- 1 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 1382 OF 2024 (MV-I) BETWEEN: SRI. MANJUNATH S/O MUNI POOJAPPA, AGED ABOUT 42 YEARS, RESIDING AT NO. JAGAJEEVAN RAM COLONY, DINNE ROAD, POOJAMA TEMPLE, GANGAVARA, CHOWDAPPANAHALLI BUDIGERE, DEVANAHALLI, BENGALURU RURAL - 562 129. …APPELLANT (BY SRI. GURUDEVA PRASAD K.T, ADVOCATE) AND: 1. M/S. IFFCO TOKIO GENERAL INSURANCE CO. LTD., BY ITS MANAGER MOTOR CLAIMS HUB NO. 141, 4TH FLOOR, SRI SHANTHI TOWERS, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 OPP. CUPA, 3RD MAIN, EAST OF NGEF LAYOUT, ASTHURINAGAR BENGALURU - 560 043. 2. SRI. SAI BABA TRANSPORT PROP. MANJUNATHA N GROUND FLOOR, NO. 105, NARAYANASWAMY BUILDING, HUSKUR KODI, VIRGO NAGAR POST, BIDARAHALLI HOBLI, HUSKUR BENGALURU - 560 049. …RESPONDENTS (BY SRI. SHANKARA REDDY C, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.08.2023 PASSED IN MVC NO.1879/2022 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, BENGALURU MAYO HALL UNIT SCCH-19 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 ORAL JUDGMENT Heard Sri. Gurudeva Prasad K.T learned counsel for the appellant as well as Sri. Shankar Reddy.C learned counsel for respondent No.1. At request of both the learned counsel, the matter is taken up for final hearing and disposal. 2. The appellant as borne by record, sustained injuries in a road traffic accident that occurred in the year 2022. He filed a petition claiming compensation of Rs.20,00,000/- in total. The Motor Accident Claims Tribunal, Bengaluru which dealt with the case as MVC No.1879/2022 through the impugned award granted a sum of Rs.14,13,500/- as compensation. Projecting that he is entitled to a higher sum the present appeal is filed. 3. Sri. Gurudeva Prasad K.T, arguing the matter, submits that the appellant sustained five grievous injuries during the course of accident, was admitted to hospital on three different occasions and took extensive treatment. - 4 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 However, he is left with disability of 32% in respect of whole body. The appellant by working in Amazon company was earning Rs.20,000/- per month by the date of accident. However, the tribunal took the notional income as Rs.15,000/- per month unjustifiably. Learned counsel states that the accident occurred in the year 2022 and for the relevant period even the Karnataka State Legal Services Authority is taking the notional income as Rs.15,500/- per month for settlement of claims and atleast said figure should have been considered by the tribunal. Learned counsel also contends that the tribunal failed to award any amount under the head loss of income during laid up period. Learned counsel further submits that the amount awarded as compensation towards future medical expenses and loss of amenities in life is also on lower side. Learned counsel ultimately seeks for enhancement in compensation. - 5 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 4. On the other hand Sri. C.Shankara Reddy learned counsel for respondent No.1 submits that the tribunal awarded exorbitant sum as compensation under each head more particularly under the head pain and suffering. Learned counsel submits that without being satisfied with the amount which was awarded by the tribunal, the appellant preferred the present appeal and thus the appeal is not maintainable. 5. By all the evidence produced, the appellant succeeded in establishing that he sustained five grievous injures in the road traffic accident. The evidence of PW-2 is that on examination he found foot drop of the right ankle, dropping of the right shoulder, restricted right shoulder movements with wasting of the right deltoid and biceps muscles. He also deposed that X-ray has shown malunited clavicle fracture with broken implant in situ and X-ray of the right leg revealed united fracture of the tibia with ilizator fixator insitu. The assessment of PW-2 is that - 6 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 the disability in respect of right lower limb is 77% and in respect of whole body is 32%. 6. The tribunal taking into consideration the totality of evidence produced took the disability in respect of whole body as 20%. The said observation of the tribunal is sound and therefore needs no interference. 7. In the light of the fact that the appellant is left with disability of 20% in respect of whole body, this Court is of the view that for assessing the compensation which the appellant is entitled to under the head loss of future earnings, future prospects are required to be added. 8. It is not in dispute that the appellant was aged around 46 years by the date of accident. Therefore as per the decision of the Hon'ble Apex Court in National Insurance Company Limited vs. Pranay Sethi and Others reported in (2017) 16 SCC 680 case, 25% of the earnings are required to be added towards future prospects. Also this Court considers desirable to take the notional income - 7 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 of the appellant at Rs.15,500/- as sought for. Thus on taking the notional income as Rs.15,500/-, on adding 25% towards future prospects, on applying appropriate multiplier '13' and disability in respect of whole body as 20% the compensation which the appellant is entitled to receive towards loss of future earnings is Rs.6,04,500/- (15,500 x 12 + 25% x 13 x 20%). The tribunal through the impugned order awarded a sum of Rs.4,68,000/- only under the head 'loss of future earnings'. Thus, the appellant is entitled to an additional sum of Rs.1,36,500 (Rs.6,04,500/- - Rs.4,68,000/-) towards loss of future earnings. 9. As rightly contended, the tribunal failed to award any compensation towards loss of income during laid up period. Having considered the fact that the appellant sustained five grievous injuries and took treatment at hospital on three different occasions, this Court is of the view that the appellant would not have attended his - 8 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 normal pursuits atleast for a period of eight months. Thus, loss of earning during laid up period comes to Rs.1,24,000/- (15,500 x 8) The compensation that is granted by the tribunal under all other heads is justifiable and therefore needs no interference. Thus, the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the tribunal is Rs.2,60,500/- (1,36,500 + 1,24,000). 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.1879/2022 dated 09.08.2023 is enhanced by Rs.2,60,500/-. - 9 - HC-KAR NC: 2025:KHC:38382 MFA No. 1382 of 2024 iii. The enhanced sum shall carry interest at the rate of 6% per annum 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 eight weeks from the date of receipt of certified copy of this judgment. v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 1 CT: BHK