- 1 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCL. FIRST APPEAL NO.202566 OF 2022 (MV-I) BETWEEN: MADIVALAPPA S/O SIDRAMAPPA DESAI, AGE: 29 YEARS, OCC: AT PRESENT NILL, R/O. SASNUR, TQ. MUDDEBIHAL, DIST. VIJAYAPURA-586 101. …APPELLANT (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE) AND: 1. RAMANAGOUDA S/O PARUTAGOUDA BIRADAR, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O. SASNUR, TQ. MUDDEBIHAL, DIST. VIJAYAPURA-586 101. 2. THE MANAGER LEGAL, THE NEW INDIA ASSURANCE CO. LTD., HANAMASHETTI BUILDING, GURUKUL ROAD, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI. SANJAY M. JOSHI, ADV. FOR R2; R1-SERVED) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 THIS MFA IS FILED U/S. 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT-V, VIJAYAPURA AT VIJAYAPURA IN MVC NO.334/2019 DATED 07.10.2021 AND BE PLEASED TO ALLOW THE CLAIM PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE APPELLANT. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE T.M. NADAF) This appeal is by the claimant seeking for enhancement arising out of judgment and award dated 07.10.2021 in MVC No.334/2019, passed by the Prl. Senior Civil Judge and MACT-V, Vijayapura (for short ‘the Tribunal’) only on the ground of quantum of compensation. 2. The date of accident, involvement of the vehicle, injury suffered by the claimant and the liability to pay compensation is not in dispute; the only dispute is in - 3 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 respect of inadequate compensation awarded by the Tribunal. 3. Heard Sri.Sanganabasava.B.Patil, learned counsel appearing for the appellant/claimant and Sri.Sanjay.M.Joshi, learned counsel appearing for the respondent No.2. Respondent No.1 served but unrepresented. 4. Sri.Sanganabasava.B.Patil with all vehemence submitted that the in the accident the appellant has suffered the severe injury resulting in amputation of left leg above knee with stump exceeding 12.17 c.m in length. Though, the Tribunal has taken the disability at 70%, however, the Tribunal has failed to consider the income as per the chart prepared by the Karnataka State Legal Services Authority for the year 2019 (for short ‘KSLSA’). The Tribunal has taken income at Rs.10,000/- p.m., which is against the chart of KSLSA at Rs.13,250/- for the year 2019. Further, the Tribunal has not considered adding 40% future prospects considering the age of the injured as - 4 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 26 years on the date of accident. Further, the Tribunal has failed to consider to award appropriate compensation under in all the heads except medical expense. So also the Tribunal has failed to consider the case of the appellant to award appropriate compensation towards future medical expenses i.e., artificial limb. Hence, the compensation awarded by the Tribunal is on the lower side which requires enhancement. Accordingly, sought to allow the appeal. 5. Refuting the submission of the learned counsel appearing for the claimant/appellant, Sri.Sanjay.M.Joshi, with all vehemence submitted that the Tribunal in the absence of any income proof taken the income at Rs.10,000/- p.m., and awarded appropriate compensation considering the disability at 70% and taking the age of injured as 26 years applied appropriate multiplier ‘17’. So also the compensation awarded under each head is just and proper which does not call for any interference at the - 5 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 hands of this Court. Accordingly, sought for dismissal of the appeal. 6. Having heard the learned counsel appearing for the parties, perused the entire appeal papers, the only point that would arise for our consideration is; “Whether the compensation awarded by the Tribunal befit within the expression of just compensation ?” 7. Our answer to the above point for consideration is ‘partly in affirmative’ for the following: REASONS 8. It is not in dispute that the incident has taken place on 21.01.2019. The income fixed for the year 2019 under the chart prepared by the ‘KSLSA’ is at Rs.13,250/-. It is not in dispute that the appellant has suffered injury resulting in amputation of left leg above knee with stump exceeding 12.17 c.m in length. As per the Schedule-I of Workmen’s Compensation Act, Part II at Sl.No.18 for an amputation above knee with stump exceeding 12.17 c.m., - 6 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 the disability would be 70%. We have perused the entire judgment and award passed by the Tribunal, when compared to the injury suffered; the compensation awarded under each head except the medical expense are comparatively on the lower side, the same requires reconsideration and re-determination. Accordingly, we proceed to re-determine the compensation under the above said heads; 9. Taking 70% towards ‘Loss of Future Income on account of permanent disability’ of injured and also adding 40% towards ‘Future Prospects’ as well as applying relevant multiplier of ‘17’, the loss of future income comes to Rs.26,48,940/-. 10. On re-determination a sum of Rs.1,50,000/- awarded towards ‘Pain and suffering’, further Rs.4,81,743/- towards Medical bills incurred, ‘attendant, conveyance, Nourishing food and other incidental expenses’, awarded a sum of Rs.79,500/- towards ‘Loss during laid up period’ for a period of six months, awarded - 7 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 Rs.4,50,000/- towards ‘purchase of artificial limb’ and awarded Rs.1,50,000/- towards ‘loss of amenities’. 11. In that view of the matter, on re-determination, the appellant is entitled for the compensation as follows: Heads of compensation Amount Loss of future income on account of permanent disability (13250 + 40% x 12 x 17 x 70%) : Rs. 26,48,940/- Pain and suffering : Rs. 1,50,000/- Medical bills incurred and, attendant, conveyance, Nourishing food and other incidental expenses : Rs. 4,81,743/- Loss during laid up period for six months (Rs.13,250 x 6) : Rs. 79,500/- Artificial limb For three times each 1,50,000/- : Rs. 4,50,000/- Loss of amenities : Rs. 1,50,000/- TOTAL : Rs. 39,60,183/- 12. Accordingly, the appellant/claimant is entitled for a sum of Rs.39,60,183/- as against Rs.20,25,000/-. As - 8 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 such, the enhanced compensation would comes to Rs.19,35,183/-, rounded of to Rs.19,35,500/-. 13. For the foregoing reasons, we pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award passed by the Tribunal in award dated 07.10.2021, in MVC No.334/2019, passed by the Prl. Senior Civil Judge and MACT-V, Vijayapura is modified; (iii) The appellant is entitled for enhanced compensation of Rs.19,35,500/- which shall carry interest at the rate of 6% from the date of petition till realization. (iv) The respondent No.2- Corporation shall deposit the entire enhanced compensation along with interest supra before the concerned Tribunal - 9 - HC-KAR NC: 2025:KHC-K:5532-DB MFA No. 202566 of 2022 within a period of six weeks from the date of receipt of copy of this order. (v) After deposit, 75% with accrued interest is to be deposited in any national bank in an interest bearing fixed deposit for a period of 3 years with a renewable clause for another two terms of three years each. The bank shall not permit any loan on the amount in deposit without an appropriate order by the concerned Tribunal/Court. (vi) Balance 25% along with accrued interest be released in favour of the appellant/claimant, on proper identification. (vii) No order as to cost. Sd/- (H.P.SANDESH) JUDGE Sd/- (T.M.NADAF) JUDGE AMM List No.: 1 Sl No.: 36, CT: AK