The appeal is filed by the appellant/claimant

challenging

the

judgment

and

award

dated

27.03.2018 passed in MVC.No.6837/2016 on the file

of the MACT & XV Addl. Judge, Mayo Hall Unit,

Bengaluru (SCCH-19), for seeking enhancement of

compensation.

2.

Brief facts of the case are as under:

On 20.02.2016 at about 11.45 a.m., when the

claimant was proceeding in the Eicher Canter bearing

Reg.No.KA-07/A-3742 along with the loaded chickens

the driver of said Eicher Canter drove the same in a

rash and negligent manner at high speed on NH-7

road, when they reached near Jayanthi-grama, at that

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time the driver of said Eicher Canter went and dashed

against the lorry bearing reg.No.KA-40/B-2277 from

behind. Due to which both vehicles got damaged and

the claimant sustained grievous injuries.

3.

The claimant filed a claim petition under

Section 166 of M.V.Act., claiming compensation before

the Tribunal. The Tribunal has partly allowed the claim

petition and awarded compensation of Rs.14,74,000/-

with interest at 9% p.a., from the date of petition till

its realization. Being aggrieved by the same, the

present appeal is filed before this Court.

4.

Learned counsel for the appellant/claimant

submitted that the amount of compensation awarded

by the Tribunal under various heads is on the lesser

side.

Therefore,

prays

for

enhancement

of

compensation.

5.

Learned counsel for the respondent No.2-

Insurance Company submits that the Tribunal has

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awarded just and proper compensation, which needs

no interference. Hence, prays to dismiss the appeal.

6.

The Tribunal has awarded compensation

under various heads as follows:

Pain and sufferings

Rs.1,00,000/-

Medical expenses

Rs.87,827/-

Transportation, nourishment, conveyance

and attendant charges

Rs.5,000/-

Towards loss of future income due to

permanent disability

Rs.6,80,400/-

Towards future medical expenses

Rs.4,00,000/-

Loss of marriage prospectus & loss of

amenities

Rs.2,00,000/-

TOTAL

Rs.14,73,227/-

rounded off to

Rs.14,74,000/-

7.

In the present case, it is stated that the

claimant was working as a Supervisor in Suguna

Poultry Farm and was earning income of Rs.15,000/-

per month. Due to the accidental injuries, resulted

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into amputation of right leg above the knee. This

amputation of right leg above the knee suffered by the

claimant is not a disputed fact. The medical evidence

along with photographs proves the fact that the right

leg of the claimant was amputated above the knee.

The Tribunal has held the disability at 35% to the

whole

body

and

held

the

notional

income

at

Rs.9,000/- per month and accordingly, granted

compensation of Rs.6,80,400/- under the head loss of

future earning capacity due to disability.

8.

Considering the year of accident as 2016,

the notional income ought to be taken at Rs.9,500/-

per month as per the Notional Income Chart as

recognized by the Karnataka State Legal Service

Authority. The claimant has suffered amputation of

right leg above the knee and for considering the

appropriate percentage of disability, we can take the

aid of Schedule I of the Employees Compensation Act,

1923. As per Serial No.18 in Schedule I of the

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Employees Compensation Act, 1923, the percentage

of loss of earning capacity due to disability is to be

considered at 70% when there is amputation below

hip with stump exceeding 12.70 cms in length

measured from tip of great trenchanter but not

beyond middle thigh.

9.

In the present case, on perusal of the

medical records and photographs of the claimant, the

amputation is found to be above the knee and at the

middle of thigh. Therefore, fracture to the middle of

thigh is the factor which has to be considered while

considering the percentage of disability as per

Schedule I of the Employees Compensation Act, 1923.

Accordingly, the percentage of loss of earning capacity

due to disability is to be considered at 70%. In this

regard, the Tribunal has committed error in holding

the percentage of disability at 35%.

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10. The Tribunal has considered the income of

th