- 1 - HC-KAR NC: 2025:KHC:37523 MFA No. 2124 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2124/2016(WC) BETWEEN: H K GANESH @ GANESHGOWDA S/O KEMPEGOWDA, 52 YEARS, R/AT CHIKKONAHALLI VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. NARENDRA GOWDA.,ADVOCATE) AND: 1. ANNAPPA, S/O MALLEGOWDA R/AT KURUBARAHALLI VILLAGE, MOSALEHOSAHALLI POST, SHANTHIGRAMA HOBLI, HASSAN TALUK. 2. THE NEW INDIA ASSURANCE CO LTD HASSAN BRANCH, CHANDAN COMPLEX HARSHAMAHAL ROAD, HASSAN - 573 201. …RESPONDENTS (BY SRI M.P. SRIKANTH, ADVOCATE FOR R2, R-1 SERVED) MFA FILED U/S.30(1) OF THE EMPLOYMENT COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.01.2016 PASSED ON ECA NO.15/14 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, PARTLY ALLOWING THE PETITION FILED U/S.3&5 OF THE WORKMEN'S COMPENSATION ACT. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37523 MFA No. 2124 of 2016 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred against the award of the Competent Authority in ECA No.15/2014 dated 20.01.2016. Injured workman filed claim application before the concerned authority claiming compensation of Rs.10,00,000/- with interest. 2. The Competent Authority considering the entire evidence on record granted compensation amount of Rs.2,44,820/- with interest at the rate of 12% per annum from date of accident till date of realization. Aggrieved by the said order this appeal is preferred. 3. Learned counsel for the appellant contended that appellant examined PW-2 doctor who assessed disability of 15% to the left hand and 18% to the right leg and also stated - 3 - HC-KAR NC: 2025:KHC:37523 MFA No. 2124 of 2016 that there is 50% of loss of earnings. But the Competent Authority has taken disability at 20% without any basis and thus he requested for enhancement of compensation. 4. It is stated that Ganesha was a driver and he met with an accident on 18.9.2011 and sustained injuries. As per the evidence of PW 2 and other relevant medical documents the disability was assessed at 15% to the left hand and 18% to the right leg therefore, this Court finds that the total disability comes to 33% but the Competent authority erred in taking disability at 20% without any basis therefore, this Court finds it reasonable to assess the disability of the workman-appellant at 33% as per the evidence of P.W.2-Doctor. Hence, the loss of earning capacity comes to 10,000 X 33% X 117.41=Rs.3,87,453/- towards loss of earning capacity as opposed to Rs.2,34,820/-. 5. The appellant-workman was hospitalised for a period of four days and he was treated in the Government Hospital. Though he has stated that he has spent Rs.25,000/- towards medical expenses, but he has not produced any medical records to substantiate the same. Hence, the - 4 - HC-KAR NC: 2025:KHC:37523 MFA No. 2124 of 2016 Competent Authority has rightly awarded a sum of Rs.10,000/- towards medical expenses and same does not warrant any interference. 6. Therefore, the appellant is awarded a total compensation of Rs.3,97,453/- as opposed to the compensation awarded by the Competent Authority at Rs.2,44,820/-. The appellant is entitled for an enhanced compensation of Rs.1,52,633/-, along with interest at 12% per annum from the date of accident till its actual realization. 7. Accordingly, I pass the following: ORDER i. The appeal is allowed in part. ii. The appellant – Workman is entitled for an additional compensation of Rs.1,52,633/-, along with interest at 12% per annum from the date of the accident till its realization in addition to what has been awarded by the Competent Authority. iii. The respondent - Insurance Company is directed to deposit enhanced compensation within a period of one month from this order. - 5 - HC-KAR NC: 2025:KHC:37523 MFA No. 2124 of 2016 To this extent, the judgment and award stands modified. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 49