- 1 - HC-KAR NC: 2026:KHC:34220 MFA No. 6295 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 6295 OF 2021 (ECA) BETWEEN: SRI. H.N RAJANNA AGED 27 YEARS S/O NARAYANASHETTY R/AT HAMPAPURA VILLAGE HOSA AGRAHARA HOBLI K.R. NAGAR TALUK MYSURU DISTRICT …APPELLANT (BY SRI. RAJARAMA S, ADVOCATE) AND: 1. SRI CHANDREGOWDA AGED 61 YEARS S/O GOWDEGOWDA R/AT #18/1, ALENAHALLI VILLAGE & POST, AKKI HEBBALU HOBLI K.R. PET TALUK, MANDYA DISTRICT (OWNER OF LORRY BEARING REG.NO.KA-09-A-2532) 2. REGIONAL MANGER SRIRAMA GENERAL INSURANCE COMPANY LTD, E8, EPEP SEETHAPURA INDUSTRIAL AREA JAIPURA, RAJASTAN STATE REPTD BY BRANCH MANGER SRIRAMA TRANSPORT FINANCE CO LTD., SRIRAMA GENERAL INSURANCE CO LTD., OPP KSRTC BUS STAND NEAR KARNATAKA BANK B.M ROAD, CHANNARAYAPATTNA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34220 MFA No. 6295 of 2021 (POLICY NO.10003/31/14/663846 FROM 11.02.2014 TO 10.02.2015) …RESPONDENTS (BY SMT. SHARADAMBA A.R, ADVOCATE FOR R1, SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 09.04.2021 PASSED IN E.C.A NO. 5/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., KRISHNARAJANAGAR, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant is in appeal, challenging the judgment and award dated 09.04.2021 passed in ECA.No.5/2015 by the Court of Senior Civil Judge and JMFC at Krishnarajapuram (for short 'the Trial Court'), seeking enhancement of compensation awarded by the Trial Court in a sum of Rs.5,47,479/- along with interest at the rate of 12% per annum from the date of occurrence of the alleged accident till deposit. 2. It is not in dispute that the accident had occurred during the course of employment and due to the same, the - 3 - HC-KAR NC: 2026:KHC:34220 MFA No. 6295 of 2021 claimant sustained grievous injuries. The coverage of policy is also not in dispute. 3. The contention of the claimant is that the Trial Court has passed the award without proper appreciation of materials on record and also erred in assessing the loss of earning capacity of the claimant. As such, the award of compensation requires interference at the hands of this Court. Accordingly, he prays to allow the appeal 4. Per contra, learned counsel for the insurer as well as learned counsel for respondent No.1 contended that the Trial Court has rightly awarded the compensation, which does not require any interference at the hands of this Court. Accordingly, they pray for dismissal of the appeal. 5. I have given my anxious consideration to the submission made by the learned counsel for the parties and perused the impugned judgment and other documents placed before this Court. 6. As could be seen from records, PW.2-Doctor has assessed the disability of the claimant for both lower limbs at 47%. Accordingly, the Trial Court, in view of the medical - 4 - HC-KAR NC: 2026:KHC:34220 MFA No. 6295 of 2021 records such as case sheets and physical disability certificate has rightly assessed the disability at 47% to the right lower limb of the claimant. 7. Further, as regards the notional income of the claimant, since the claimant has failed to produced any cogent document to substantiate that he was earning Rs.10,000/- per month and batta of Rs.200/- per day, the Trial Court as per the minimum wages of the year 2014, since the accident had taken place in the year 2014, has rightly assessed the monthly wages of the claimant at Rs.8,000/-. Taking into consideration the age of the claimant as 21 years at the time of accident, the Tribunal has rightly applied the relevant factor. 8. Accordingly, the Trial Court has rightly awarded the compensation of Rs.5,47,479/- along with interest at the rate of 12% p.a. from the date of occurrence of the alleged accident till deposit, which does not call for any interference at the hands of this Court. Accordingly, the appeal is dismissed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 46