- 1 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6911/2016 (MV-I) BETWEEN: MR KHASIM @ KHASIM SAB S/O IMRAN SAB AGE: 50 YEARS, OCC: DRIVER R/AT MASKI VILALGE, LINGASUGUR TALUK RAICHUR DISTRICT – 584 124. …APPELLANT (BY SRI. SURESH M LATUR., ADVOCATE(VC)) AND: 1. SRI CHANDRA SHEKAR Y S NO 25, HEGGANA HALLI, VESHWANEEDAM POST, BENGALURU – 560 091. 2. CHANDRAPPA S/O NARAYANAPPA BANNAHALLY KAIWARA POST, CHINTAMANI DISTRICT CHIKKABALLAPURA DIST – 562 101. 3. THE REGIONAL MANAGER, UNITED INDIA INS. CO. LTD., REGIONAL OFFICE, 5TH & 6TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE, BENGALURU – 02 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 4. SRI MURUGESH S/O GANESH R/O NO 394/4, 6TH CROSS, NEAR ANJANEYA ENTERPRISES PEENYA 2ND STAGE, PEENYA SMALL INDUSTRIAL AREA BENGALURU – 560 098. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R3, R2-CHANDRAPPA-SERVED, R4-MURUGESH-SERVED, V/O DTD:19.08.2021, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.7.2016 PASSED IN MVC NO.946/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR 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 26.07.2016 passed by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru, in MVC No.946/2014. 2. The injured claimant met with an accident on 19.01.2014 and filed claim petition claiming compensation of Rs.15,00,000/- with interest. The Tribunal considering the - 3 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 entire evidence on record granted an amount of Rs.10,31,000/- with interest at the rate of 9% per annum from date of pitch and till date of deposit. 3. Aggrieved by the said award, the petitioner-claimant has preferred this appeal and mainly contented that it is a case of amputation of right leg below knee. The petitioner is suffering from permanent physical disability of 80% to the right leg and 35% to the whole body, but the Tribunal granted meagre amounts under the other heads. It is further stated that petitioner was earning Rs.15,000/- per month as he is working as a driver in Vydehi Institute of Dental Sciences and Research Centre, but the Tribunal considered his income as Rs.11,000/- per month. Thus, requested for enhancement of compensation. 4. Heard the arguments of learned counsel for both sides. 5. Learned counsel for respondent has stated that even as per the permanent partial disability mentioned in Schedule II of Employees' Compensation Act, the amputation below knee - 4 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 with stump exceeding 50%, but not more than that. Learned counsel for the appellant argued that the petitioner was working as a driver, and after the amputation, he could not discharge his duties as a driver. Therefore, his functional disability is to be taken as 100% instead of 35% taken by the Tribunal, whereas the learned counsel for respondent also stated that even as per Schedule I of EC Act, it was only 50%. PW3 doctor assessed the disability as 80%. It is stated by PW3 that the petitioner suffered 80% to the right leg and 16% to the left leg. 6. Petitioner sustained the following injuries: Type III compound communited fracture of right leg and he has sustained compound fracture of mallelous let leg and type II acromia deprivation o left leg, and his right leg below knee was amputated. 7. The doctor assessed the disability as 35% to the whole body. The Tribunal also considered the same. No doubt, petitioner cannot discharge his duties as a driver due to the injuries sustained in the accident, but, it cannot be said that he cannot do any other work. Therefore, considering the amputation of the right leg below knee and the medical - 5 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 evidence and other relevant factors, this Court finds it reasonable to take the disability as 50% instead of 35%. The petitioner filed pay slips to show that his salary was Rs.11,031/- per month, and he was aged 48 years as his date of birth is shown as 01.06.1966 and the multiplier is 13. The petitioner is also entitled for future prospects of 25%. Thus, the loss of future earning capacity comes to Rs.10,75,523/- (11,031+ 25% x 12 x 13 x 50%). 8. Petitioner was inpatient for 15 days and he spent Rs.1,51,639/- towards medical expenses as per Exhibit P19. The Tribunal granted Rs.1,52,000/- under the medical expenses and it is confirmed. So, considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.60,000/- for loss of amenities and Rs.60,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 6 months. Therefore, Rs.66,186/- (11,031 x6) is granted towards loss of income during laid-up period. The Tribunal granted Rs.75,000/- towards artificial limb, but this Court finds it reasonable to - 6 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 grant an amount of Rs.1,00,000/- for artificial limb as it is to be changed periodically. Thus, in all, the claimant is entitled for the compensation of Rs.16,13,709/- with interest at 6% per annum as against Rs.10,31,000/- awarded by the Tribunal. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 10,75,523/- 2. Medical expenses 1,52,000/- 3. Pain and Suffering 1,00,000/- 4. Loss of amenities 60,000/- 5. Transportation, extra nourishment and attendant charges 60,000/- 6. Loss of earning during the laid up period 66,186/- 7. Artificial Limb 1,00,000/- Total 16,13,709/- 10. In the result, the following order is passed: (i) Appeal is allowed in part. - 7 - HC-KAR NC: 2026:KHC:6408 MFA No. 6911 of 2016 (ii) The Claimant is entitled for the total compensation of Rs.16,13,709/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent No.3-insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.5,82,709/- 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.: 82