Sri Mallaiah B E vs Sri Suhas K S & Anr.

This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 27.11.2025 passed in MVC No. 514/2023 by the Principal Senior Civil Judge and MACT, Chikkamagaluru.

Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing for the appellant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal.

Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 09.01.2023 due to the rash and negligent driving by the driver of car bearing registration No. KA-02-P-2749. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under:

The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

Head learned counsel for appellant and learned counsel for respondent No. 2 – Insurer.

Learned counsel for appellant would contend that claimant is an agriculturist and he had sustained CLW on the lower part of right leg 9 X 3 X 4 cm with swelling with deformity and type I open fracture of distal 1/3 shaft of right tibia and fibula. P.W.2 – Doctor has assessed the disability at 28% to the right lower limb and the Tribunal has erred in taking the disability at 8%. P.W.2 – Doctor has also stated that there is mal union of the fractures. Claimant was admitted in the hospital for 8 days. Considering the same compensation awarded for `pain and suffering’ and `loss of amenities’ are on lower side. P.W.2 – Doctor has stated that the claimant has to undergo surgery for removal of implant but, the Tribunal has not awarded anything towards `future medical expenses’. With this he prayed to allow the appeal.

Learned counsel for respondent No.2 – Insurer would contend that compensation awarded under all heads is just and proper and there are no grounds for enhancement of the compensation.

Having heard learned counsel for the parties, this Court has perused the judgment and award.

P.W.2 – Doctor has assessed the disability and stated that the claimant has sustained 28% disability to the right lower limb. The Tribunal has taken the disability at 8%. As the disability is stated to lower limb, 1/3^rd of the same is to be taken to the whole body. Therefore, disability is to be taken at 10% as against 8% taken by the Tribunal. The Tribunal has rightly applied the multiplier of 9 as the injured was aged 58 years. in view of the above, loss of future income is calculated as under:

16000 X 12 X 9 X 10% = Rs.1,72,800/-

Considering the injuries sustained by the claimant as noted supra compensation awarded for `pain and suffering' in a sum of Rs.30,000/- requires to be enhanced to Rs.60,000/- and `loss of amenities’ in a sum of Rs.25,000/- requires to be enhanced to Rs.40,000/-. Compensation awarded by the Tribunal towards `loss of income during laid up period’, `attendant charges, extra diet and conveyance’ is just and proper.

P.W.2 – Doctor has stated that claimant has to undergo operation for removal of implant. The Tribunal has not awarded anything towards `future medical expenses’. Considering the evidence of P.W.2 – Doctor claimant is entitled to Rs.30,000/- towards `future medical expenses’.

Considering the above aspects, claimant is entitled to compensation under different heads as under:

In view of the above, claimant is entitled to total compensation of Rs.4,38,800/- as against Rs.3,29,240/- awarded by the Tribunal with interest. Consequently claimant is entitled to enhanced compensation of Rs.1,09,560/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No.2 – Insurer is liable to pay the enhanced compensation.

In view of the above, the following;