- 1 - HC-KAR NC: 2025:KHC:36133 MFA No. 4650 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4650/2016 (WC) BETWEEN: SRI. K SHANKAR, S/O LATE KARIGUNDAIAH, AGE: 37 YEARS, OCC: DRIVER OF BOLERO MAHINDRA, R/O NO.40, 6TH MAIN, 6TH BLOCK, B S K 3RD STAGE, BENGALURU-560 085. …APPELLANT (BY SRI. SURESH M LATUR., ADVOCATE) AND: 1. THE JOINT DIRECTOR (LEPROSY) DRIECTORATE OF HEALTH & FAMILY WELFARE SERVICES, ANANDA RAO CIRCLE, BENGALURU-560 009. 2. THE MANAGING DIRECTOR, INSURANCE DEPT, GOVERNMENT OF KARNATAKA, MOTOR BRANCH, VISWESHWARIAH TOWER, BENGALURU-560 001. …RESPONDENTS (BY SRI. R. A. MACHAKANUR, AGA FOR R1 AND R2) THIS MFA IS FILED U/S 30(1)(A) OF W.C. ACT AGAINST THE JUDGMENT AND AWARD DATED:17.2.2016 PASSED IN ECA.NO.306/2014 ON THE FILE OF THE 21ST ADDITIONAL SMALL CAUSES JUDGE, 19TH ACMM, MEMBER, MACT, BENGALURU, ALLOWING THE CLAIM PETITION FOR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:36133 MFA No. 4650 of 2016 COMPENSATION AND FURTHER SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.2.2016 passed in ECA.NO.306/2014 on the file of the XXI Additional Small Causes Judge, XIX ACMM, Member, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent Nos.2 and 3. The ranks of the parties are retained as per tribunal for the sake of convenience.2. 3. Injured Workman filed claim application before Workmen’s compensation and claimed Rs.6,00,000/-, but the tribunal considering the entire evidence on record - 3 - HC-KAR NC: 2025:KHC:36133 MFA No. 4650 of 2016 granted Rs.2,06,070/- with interest at the rate of 12% p.a., from the date of incident till the realization. 4. Aggrieved by the same, this appeal is preferred by the claimant for enhancement and mainly contended that he worked under respondent No.1 as a driver. On 15.10.2002, at 6.00 p.m., when he was driving the vehicle on NH-48, at that time, right wheel of the vehicle got punctured resulting which the petitioner lost control over the vehicle and the vehicle turtled at the spot. As a result of the accident, he sustained grievous injuries and was admitted in the hospital as inpatient from 16.10.2002 to 25.12.2002. He spent Rs.20,000/- for medicines, conveyance, nourishment and other expenses. He was aged 35 years working as a driver earning Rs.3,500/- per month and Rs.50/- per day as bata. Therefore, requested for enhancement of compensation with interest at the rate of 12% p.a. 5. Learned counsel for the appellant submits that the petitioner sustained the following injuries i.e., crush - 4 - HC-KAR NC: 2025:KHC:36133 MFA No. 4650 of 2016 injury on right hand with traumatic amputation of little finger at MCP joint and ring finger at proxima I.P., joint, lacerated wound 15X10 cms. Over anteromedial aspect of right forearm, fracture of all five metacarpal bones, abrasions over right arm debridement was done on 16.10.2022 and skin grafting and flap coverage was done on 14.12.2002. PW2 further stated that he sustained permanent disability of 76% to the right hand and 33% disability to the whole body. 6. Considering the evidence, tribunal has taken the whole body disability as 33% and as he was aged 35 years his income was taken as Rs.4,000/- per month. As he sustained permanent disability 60% of the income was taken as Rs.2400/- and it is multiplied with the schedule IV factor 197.06 and 33% (2400 X 197.06 X 33%) and arrived to Rs.1,56,070/-. Apart from that Rs.50,000/- was granted towards medical expenses and the total compensation was granted. - 5 - HC-KAR NC: 2025:KHC:36133 MFA No. 4650 of 2016 7. Learned counsel further contented that there is amputation of right little finger at MCP joint and amputation of right ring finger at PIP joint. As he was a driver, he cannot do driving and his functional disability is to be taken as 100% instead of 33%. But he has not raised the said ground in his appeal and now came up with this argument for the first time before this court. 8. Learned counsel for respondent contended that disability was assessed based on the evidence of PW2 and it needs no interference. 9. The tribunal has rightly taken the disability as 33% to whole body and it needs no interference. Further, there is no dispute regarding income taken at the rate of Rs.4,000/- per month. Therefore, this court finds no reason to interfere with the order of the tribunal. 10. The tribunal considering all the aspects rightly granted Rs.2,06,070/- with interest at the rate of 12% p.a. Therefore, the appeal deserves to be rejected. - 6 - HC-KAR NC: 2025:KHC:36133 MFA No. 4650 of 2016 Accordingly, this appeal is hereby dismissed and the order of the tribunal is confirmed. Respondent No.2 are directed to deposit the said amount along with the interest, within one month from the date of this order. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 37