JUDGMENT : (C.M. POONACHA, J.) The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1980 , [Hereinafter referred to as ‘Act, 1980’] calling in question the judgment and award dated 10.04.2018 passed in MVC No.541/2017 by the Principal Senior Civil Judge and MACT-IV at Davanagere , [Hereinafter referred to as ‘Tribunal’] 2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal. 3. The Tribunal vide its judgment and award dated 10.04.2018 has partly allowed the claim petition and has awarded a total compensation of Rs.11,11,885/- together with interest at 8% per annum and directed respondent No.3 - insurer to pay the compensation awarded. Being aggrieved, the present appeal is filed by the claimant seeking enhancement of quantum of compensation. 4. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect that is required to be considered in the present appeal is with regard to adequacy of the quantum of compensation awarded. 5. Heard submissions of learned counsel Sri Sree Harsha AK appearing for the appellant – claimant and learned counsel Sri HS Lingaraj appearing for respondent No.1 – insurer. 6. The claimant is aged 48 years as on the date of the accident i.e., 24.02.2017. The Tribunal has applied the appropriate multiplier of ‘13’, which is just and proper. 7. The claimant was stated to be agriculturist and also doing contract work and earning Rs.25,000/- per month. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the income of the claimant as Rs.8,000/- per month. However, having regard to the date of accident, it is just and proper that the notional income of the claimant be re-assessed as Rs.11,000/- per month. 8. It is forthcoming from the wound certificate (Ex.P6), discharge summary (Ex.P8), the disability certificate (Ex.P12) as also the testimony of the Doctor (PW2) that the claimant has sustained injuries on his right hand and the right hand of the claimant above the elbow has been amputated. The claimant was treated as an impatient from 24.02.2017 to 15.03.2017 i.e., for a period of 20 days. The Doctor has assessed the disability of the claimant at 84%. The Tribunal has re-assessed the disability at 30%. 9. The claimant was treated as an impatient from 24.02.2017 to 15.03.2017 i.e., for a period of 20 days. The Doctor has assessed the disability of the claimant at 84%. The Tribunal has re-assessed the disability at 30%. 9. It is vehement contention of the learned counsel for the claimant that the disability ought to be assessed at a higher percentage. It is pertinent to note that for amputation of right arm below the shoulder in the Employees Compensation Act, 1923 , [Hereinafter referred to as “Act, 1923”] as per serial No.2 in part.2 of schedule 1, the percentage of loss of earning capacity is stated as 80%. The Hon’ble Supreme Court in the case of JITENDRA V/S SADIYA AND OTHERS , [“2025 SCC Online SC 261”] , considering the case of the amputation of right hand of a labourer has assessed the functional disability as 80%. In view of the same, the functional disability of the claimant is re-assessed as 80%. 10. Learned counsel for the appellant – claimant placing reliance on the judgment of the Division Bench of this Court in the case of PAVAN V/S VIJAYKUMAR AND ANOTHER , [“MFA No.201413/2022 dated 08.04.2024”] has contended that the compensation towards pain and suffering and loss of amenities requires to be enhanced. 11. It is also relevant to note that having regard to the judgment of the Hon’ble Supreme Court in the case of SIDRAM V/S UNITED INDIA INSURANCE CO LTD , [“ (2023)3 SCC 439 ”] , future prospects is required to be applied while calculating the loss of disability. 12. In view of the aforementioned, the compensation is reassessed as follows: i. Having regard to the nature of injuries sustained and in view of the judgment of the Division Bench of this Court in the case of PAVAN 5 the compensation towards pain and suffering is re-assessed as Rs.1,00,000/- as against Rs.50,000/- awarded by the Tribunal. ii. Having regard to the nature of injuries sustained and the resultant disability as well as having regard to the judgment of the Division Bench of this Court in the case of PAVAN 5 , compensation towards loss of amenities is re-assessed as Rs.75,000/- as against Rs.10,000/- awarded by the Tribunal. iii. The Tribunal has assessed the loss of income for three months. Having regard to the nature of injuries sustained and the period of treatment is re-assessed as four months. iii. The Tribunal has assessed the loss of income for three months. Having regard to the nature of injuries sustained and the period of treatment is re-assessed as four months. Hence, the compensation towards loss of income during laid up period is assessed as (Rs.11000 X 4)= Rs.44,000/- as against Rs.24,000/- awarded by the Tribunal . iv. The Tribunal has awarded medical expenses of Rs.1,39,285/- which is as per actual medical bills, which is just and proper and the same is rounded of to Rs.1,40,000/-. v. Having regard to the nature of injuries sustained and the period of treatment, the compensation towards food, nutrition and attendant charges is re-assessed as Rs.25,000/- as against Rs.15,000/- awarded by the Tribunal. vi. The compensation towards disability and loss of future earning capacity is re-assessed as (11000 + 25% X 12 X 13 X 80%)= Rs.17,16,000/- as against Rs.8,73,600/- awarded by the Tribunal. 13. Taking judicial notice of the rate of interest awarded towards fixed deposits, interest on the enhanced compensation is awarded as 7% pa. 14. In view of the aforementioned, the compensation re-assessed is as follows: Sl.No Compensation Head Amount Awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) 1 Pain and suffering 50000.00 100000.00 2 Food, nourishment and attendant charges 15000.00 25000.00 3 Loss of income during laid up period 24000.00 44000.00 4 Medical expenses 139285.00 140000.00 5 Loss of amenities 10000.00 75000.00 6 Loss of income due to disability and future earning capacity 873600.00 1716000.00 Total 1111885.00 2100000.00 15. Accordingly, the Claimant is entitled to a enhanced compensation of (Rs.21,00,000/- - Rs.11,11,885/-)= Rs.9,88,115/-. 16. Having regard to the order dated 06.07.2023 passed by this Court in the present appeal, the claimant shall not be entitled for interest for the delayed period of 149 days. 17. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 10.04.2018 passed in MVC No.541/2017 by the Principal Senior Civil Judge and MACT-IV at Davanagere, is hereby modified to the extent stated herein. 17. In view of the aforementioned, the following: ORDER i) The appeal is allowed in part; ii) The judgment and award dated 10.04.2018 passed in MVC No.541/2017 by the Principal Senior Civil Judge and MACT-IV at Davanagere, is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered; iii) The appellant/claimant is entitled to an enhanced compensation of Rs.9,88,115/- together with interest at 7% per annum from the date of petition till its realization except for the delayed period of 149 days in addition to the compensation awarded by the Tribunal; iv) Respondent No.1 – insurer shall deposit the said compensation together with accrued interest within a period of six weeks; v) Upon such deposit, the entire enhanced compensation together with interest accrued thereupon be disbursed to the claimant; vi) The Registry to draw the modified award accordingly; vii) Records be transmitted to the Tribunal forthwith. No costs.