- 1 - MFA No.81 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.81/2024(MV-D) BETWEEN: UNITED INDIA INSURANCE CO., LTD., BRANCH OFFICE, CRESCENT COURT,K.M. ROAD, CHIKKAMAGALURU CITY. …APPELLANT (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) AND: 1. SRI. LOKESH, AGED ABOUT 29 YEARS, S/O LATE RAJU, RESIDENT OF NEAR: AUTO STAND, DANTHARAMAKKI, JYOTHINAGARA POST, CHIKKMAGALURU-577 101. 2. SRI B. NAVEEN KUMAR, AGED ABOUT 48 YEARS, S/O BASAVANNA A.D., RESIDING AT NO.14, MIG-2ND CROSS, HOUSING BOARD, CHIKKMAGALURU-577 102. (RIDER & OWNER OF BIKE NO.KA-18/EA-8137) …RESPONDENTS (BY SRI. ABHIRAJ .B. CHENGTI, ADVOCATE FOR R1, R2-SERVED) - 2 - MFA No.81 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.09.2023 PASSED IN MVC NO.318/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JDUGE AND MACT, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.14,32,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 20.01.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV JUDGMENT This appeal is filed against the judgment and award dated 29.09.2023 passed by the II Additional Senior Civil Judge and MACT, Chikkamagaluru, in MVC No.318 of 2018. 2. The injured claimant, aged 23 years, doing concrete work, met with an accident on 18.12.2017, and filed a claim petition claiming compensation of Rs.10,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.14,32,500/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said award, Insurance Company has preferred this appeal and mainly contented that doctor-P.W.2 - 3 - MFA No.81 of 2024 assessed disability of the limb as 37.57% as the fractures are related to left ankle and to that of the whole body as 12.50%. But the Tribunal has taken the same as 50% and it is to be reduced. Though the petitioner met with an accident in the year 2017, Tribunal, instead of taking the monthly income of the petitioner at Rs.11,000/-, has taken Rs.12,500/- without any basis. The compensation granted under the other heads is excessive and thus, requested for reduction of the compensation. 4. Learned counsel for petitioner-claimant stated that petitioner was doing concrete work and was a skilled worker, earning Rs.15,000/- per month. Considering the nature of work, the doctor assessed the disability as 50%. The Tribunal assessed the disability as 50% by considering all the factors and therefore, it needs no interference. The Tribunal has rightly granted compensation and it need not be reduced. 5. Heard the arguments of learned counsel for both sides. 6. Though petitioner has stated that he was earning Rs.15,000/- per month, he has not filed any proof of income. - 4 - MFA No.81 of 2024 He met with an accident in the year 2017. Therefore, as per the chart prepared by Karnataka State Legal Services Authority, his notional income is to be taken as Rs.11,000/- per month. He was aged 23 years and the multiplier is 18. As per the wound certificate-Ex.P.4, petitioner has sustained right tibia shaft fracture and medial mellaneous fracture and both are grievous in nature. The petitioner also examined the doctor as PW2 and he assessed the disability as 37.57% for permanent physical impairment to the whole body. He further stated that there is reduction in movement of right knee, right ankle and also loss of muscle strength of right knee. Further, it is mentioned that the petitioner is unable to sit cross leg and squat, petitioner has lost some movement in his right ankle, muscle strength of right ankle and he is unable to stand for long time. 7. Learned counsel for petitioner-claimant has stated that the petitioner was a concrete worker and skilled in the said work. Therefore, the Tribunal has considered that he requires good physical strength otherwise he cannot stand for long time and cannot work effectively and accordingly considered disability as 50%. The learned counsel relied upon the judgment of the Hon'ble Supreme Court in the case of Raj - 5 - MFA No.81 of 2024 Kumar Vs. Ajay Kumar & Anr. decided in Civil Appeal No.8981 of 2010 dated 18.10.2010, wherein the Hon'ble Supreme Court has held as under: “8. Where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact of such permanent disability n his earning capacity. The Tribunal should not mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. In most of the cases, the percentage of economic loss, that is, percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability.” 8. In the present case, the doctor assessed the disability as 37.57%. Therefore, this Court takes the same as 38% instead of 37.57%. Thus, the loss of future earning capacity comes to Rs.9,02,880/- (11,000 x 12 x 18 x 38%). The petitioner was hospitalized from 18.12.2017 to 02.01.2018, i.e. for a period of 15 days. Considering the nature of injuries, period of hospitalization and his occupation, the Tribunal granted Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities and it is confirmed. He is entitled for Rs.33,000/- - 6 - MFA No.81 of 2024 (11,000 x 3) towards loss of income during the laid up period as against Rs.37,500/- granted by the Tribunal. He is also entitled for Rs.30,000/- for transportation and nourishment and attendant charges. The Tribunal has not granted compensation for medical expenses. Considering the nature of injuries, this Court grants Rs.10,000/- towards medical expenses. 9. Thus, in all, the claimant is entitled for the compensation of Rs.10,50,880/- with interest at 6% per annum as against Rs.14,32,500/- awarded by the Tribunal. 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 8,52,720/- 2. Medical expenses 10,000/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 33,000/- Total 10,50,880/- - 7 - MFA No.81 of 2024 11. 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.10,50,880/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The appellant insurance company is directed to deposit the amount of Rs.10,50,880/- 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. (v) It is submitted that the appellant insurance company has already deposited the awarded amount before the Tribunal. Therefore, excess amount, if any deposited, shall be refunded to the appellant-insurance company. Sd/- (P SREE SUDHA) JUDGE CS CT:NR