- 1 - HC-KAR NC: 2025:KHC:20477 MFA No. 3629 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.3629 OF 2021(MV-I) BETWEEN: SRI. R SRIDHARAN AGE ABOUT 49 YEARS S/O LATE KOCHI KRISHNAN R/AT NO.B/2, 119 ANAPRIYA APARTMENT PIPE LINE ROAD, KEREGUDDADAHALLI SOMASHETTY HALLI, CHIKKABANAVARA BENGALURU - 560 090 …APPELLANT (BY SRI JAYALAKSHMAMMA K B, ADVOCATE) AND: 1. HDFC ERGO GENERAL INSURANCE COM. LTD. HAVING ITS OFFICE AT NO.25/1, 2ND FLOOR, BUILDING NO.2, SHANKARANARAYANA BUILDING M.G.ROAD, BENGALURU - 560 001 2. H R DINESH S/O RAMEGOWDA AGE ABOUT 30 YEARS R/AT NO.28, HANUMANTHAPURA HASSAN - 573116 …RESPONDENTS (BY SRI D.VIJAYA KUMAR, ADVOCATE FOR R1; V/O DTD 26.06.2023 NOTICE TO R2 IS DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20477 MFA No. 3629 of 2021 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2019 PASSED IN MVC NO.6557/2018 ON THE FILE OF THE MEMBER, MACT, C/C XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Smt.Jayalakshmamma.K.B, learned counsel for the appellant who appears physically before this Court. Also heard Sri.D.Vijaya Kumar, learned counsel for respondent No.1 who appears through video conference. 2. Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in MVC No.6557/2018 dated 11.11.2019. This is a claimant's appeal. 3. The case of the appellant as borne by record is that, on 18.02.2018 while he was proceeding on a Honda Active vehicle towards Kereguddadahalli, a Ford Ikon car bearing registration No.KA-13-MC-5000 which was driven - 3 - HC-KAR NC: 2025:KHC:20477 MFA No. 3629 of 2021 by its driver in a rash and negligent manner dashed against his vehicle due to which he fell down and sustained grievous injuries. 4. The Tribunal through the impugned award granted a sum of Rs.1,49,000/- as compensation. 5. Smt.Jayalakshmamma.K.B, learned counsel for the appellant submits that the appellant sustained fracture of right femur which is grievous in nature. Pw.2 who examined the appellant assessed the disability as 18% in respect of whole body. But the Tribunal did not award any compensation under the head loss of future earnings. Learned counsel also states that the appellant was working as Garment Process Executive at Jeans Knit Pvt. Ltd., Bengaluru and was earning Rs.25,000/- p.m. Learned counsel thereby seeks to enhance the compensation and grant the amount which the appellant claimed. 6. Learned counsel for respondent No.1 Sri.D.Vijaya Kumar on the other hand contends that the - 4 - HC-KAR NC: 2025:KHC:20477 MFA No. 3629 of 2021 appellant continued to work with the same organization and thus there is no loss of future earnings. Learned counsel also states that the evidence of Pw.2 is not worthy and truthful. Learned counsel further submits that as there is no loss of earnings, the question of awarding compensation under the head loss of future earnings does not arise. 7. It is not in dispute that the appellant continued working in the same organization in the same position even after the accident. However, having considered the nature of injury sustained and the disability with which the appellant is left with, this Court is of the view that the future endeavors of the appellant in respect of his occupation and earnings would have been diminished on account of disability. Therefore, this Court is of the view that the appellant is entitled to a justifiable sum as compensation under the head loss of future earnings. Insofar as contributory negligence on the part of the appellant is concerned, learned counsel for the appellant - 5 - HC-KAR NC: 2025:KHC:20477 MFA No. 3629 of 2021 failed to satisfy this Court that the Tribunal went wrong in attributing contributory negligence on the part of the appellant. 8. Having considered the nature of injury sustained, the disability with which the appellant is left with, this Court is of the view that globally, the appellant is entitled to an additional sum of Rs.1,00,000/- from respondent No.1. The amount which the appellant will get i.e., Rs.1,00,000/- which is being awarded in addition to the sum that is awarded by the Tribunal will make the sum justifiable. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.6557/2018 dated 11.11.2019 is enhanced by - 6 - HC-KAR NC: 2025:KHC:20477 MFA No. 3629 of 2021 Rs.1,00,000/- and the same shall be paid by respondent No.1. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order. (vi) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VR List No.: 1 Sl No.: 26