- 1 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2721 OF 2021 (MV-I) BETWEEN: SRI. ESHWARAPPA, S/O LATE CHINNAPPA, AGED ABOUT 61 YEARS, R/AT NO.96, 3RD CROSS, VENUGOPALNAGAR, BENGALURU-560 073. ALSO AT MADALU, ARASIKERE TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. VASANTHAPPA, ADVOCATE) AND: 1. T.R. RAVINDRA, S/O RAMAIAH, NO.1578, IST CROSS, IST MAIN, VINAYAKANAGAR, NEAR TGMC BUNK, TUMKUR-572 101. 2. M/S UNITED INDIA INSURANCE CO.LTD, 5TH FLOOR, KRUSHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 027. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, VIDE ORDER DATED 29.05.2023, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.02.2021 PASSED IN MVC NO.4434/2012 ON THE FILE OF THE XXI ACMM AND XXIII ASCJ, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by the judgment and award dated 25.02.2021 passed by the XXI A.C.M.M. & XXIII Additional Small Causes Judge, Bengaluru(for short `Tribunal'), in MVC No.4434/2012 seeking enhancement of compensation. 2. Though this appeal is slated for admission, with consent of learned advocates appearing for both the sides, the matter is taken up for final disposal. 3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal. - 3 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 4. The brief facts of the case are that, on 02.03.2012 at about 6.15 a.m., the claimant met with an accident on National Highway, near Madihalli village due to rash and negligent driving of the bus bearing registration No.KA-06-B-7369. Due to the impact, he sustained grievous injuries to the right hand and while undergoing treatment his right hand above the elbow joint was amputated. 5. It is further case of the claimant that the claimant was aged about 68 years and he was earning Rs.6,000/- per month. Due to the injuries sustained in the accident, he has suffered from permanent disability and lost his earning capacity. With these reasons, the claimant has prayed for awarding of compensation. 6. The respondent No.1 was the owner and respondent No.2 was the insurer of the offending motorcycle. Respondent No.1 remained ex parte before the Tribunal. Respondent No.2 filed its written statement - 4 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 denying the averments of the claim petition and also denied its liability to pay the compensation, due to breach of terms and conditions of the policy of insurance. With these reasons, it prayed to dismiss the claim petition. 7. From the rival contentions of the parties, the Tribunal framed necessary issues. 8. The claimant to prove his case, examined two witnesses as PW-1 and PW-2 and marked 14 documents, as per Exs.P-1 to P-14. Respondent No.2 has not lead any oral evidence. The respondent-Insurance Company has marked one document as Exs.R-1. 9. The Tribunal after hearing both parties and appreciating the evidence on record, by the impugned judgment, awarded the following amount of compensation: Particulars Amount in Rs. Pain and suffering 80,000 Medical expenses 12,121 Loss of income during laid up period 36,000 Loss of future income 1,44,000 - 5 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 Loss of future amenities and happiness 20,000 Attendant, conveyance, food and nourishment charges. 20,000 Total 3,12,121 Being aggrieved by the said award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement of compensation. 10. Heard the arguments of the learned counsel appearing for the claimant as well as the insurer. 11. The fact of the accident and amputation of right hand above the elbow joint is not in dispute. 12. Learned counsel for the appellant/claimant contended that the compensation awarded by the Tribunal is inadequate; The Tribunal has not considered the income of the claimant properly and the disability assessed is also on the lower side; The compensation awarded under other heads are also on the lower side. Hence, prayed for enhancement of the compensation. - 6 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 13. Learned counsel for respondent No.1-insurer submitted that the Tribunal has properly considered the case of the claimant and has awarded a just and reasonable compensation, which does not call for any interference by this Court and prayed for dismissal of the appeal. 14. On re-appreciation of the materials available on record, the amount of compensation awarded under some of the heads are inadequate. 15. The claimant sustained an injury to the right elbow joint, resulting in the amputation of his right arm above the elbow. He was admitted as an in-patient from 02.02.2012 to 25.03.2012. PW-2 stated that the claimant suffered a permanent disability of 90% to the right upper limb, which amounts to 40% disability to the whole body. The claimant was aged about 68 years, and at this advanced stage of life, the loss of such an important limb must have caused significant loss of amenities and - 7 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 comforts. He also underwent treatment in a Government Hospital. Considering these facts, the compensation awarded is on the lower side. 16. According to the case of the claimant, he was earning Rs.6,000/- per month. Therefore, the contention of the appellant that notional income of Rs.7,000/- may be applied to the facts of the case cannot be considered. The multiplier applied by the Tribunal is correct. 17. According to PW-2, the claimant suffered a permanent disability of 90% to the right upper limb, and his right hand above the elbow joint was amputated. Considering his age and the nature of his work, the disability assessed by the Tribunal is on the lower side. The disability stated by PW-2 pertains to physical disability, but the Tribunal treated it as functional disability. Therefore, it has taken the whole-body disability at 50%, and on that basis, the compensation under the - 8 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 head of loss of future earning capacity due to permanent disability has to be recalculated. 18. For the aforesaid discussions, the claimant is entitled to following amount of compensation : Particulars Amount in Rs. Pain and suffering 1,25,000 Medical expenses 12,121 Attendant expenses, special diet and conveyance charges 50,000 Loss of income during laid up period (Rs.6,000x12) 72,000 Loss of income due to permanent disability (Rs.6,000x12x5x50%) 1,80,000/- Loss of amenities 1,00,000 Total 5,39,121 Amount awarded by the Tribunal Enhancement- 3,12,121 2,27,000 19. The claimant is also entitled to interest at the rate of 6% p.a. from the date of petition till the date of realisation. 20. Respondents are jointly and severally liable to pay the said amount of compensation. 21. In the result, I proceed to pass the following: - 9 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 25.02.2021, passed by the XXI A.C.M.M. & XXIII Additional Small Causes Judge, Bengaluru in MVC No.4434/2012 stands modified. iii) The claimant is entitled to enhanced compensation of Rs.2,27,000/-, with interest at the rate of 6% p.a., from the date of petition till its realization. iv) The respondent- Insurance Company shall deposit the amount within a period of six weeks from the date of award. v) The remaining portion of the award of the Tribunal shall remain unaltered. vi) Claimant was aged above 68 years at the time of the accident, if any part of the amount is ordered to be deposited, then he may not enjoy the fruits of the award. Therefore, entire enhanced amount is - 10 - HC-KAR NC: 2025:KHC:46616 MFA No. 2721 of 2021 ordered to be released in favour of the claimant on due identification. vi) Draw award accordingly. Registry is directed to send a copy of this judgment to the concerned Tribunal. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 19