AND: 1. SHRI YALLAPPA S/O. UDDAPPA MUDAGANNAVAR, AGE. 30 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. SARVAPUR, TORGAL, TQ. RAMDURG, DIST. BELAGAVI-593107. 2. SBI GENERAL INSURANCE CO. LTD., BY ITS SENIOR DIVISIONAL MANAGER, ”NATARAJ” 101, 201 AND 301, JUNCTION OF WESTERN EXPRESS HIGHWAY, AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI-400069. …RESPONDENTS (BY SRI SUBHASH J.BADDI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN’S COMPENSATION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 02.07.2022 PASSED IN E.C.A.NO.02/2021, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE GOKAK C/C II ADDITIONAL SENIOR CIVIL JUDGE, GOKAK AND ENHANCE THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3052 MFA No. 104287 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the claimant challenging the judgment and award dated 02.07.2022, passed by the I Additional Senior Civil Judge, Motor Accident Claims Tribunal and Commissioner for Employees Compensation, Gokak, in ECA No.2/2021, seeking enhancement of compensation. 2. Heard the arguments and perused the material placed before the Court. 3. The occurrence of accident, injuries sustained by the claimant, coverage of insurance are not in dispute in this case. 4. In the present case, from the medical evidence on record it is proved that the claimant had suffered the following injuries. - 3 - NC: 2025:KHC-D:3052 MFA No. 104287 of 2022 “Fracture of 2nd base metacarpal right hand, cut lacerated wound over the scalp about 2”X1” and other injuries to his whole body.” 5. In this case, the Tribunal has awarded compensation under the following heads: Sl. No. Heads. Amount in (Rs.) 1. Towards loss of earning capacity due to disability. 1,65,118 2. Towards medical expenses. 23,743 Total: 1,88,861 6. The only dispute in this case is consideration of income at Rs.9,000/- per month by the Tribunal. 7. The claimant having sustained employment injuries, out of and in the course of employment while working as a driver of goods vehicle bearing registration No.KA-22/D-1339 under the employment of respondent No.1, the Tribunal has awarded a compensation of Rs.1,65,118/- for the injuries sustained, by holding percentage of disability at 15% and considering the relevant factor according to the age of the claimant. - 4 - NC: 2025:KHC-D:3052 MFA No. 104287 of 2022 8. On perusal of the record, the claimant has suffered fracture of 2nd base metacarpal right hand, cut lacerated wound over the scalp about 2”X1” and other injuries to his whole body. PW.2 doctor has stated that the claimant has suffered 15% disability to the whole body, which is rightly considered by the Tribunal at 15%. The accident is caused on 25.09.2020. Therefore, monthly income is taken at Rs.15,000/-. As per section 4 of the Workmen’s Compensation Act, 60% of the monthly wages has to be considered. The claimant was aged 32 years old at the time of accident. Considering the age of the claimant, the relevant factor is 203.85. Therefore, the compensation under the head loss of compensation due to disability is reassessed and quantified as under: Rs.2,75,197/- (Rs.15,000 x 60% x 15% x 203.85). 9. The compensation of Rs.23,743/- awarded by the commissioner towards medical expenses is kept intact as it is based on the actual medical bills. - 5 - NC: 2025:KHC-D:3052 MFA No. 104287 of 2022 10. Therefore, the claimant is entitled for total compensation of Rs.2,98,940/- along with interest at the rate of 12% p.a. from the date of accident till realization, as against Rs.1,88,861/- awarded by the Commissioner. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment. 11. In the result, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and award dated 02.07.2022, passed by the I Additional Senior Civil Judge, Motor Accident Claims Tribunal and Commissioner for Employees Compensation, Gokak, in ECA No.2/2021, stands modified. iii) The claimant is entitled for total compensation of Rs.2,98,940/- along with - 6 - NC: 2025:KHC-D:3052 MFA No. 104287 of 2022 interest at the rate of 12% p.a. from the date of accident till its realization, as against the compensation of Rs.1,88,861/- awarded by the Commissioner. iv) The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment. v) Send a copy of this judgment and award to the Tribunal. vi) No order as to costs. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 68