- 1 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6937 OF 2024 (MV-I) BETWEEN: K B GIRISH S/O K BASAVARAJAPPA AGED ABOUT 31 YEARS OCC: ELECTRICIAN MECHANIC AND AGRI AND NIL R/O ECHAGATTA VILLAGE DAVANGERER TQ DIST-577 001. …APPELLANT (BY SMT. SARITHA KULKARNI., ADVOCATE) AND: 1. RAVI NAIK @ RAVI H S/O HANUMANTHA NAIK AGED ABOUT 38 YEARS R/O NO.123 CHATTOBANAHALLI VILLAGE DAVANGERE-577 001. 2. M/S SREE STONE CRUSHER R/O NO.52 MAIN KARILAKKENAHALLI DAVANGERE TQ AND DIST, REPRESENTED BY SHIVAKUMAR S/O DORESWAMY AGED ABOUT 50 YEARS R/O CHATTABONAHALLI VILLAGE DAVANAGERE-577 001. 3. THE MANAGER NATIONAL INSURANCE CO. LTD., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 MELAGIRI PLAZA, MCC B BLOCK DENTAL COLLEGE ROAD, DAVANAGERE-577 002. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R3, V/O DATED 06.08.2025, NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.04.2024 PASSED IN MVC NO.113/2023 ON THE FILE O THE PRL. SENIOR CIVIL JUDGE AND CJM, DAVANAGERE, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 19.04.2024 passed by the Principal Senior Civil Judge and CJM, Davanagere, in MVC No.113 of 2023. 2. The injured claimant, aged 30 years, met with an accident on 07.07.2022, and filed a claim application claiming compensation of Rs.36,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.14,09,380/- with interest at the rate of 6% per annum from the date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that he was an electrician mechanic and doing agricultural work and earning Rs.20,000/- per month and he sustained 58% disability, but the Tribunal erred in taking the disability as 25% and the income as Rs.15,000/- per month. He spent huge amount towards medical expenses, but the Tribunal granted meagre amount towards medical expenses and also under the other heads. Interest is to be granted at the rate of 18% per annum instead of 6%, and thus, requested for enhancement of the compensation. 4. Learned counsel for respondent insurance company has stated that as per the medical evidence, petitioner sustained 58% disability to the left upper limb and one third of the same, comes to 19%. However, the Tribunal has already considered disability as 25%, which is an excessive but they have not preferred any appeal. 5. Heard the arguments of learned counsel for both sides. - 4 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 6. Though the injured claimant stated that he was earning Rs.20,000/- per month, he has not filed any income proof. As he met with accident in the year 2022, this Court finds it reasonable to take the notional income as Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 30 years at the time of accident and the relevant multiplier is 17. Exhibit P6 is the wound certificate and discharge summaries are filed under Exhibits P11 to P17. Petitioner examined doctor as PW2 and he issued disability certificate under Exhibit P10. PW2, in his evidence, has stated that petitioner sustained following injuries: 1. Crush injury of left proximal forearm over an area of 25 x 15cm 2. 3 x 2cm and 4 x 3cm abrasion right foot. 3. Type 3C distal humerus fracture. It is further stated that the following treatment was given to the petitioner : 1. Debridement was done on 23.08.2022. 2. SSG was done on 27.08.2022. 3. External fixator was removed on 26.09.2022 and hand therapy started and discharged on 30.09.2022. - 5 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 4. Left distal humerus plating and FDP placation was done on 05.01.2023. 5. Hand therapy was started. 6. Tumbuckle splint was given, and Head therapy was continued. The doctor found that The radiograph showed union of humerus fracture with implant insitu (6 point), there is 100% loss of grip and pinch strength in the left upper limb (30 points), there is 100% loss of movement at left elbow (20 points), there is partial loss of sensation in left hand (6 points), and there is unsightly scar in the right elbow. The doctor further stated that the petitioner has significant difficulty in doing the activity of daily living using the left upper limb and assessed the permanent physical impairment of 58% for his left upper limb. Learned counsel for the respondent stated that the doctor, in the cross-examination, has admitted that fracture was reunited. As the Tribunal has already taken the disability as 25%, which is just and reasonable, this Court finds no reason to interfere with the said disability. 7. Petitioner is further entitled for future prospects as per the judgment in the case of New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar - 6 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022), as the disability is more than 20%. Petitioner was aged 30 years and therefore, he is entitled for 40% towards future prospects and the relevant multiplier is 17. Thus, the loss of future earning capacity comes to Rs.11,06,700/- (15,500 + 40% x 12 x 17 x 25%). The Tribunal granted Rs.5,37,579 towards medical expenses and the said amount is confirmed. 8. The petitioner was hospitalized for a period of 53 days. Considering the nature of injuries, the period of hospitalisation, his occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities and Rs.60,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have done any other work at least for a period of 4 months. Therefore, Rs.62,000/- (15,500x4) under the head loss of income during the laid up period. Thus, in all, the claimant is entitled for the compensation of Rs.19,16,279/- with interest at 6% per annum as against Rs.14,09,380/- awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 11,06,700/- 2. Medical expenses 5,37,579 /- 3. Pain and Suffering 1,00,000/- 4. Loss of amenities 50,000/- 5. Transportation, extra nourishment and attendant charges 60,000/- 6. Loss of earning during the laid up period 62,000/- Total 19,16,279/- 10. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.19,16,279/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, - 8 - HC-KAR NC: 2026:KHC:18657 MFA No. 6937 of 2024 they are directed to deposit the enhanced amount of Rs.5,06,899/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 81