- 1 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2812 OF 2025 (MV-I) BETWEEN: MAHALINGANAIK, S/O LATE HEMALANAIKA, NOW AGED ABOUT 53 YEARS, R/A THIMMALAPURA THANDYA, HANDANAKERE HOBLI, C.N. HALLI TALUK, TUMAKUR DISTRICT …APPELLANT (BY SRI. RAGHU R., DVOCATE) AND: 1. THE MANAGER, UNITED INDIA INS. CO. LTD., BRANCH OFFICE AT RAGHAVENDRA COLONY, B.N. ROAD, TIPTUR- 572201 TUMKUR DISTRICT. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 2. KUMARSWAMY. R., MAJOR, S/O RAMACHARAPPA, R/A YEGCHIHALLI, HULIYAR HOBLI, C.N. HALLI TALUK-572214 TUMKUR DISTRICT …RESPONDENTS (BY SRI. JANARDHANA REDDY., ADVOCATE FOR R1, V/O DTD. 04.03.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.01.2025 PASSED IN MVC NO.1581/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION, AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the sides. 2. This appeal is filed against the judgment and award passed in M.V.C.No.1581/2023 dated 25.01.2025 by the Court of Senior Civil Judge and JMFC, at Chikkanayakanahalli. 3. Injured claimant, who is aged 51 years has met with an accident on 25.09.2023 and filed a claim petition claiming compensation of 20,00,000/-. The Tribunal after considering the facts and circumstance and evidence on record, has awarded the compensation of Rs.2,15,000/- along with interest at the rate of 7% p.a., from the date of the petition till realization. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the he is working as an agricultural laborer and earning Rs.25,000/- per month, - 4 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 and he examined the doctor as PW2 and assessed the disability as 32% to the right upper limb and 10.66% to the whole body, but it was not considered by the Tribunal, and no amount was granted under the head ‘loss of income during laid-up period.' The amounts granted under the other heads are meager, and thus, prays for enhancement of the compensation. 5. In the present case, it is stated that the claimant was doing agricultural work and was earning an amount of Rs.25,000/- per month. But he has not filed any income proof. As the accident was occurred on 25.09.2023, his notional income is to be taken as Rs.16,000/- per month. He was aged 51 years as per Ex.P6-wound certificate and the multiplier is taken as '11'. 6. The appellant/claimant has examined the doctor as PW.2. PW.2 has stated as follows: - 5 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 1. I have examined Mr.Mahalinga Naika, aged about 53 years, he was admitted in our hospital on 25.09.2023 with history of RTA he had sustained: a) Fracture neck of (R) humerus, b) He was treated with ORIF with plate and screws, c) He was discharged on 01.10.2023 with advice to review in the OPD, d) Recently I have examined him on 15.11.2024, 2. He was complaint of difficulty in doing heavy work and skilled work using right upper limb. 3. On examination he has right shoulder flexion- extension arc 80 internal rotation-external rotation arc-50 Abduction adduction arc-120 Shoulder muscle power 4/5 X-ray of right humerus take on 15.11.2024 shows united fracture with implant insitu. 4. On evaluation as per Government of India guidelines from the department of Health and Family Welfare he has partial permanent disability of 32% Right upper limb which amounts to 10.66 if whole body. 5. Further he requires implant removal the approximate expenditure of which is about Rs.40,000/-. 6. I am here with submitting - 6 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 1) one case sheet 1, 2) X-rays old 3, New 1 3) Recent examination report with disability assessment sheet. 7. The doctor has assessed the partial permanent disability of 32% to the right upper limb and 10.66% to the whole body. He further stated that he requires another surgery for removal of the implants and approximate cost of the surgery is Rs.40,000/-. The Tribunal has not considered the disability on the ground that it is only one injury to the shoulder. Admittedly, the petitioner is an agricultural labourer and the injury to the shoulder will have an impact on his work. This Court finds it reasonable to take the disability as 1/3rd of 32% i.e., 11%. Hence, the 'loss of future earning capacity comes to Rs.2,32,320/- Rs.16,000 x 12 x 11 x 11%). 8. The Tribunal has granted Rs.65,000/- towards 'medical expenses' as per the medical bills produced and the same is confirmed. - 7 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 9. The claimant was in the hospital for a period of 7 days. Considering the nature of injuries sustained, period of hospitalisation, his age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- under the head of ‘pain and suffering’ and Rs.30,000/- under the head of 'loss of amenities'. 10. This Court is granting an amount of Rs.30,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of 3 months. Therefore, Rs.48,000/- is awarded under the head of 'loss of income during laid up period' for a period of three months. 11. The Tribunal has granted Rs.30,000/- towards 'future medical expenses' and the same is confirmed. - 8 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 12. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 60,000.00 2. Medical Expenses 65,000.00 3. Loss of income during laid up period 48,000.00 4. Loss of future income 2,32,320.00 5. Loss of amenities 30,000.00 6. Attendant, conveyance, food and nourishment charges 30,000.00 7. Future Medical Expenses 30,000.00 Total 4,95,320.00 13. The Tribunal has awarded the compensation of Rs.2,15,000/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,80,320/- (Rs.4,95,320/- – Rs.2,15,000/-). 14. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.1581/2023 dated - 9 - HC-KAR NC: 2026:KHC:13378 MFA No. 2812 of 2025 25.01.2025 by the Court of Senior Civil Judge and JMFC, at Chikkanayakanahalli, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.2,80,320/- along with interest @ 6% p.a. iii. Respondent No.1 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE SSB