- 1 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.6345 OF 2022(MV-I) BETWEEN: SREERAMA REDDY S/O HANUMANTHAPPA, AGED ABOUT 51 YEARS, R/AT SINGAREDDYHALLU VILLAGE, BUDIBETTA POST, Y. N. HOSAKOTE HOBLI, PAWAGADA TALUK, NOW R/AT 1ST CROSS, SIRA GATE, TUMAKURU CITY – 572 106. …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. ASHRITH N S/O NARASIMHAMURTHY H., AGED ABOUT 47 YEARS, R/AT 1ST MAIN, PRASHANTHANAGAR, T. DASARAHALLI, BENGALURU – 560 057. - 2 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 2. ROYAL SUNDARAM ALLIANCE INS. CO LTD., BY ITS MANAGER, MANGALYA, PUNARBHAV, NO.132, BRIGADE ROAD, BENGALURU - 560 025. …RESPONDENTS (BY SRI. RAVI SHANKAR S SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 13.09.2022 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.04.2022 PASSED IN MVC NO.520/2020 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed by the appellant/claimant by impugning judgment an order dated 19.04.2022 passed by the VI Additional District and Sessions Judge at Tumkuru in MVC.No.520/2020 filed by the appellant/claimant. - 3 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 2. The appellant/claimant suffered injuries in a road accident while he was riding as a pillion on a motorcycle bearing Registration No. KA-06-V-864. When the motorcycle was near Bheemasandra Bridge, a lorry bearing Registration No. KA-52-B-0117, driven rashly and negligently, came from behind and dashed against the motorcycle. As a result, the claimant, being the pillion rider, sustained grievous injuries, culminating in the amputation of his right hand above the elbow. 3. The Tribunal following two issues for consideration: “1. Whether the petitioner proves that due to rash and negligent driving of the Lorr bearing Reg. No.KA.52.B.0117 resulted in the petitioner suffering grievous injury in the accident? riding of the bike bearing Reg.No.KA.06.HB.6907 resulted in accident and the petitioner getting injured? 2. Whether the petitioner is entitled to the compensation? If so what amount and from whom? 3. What order?” - 4 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 4. To substantiate the injuries, the claimant examined his treating doctor as PW.2 and produced the wound certificate, Exhibit P4. The certificate indicates the claimant suffered an ischemic gloving injury distal to the elbow joint, ultimately requiring amputation. The doctor opined this injury was grievous in nature. 5. Despite the amputation of the right hand above the elbow, the Tribunal assessed the disability at only 30% and did not award any future prospects for loss of future income. 6. It is undisputed that the claimant's right hand was amputated above the elbow. As per the schedule to the Employees' Compensation Act, 1923, the loss of a hand is assessable at 70%. Therefore, the disability suffered by the claimant is required to be assessed at 70%, not 30% as done by the Tribunal. 7. The accident occurred in 2020. In accordance with the guidelines issued by the Legal Services Authority, the claimant's income is taken as Rs.14,500/- per month. The - 5 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 claimant was 49 years old at the time of the accident, warranting an addition of 25% towards loss of future prospects. 8. Consequently, the loss of future income is reassessed as follows: Notional Income: Rs.14,500/- Future Prospects (25%): Rs.3,625/- Total Monthly Income: Rs.18,125/- Loss of Future Income: Rs.18,125x(70/100)x12x13= Rs.19,79,250/- 9. Regarding other heads of compensation: Loss of Amenities: The Tribunal awarded Rs.70,000/-. Considering the nature of the injury amputation of the dominant hand this is enhanced to Rs.1,50,000/-. Loss of Earnings During Treatment: The Tribunal awarded Rs.27,000/- (Rs.9,000 x 3 months). This is enhanced to Rs.43,500/- (Rs.14,500 x 3 months). Compensation for Amputation: The amount of Rs.90,000/- is enhanced to Rs.1,00,000/-. - 6 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 10. The total compensation is thus reassessed as follows: 1. Towards Pain and Sufferings : Rs. 80,000/- 2. Towards loss of amenities : Rs. 70,000/- 3. Towards food nourishment and conveyance charges : Rs. 25,000/- 4. Towards Medical Expenses : Rs. 71,000/- 5. Towards loss earning during treatment : Rs. 43,500/- 6. Towards loss of future income (18,125X70/100X12X13) : Rs. 19,79,250/- 7. Future Medical expenses : Rs. 1,00,000/- TOTAL : Rs. 23,68,750/- 11. The Tribunal had awarded a total compensation of Rs.7,84,200/-. Thus, the appellant/claimant is entitled to an enhanced compensation of Rs.15,84,550/- (Rs.23,68,750 - Rs.7,84,200). 12. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of the Tribunal's award until the date of payment. - 7 - HC-KAR NC: 2025:KHC:53138-DB MFA No. 6345 of 2022 13. In the result, the appeal is allowed in part on the above terms. No order as to costs. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 13 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA