K PAVAN vs CHANDRAHASA K L
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2746 OF 2020 (ECA)
BETWEEN:
1. K. PAVAN,
S/O KUMAR,
AGED ABOUT 31 YEARS,
R/O ANKAPURA VILLAGE,
KATTAYA HOBLI,
HASSAN TALUK,
HASSAN DISTRICT – 573 201.
…APPELLANT
(BY SRI. CHETHAN B., ADVOCATE)
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka
AND:
1. CHANDRAHASA K. L,
S/O LAKSHMANNA,
AGED ABOUT 47 YEARS,
R/O 787, A BLOCK,
TH TH
14 MAIN, 4 MAIN ROAD,
NEAR GANESH TEMPLE,
SAHAKARA NAGAR,
BANGALORE – 560 092.
2. THE MANAGER,
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
UNITED INDIA INSURANCE CO. LTD.,
BANGALORE BAN CAYSHIRANCE
ABA I F C I, BAVAN NO.2,
KABBAN PETTE MAIN ROAD,
BANGALORE – 560 002.
REPRESENTED BY BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
VENKATESHWARA BUILDING, B. M. ROAD,
HASSAN – 573 201.
…RESPONDENTS
(BY SMT. HARINI SHIVANAND., ADVOCATE FOR R2;
R1 IS D/W, V/O DATED 20.10.2022)
----
THIS MFA IS FILED U/S 30(1) OF EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 19.03.2019, PASSED IN ECA.NO.6/2018, ON THE FILE
OF THE II ADDITIONAL SENIOR CIVIL JUDGE, COMMISSIONER
OF EMPLOYEES COMPENSATION, HASSAN, 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 MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
ORAL JUDGMENT
1. This appeal has been filed by the appellant-
claimant being aggrieved by the order dated 19.03.2019
passed in E.C.A.No.6/2018, seeking enhancement of
compensation on the ground that the Tribunal did not
consider the monthly wages of the appellant properly.
Factual matrix of the case:
2. The case of the appellant-claimant is that the
appellant was working as a driver in Tempo Travel vehicle
bearing registration No.KA-02-AF-5354 for the past one
year and he was drawing a salary of Rs.25,000/- per
month along with Rs.200/- bata per day. On 05.05.2017
at about 2:00 a.m., the appellant’s vehicle was booked by
the Intime take office Company office workers on rent to
travel from Bangalore to Belgaum. The appellant
proceeded from Bangalore to Belgaum through Tumkur.
When the appellant reached near Kalambella Toll, while a
lorry bearing registration No.TN-28-H-0840 had stopped to
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
pay the toll fee in the counter, the appellant’s tempo travel
vehicle dashed the lorry from the back side due to which
he sustained grievous injuries. Consequently, the inmates
of the tempo travel were shifted to hospital for treatment.
According to him he has spent almost Rs.2,50,000/- for
his medical expenses etc. The Trial Court while considering
the loss of earning capacity has opined that the claimant
was earning Rs.9,000/- as a notional income and applied
the factor as per the age of the injured and arrived at a
conclusion that the claimant was entitled for a sum of
Rs.5,56,338/-.
3. However, learned counsel for the appellant
further submitted that the Tribunal has awarded
compensation under various heads and not in consonance
with the evidence on record. Therefore, the functional
disability has to be enhanced from 25% to 40%.
Per Contra
4. , learned counsel representing the
respondent No.2 – Insurance Company vehemently
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
justified the judgment and award passed by the Tribunal
and prays to reject the appeal.
5. Having heard the rival submissions made by the
learned counsel for the respective parties and on going
through the findings and medical records available on
record, it is relevant to take 40% of disability instead of
25%. Therefore, under the head of loss of earning capacity
it has to be re-calculated as follows:
9,000 x 60% = 5,400 x 40% x 209.92 = 4,53,427/-
6. The future medical expenses awarded by the
Tribunal is Rs.35,000/-. On considering the enhancement
of disability, it is appropriate to equate the medical
expenses, hence, it has to be enhanced from Rs.35,000/-
to Rs.60,000/-.
7. Accordingly, it is appropriate to reproduce the
same in the table given below:
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
This
Sl.No. Heads Tribunal
Court
01. Loss of earning
capacity
(9,000 x 60%
= 5,400 x 40%
x 209.92)
2,83,392 4,53,427
02. Reimbursement
of medical
expenses
2,37,946 2,37,946
03. Future medical
expenses
35,000 60,000
Total 5,56,338 7,51,373
8. In the light of the observations made above, I
proceed to pass the following:
ORDER
i. This Miscellaneous First Appeal is
allowed-in-part .
ii. The judgment and award dated
19.03.2019 passed in
E.C.A.No.06/2018 on the file of II
Additional Senior Civil Judge and
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
Commissioner for Employee’s
Compensation, Hassan, is hereby
modified, granting compensation of
Rs.7,51,373/- (Rupees Seven Lakhs
Fifty One Thousand Three Hundred
and Seventy Three only) as against
Rs.5,56,338/- awarded by the
Tribunal.
iii. The claimant is entitled for entire
enhanced compensation of
Rs.7,51,373/- with interest at the
rate of 6% per annum from the date
of petition till its realization.
iv. The entire enhanced compensation
amount shall be deposited by the
Insurance Company within a period
of six weeks from date of receipt of
the certified copy of this judgment.
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HC-KAR
NC: 2026:KHC:48904
MFA No. 2746 of 2020
CNR: KAHC010106262020
v. The appellant is not entitled for the
interest for the delayed period of
281 days.
vi. The Tribunal is directed to release
the entire amount in favor of the
appellant-claimant, on proper
identification.
vii. The Registry is directed to
communicate the order to the
Tribunal and send the records to the
Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NM/-
List No.: 1 Sl No.: 36