- 1 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 8215 OF 2019 (MV-I) BETWEEN: SMT. BHAGYAMMA @ BHAGYA W/O LAKSHMINARAYAN, AGED ABOUT 45 YEARS, R/AT JYOTHINGARA, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT 562123. …APPELLANT (BY SRI. RAGHU R, ADVOCATE FOR SRI. SUPREETH B P, ADVOCATE) AND: 1. THE BHARATHI AXA GENERAL INSURANCE CO. LTD., SY.NO.28, I FLOOR, THE FERNS ICON, NEXT TO AKME BALLET, OFF OUTER RING ROAD, DODDANEKUNDI BENGALURU-560037. REP. BY ITS MANAGER. 2. SRI B S MANJUNATH S/O SHIVANNA, THYAMAGONDLU, KALALUGHATTA TALUK, NELAMANGALA TALUK, PIN-562123. …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2019, PASSED IN MVC YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 NO.601/2014, ON THE FILE OF THE MEMBER, MACT AND SENIOR CIVIL JUDGE, NELAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT The above appeal is filed by the claimant challenging the judgment and award dated 21.01.2019 passed in MVC No.601/2014 by the Member, MACT and Senior Civil Judge, Nelamangala1 seeking for enhancement of compensation. 2. The Tribunal by its judgment and award dated 21.1.2019, partly allowed the claim petition and awarded a total compensation of `60,800/- together with interest 9% per annum. Being aggrieved, the claimant has filed the above appeal seeking for enhancement of compensation. 3. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. The only question to be adjudicated in the above appeal is with regard to the adequacy of compensation awarded by the Tribunal. 1 Hereinafter referred to as the ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 4. Heard the submissions of learned counsel Sri. Raghu R. appearing for learned counsel Sri. Supreeth B.P. for the appellant/claimant and learned counsel Sri. B.C. Shivanne Gowda appearing for the respondent No.1/insurer. Perused the records, including the records of the Tribunal. 5. It is forthcoming that the claimant was aged 40 years as on the date of the accident i.e., on 26.08.2014. Hence, the Tribunal has applied the appropriate multiplier of ‘15’ which is just and proper. It was averred that the claimant was stated to be a coolie and was earning `7,000/- per month. However, no documents have been produced to prove his income. Hence, the income of the claimant is re-assessed as `7,000/- per month. 6. The claimant has sustained fracture of right upper arm and right clavical. The Doctor (PW2) has deposed with regard to the treatment that the claimant underwent a surgery and the fractures are united. The Doctor assessed the disability to the upper limb at 30% and 10% to the whole body. However, the Tribunal has assessed the whole body disability at 4%. The - 4 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 disability assessed by the Tribunal is erroneous and liable to be interfered with. Having regard to nature of injuries, more particularly, since the claimant is a coolie and has sustained fracture to the right upper arm and clavical, it is just and proper that the disability be re-assessed as 10%. The claimant had taken treatment as an inpatient for a total period of 3 days. 7. In view of the aforementioned, the compensation is re- assessed as follows: 7.1 The Tribunal has awarded `3,000/- towards medical expenses as well as nourishment. Having regard to the nature of injuries sustained and the period of treatment, it is just and proper that compensation towards medical expenses be awarded in a sum of `3,000/- and compensation towards food, nourishment and attendant charges be awarded in a sum of `10,000/-. 7.2 Having regard to the nature of injuries sustained as also keeping in mind the avocation of the claimant, the loss of income during laid up period is re-assessed as three months - 5 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 and accordingly, a sum of (`7,000 x 3) `21,000/- is awarded as against `4,600/- awarded by the Tribunal. 7.3 Having regard to the nature of injuries sustained, the compensation towards pain and suffering is re-assessed as `35,000/- as against `5,000/- awarded by the Tribunal. 7.4 Keeping in mind the nature of injuries and the resultant disability, the loss of amenities is re-assessed as `25,000/- as against `5,000/- awarded by the Tribunal. 7.5 The Loss of future earning capacity/disability is re- assessed as (`7,000 x 12 x 15 x 10%) `1,26,000/- as against `43,200/- awarded by the Tribunal. 8. 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. 9. In view of the aforementioned, the compensation is re- assessed as follows: - 6 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 Sl. No. Compensation Head Amount Awarded by the Tribunal (`) Amount awarded by this Court (`) 1 Towards medical expenses and nourishment 3,000.00 `3,000.00 2 Food, nourishment and attendant charges 10,000.00 3 Towards loss of income during laid up period and rest 4,600.00 21,000.00 4 Towards injury pain and sufferings 5,000.00 35,000.00 5 Loss of future income 43,200.00 1,26,000.00 6 Towards loss of amenities of life 5,000.00 25,000.00 Total 60,800.00 2,20,000.00 10. Accordingly, the claimant is entitled to enhanced compensation of (`2,20,000/- - `60,800/-) `1,59,200/-. 11. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 21.01.2019 passed in MVC No.601/2014 by the Member, MACT and Senior Civil Judge, Nelamangala is modified to the extent ordered herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to enhanced compensation of `1,59,200/- together with - 7 - HC-KAR NC: 2025:KHC:27293 MFA No. 8215 of 2019 interest at 7% per annum from the date of petition till its realization in addition to the compensation awarded by the Tribunal; iv) Respondent No.1 – insurer is directed to deposit the said compensation together with accrued interest within a period of six weeks. 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 BS