- 1 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6380 OF 2023 (MV-I) BETWEEN: 1. MR. JERALD MONIS S/O. BAJEL MONIS AGED ABOUT 57 YEARS RESIDING AT D. No.298 BANGATTA HOUSE GARDADI POST AND VILLAGE BELTHANGADY TALUK D.K. DISTRICT-575 212. …APPELLANT (BY SRI RAVISHANKAR SHASTRY G, ADVOCATE) AND: 1. MR. STANLY PRAKASH SALDANHA S/O. WILLIAM SALDANHA ADULT R/AT D. No. 2-34 AGRAR HOUSE, AGRAR POST B. KASABA, BANTWAL TALUK D.K. DISTRICT-574 219. 2. MR. JAI KUMAR S/O. JAYANANDA ADULT R/AT H. No. 1143/2 11TH CROSS, GANDHI NAGAR MYSORE, PIN-570 001. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 3. RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE AT: MAXIMUS COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD OPP: KMC COLLEGE, MANGALURU REPRESENTED BY ITS BRANCH MANAGER PIN-575 001. …RESPONDENTS (BY SRI RAVISHANKAR SHASTRY G, ADVOCATE SRI B PRADEEP, ADVOCATE FOR R3 V/O DTD. 25.9.2023, NOTICE TO R1 & R3 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.06.2023 PASSED IN MVC No.1787/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 03.06.2023 passed in MVC No.1787/2019 by the II Addl.Senior Civil Judge and Member, MACT, Mangaluru, D.K. - 3 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 2. The appellant/claimant made a claim petition seeking award of compensation for the injuries sustained by him in a road traffic accident which took place on 05.06.2019 contending that the accident occurred due to rash and negligent driving of driver of mini bus bearing Regn.No.KA-02-C-8627. The Tribunal recorded the evidence and appreciating the evidence assessed the compensation under different heads as under: Sl. No. Heads Amount 1. Loss of earning capacity 2,21,760.00 2. Pain and suffering 1,00,000.00 3. Medical expenses 1,75,690.00 4. Future medical expenses 30,000.00 5. Food, attendant and conveyance charges 8,000.00 6. Loss of income during treatment 28,000.00 7. Loss of amenities of life 15,000.00 Total 5,78,450.00 3. The Tribunal has also awarded interest @ 6% p.a. from the date of petition till realization. The claimant has - 4 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 filed the present appeal seeking enhancement of compensation. 4. Heard learned counsel for the appellant and learned counsel for respondent No.3. 5. Learned counsel for the appellant would contend that occupation of the appellant/claimant is well digging work and he is aged 53 years. The appellant has sustained amputation of his left thumb, metacarpal-carpal dislocation with fracture of trapezium of the left hand, fracture distal end of left radius, fracture for shaft of base of 1st metacarpal bone of the left hand. Considering the said aspect as per the Employees Compensation Act, 1923, the loss of earning capacity is 40% if there is loss of thumb and its metacarpal bone. The photos – Ex.P13 indicate the injury sustained by the claimant. Considering the functional disability of the claimant, he is entitled for future prospects at 10%. The compensation awarded by the Tribunal towards pain and suffering, loss of amenities, loss of income during laid up period, attendant and - 5 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 conveyance charges are on lower side. With this, she prayed for enhancement of compensation. 6. Learned counsel for respondent No.3 – insurer would contend that the disability taken by the Tribunal at 12% is proper since, it has taken 1/3rd of the disability per limb at 36%. The compensation awarded by the Tribunal under other heads is just and proper and there are no grounds for enhancement. 7. Having heard the learned counsel, the Court has perused the judgment and award and trial Court records. 8. Appellant/claimant is doing well digging work and he is aged about 53 years. Ex.P7, wound certificate indicate that the claimant has sustained amputation of left thumb and fracture of shaft of base of 1st metacarpal bone of the left hand. As per the schedule of the Employees Compensation Act, for the said injury, loss of earning capacity is 40%. Since the claimant’s occupation is well digging, the functional disability is to be taken at 40%. - 6 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 The Tribunal has erred in taking 1/3rd of 36% disability of left hand based on the evidence of PW.2 – Doctor. Considering the fact that the claimant is doing well digging work, his functional disability is taken at 40%. 9. The claimant is aged 53 years and considering his age and as the percentage of functional disability is taken at 40%, he is entitled to 10% future prospects as per the decision of Hon’ble Apex Court in National Insurance Co. vs. Pranay Sethi and others (AIR 2017 SC 5157). The Tribunal has rightly applied the multiplier. Considering the said aspect, the appellant is entitled to loss of earning capacity as under: Rs.14,000+10% (1400) = 15,400x12x11x40%=Rs.8,13,120/- 10. The claimant has sustained the following injuries as per Ex.P7 – wound certificate: • Crushed injury of the left hand with near total amputation of the left thumb. • Metacarpal-carpal dislocation with fracture of trapezium of the left hand. - 7 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 • Fracture distal end of left radius. • Fracture for shaft of base of 1st metacarpal bone of the left hand 11. All the injuries are opined to be grievous in nature. Considering the said aspect, the compensation awarded for pain and suffering requires to be enhanced to Rs.1,25,000/- as against Rs.1,00,000 awarded by the Tribunal. Considering the injuries, the claimant is entitled to loss of amenities in a sum of Rs.75,000/- as against Rs.15,000/- awarded by the Tribunal. The claimant has been admitted in the hospital for a period of 11 days. Therefore, he is entitled to attendant and conveyance charges in a sum of Rs.11,000/- (Rs.1000 x 11) as against Rs.8,000/- awarded by the Tribunal. Considering the injuries noted supra, the claimant has taken rest for three months and therefore, he is entitled to loss of income during laid up period for three months in a sum of Rs.42,000/- (Rs.14,000x3) as against Rs.28,000/- awarded by the Tribunal. - 8 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 12. The compensation awarded under other heads is just and proper. Considering the above aspects, the claimant is entitled to compensation under different heads as under: Sl. No. Heads Amount 1. Loss of future income 8,13,120.00 2. Pain and suffering 1,25,000.00 3. Medical expenses 1,75,690.00 4. Future medical expenses 30,000.00 5. Food, attendant and conveyance charges 11,000.00 6. Loss of income during laid up period 42,000.00 7. Loss of amenities of life 75,000.00 Total 12,71,810.00 13. Considering the above aspect, the claimant is entitled for enhanced compensation of Rs.6,93,360/- (Rs.12,71,810 – Rs.5,78,450) with interest @ 6% p.a. from the date of petition till realization. Respondent No.3 – insurer is liable to pay the said enhancement compensation with interest. In view of the above, the following: - 9 - HC-KAR NC: 2026:KHC:31007 MFA No. 6380 of 2023 ORDER i) The appeal is allowed in part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.6,93,360/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.3/insurer shall deposit the said enhanced amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment of enhanced compensation amount. iv) The claimant is entitled to release of entire compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 54