- 1 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 4897 OF 2024 (MV-I) BETWEEN: SRI. AMITH KUMAR PANDIT S/O SRI. DASHARATHA PANDITH AGED ABOUT 32 YEARS R/AT BELCON LABIOUR QUARTERS BENGALURU CITY, BENGALURU …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. S V CONCRETE PRODUCTS PVT. LTD., NO. 72 AND 78/1, KOPPA VILALGE HULIMANGALA HOBLI, ANEKAL TALUK BENGALURU - 560 105 (R.C OWNER OF CONCRETE MIXER LORRY BEARING REG. NO. KA-51-D-0369) 2. THE MANAGER, ROYAL SUNDARAM GENERAL Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 INSURANCE CO., LTD., NO. 186/7, GROUND FLOOR RAGHAVENDRA COMPLEX, 1ST CROSS, HOSUR MAIN ROAD WILSON GARDEN, BENGALURU - 560 027. (POLICY NO. V0C0335612000105 VALID FROM 06/01/2021 TO 05/01/2022) …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR SRI. RAVI S. SAMPATHI, ADVOCATE FOR R2; SERVICE OF NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 23.09.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.09.2023 PASSED IN MVC NO.35/2022 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MACT, BENGALURU SCCH-22 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 - 3 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 ORAL JUDGMENT The matter was heard on appellant's side, on 22.09.2025. Heard Sri. C.R.Ravishankar who represents Sri. Ravi S Samprathi learned counsel on record for respondent No.2 on this day. At request of both the learned counsel, the matter was taken up for final hearing and disposal. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.35/2022 dated 21.09.2023. This is a claimant's appeal. 3. The only grounds projected by learned counsel for the appellant during the course of submission are in respect of the income of the appellant that was assessed by the tribunal as on the date of the accident and secondly in respect of non awarding justifiable sum under the heads loss of future earnings and loss of earnings during laid up period. - 4 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 4. The submission that was made by learned counsel for the appellant is that the appellant, by all the evidence produced, established that he was earning Rs.2,43,930/- per annum as on the date of the accident and the tribunal also considered the said version to be genuine but the tribunal deducted the income tax that was paid by the appellant unjustifiably. Learned counsel who represents respondent No.2 seeks the Court to consider the income that was established by the appellant. 5. The tribunal having noticed the fact that the appellant was earning Rs.2,43,930/- per annum as on the date of accident, took the income as Rs.2,36,312/- for the purpose of assessment of compensation on deducting Rs.7,618/- which was the income tax that was paid by the appellant. However as rightly contended by learned counsel for the appellant the income of the appellant is required to be taken as Rs.2,43,930/- for assessment of compensation. Thus, having taken the income of the appellant as Rs.2,43,930/- per annum and without - 5 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 disturbing other parameters that is adding 40% towards future prospects, applying appropriate multiplier '16' and the disability in respect of whole body as 85%, the compensation which the appellant is entitled to under the head 'loss of future earnings' is Rs.46,44,427.2/- rounded to Rs.46,44,427/-. (2,43,930 + 40% x 16 x 85%). The tribunal through the impugned order awarded a sum of Rs.44,99,097/- under the head 'loss of future earnings'. Thus, the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the tribunal under the head 'loss of future earnings' is Rs.1,45,330/- (Rs.46,44,427/- - Rs.44,99,097/-). 6. Coming to the loss of earnings during laid up period, the tribunal awarded a sum of Rs.40,000/- only under the said head. By all the evidence produced the appellant succeeded in establishing that the injury sustained in the accident resulted in amputation of left leg above knee. Having considered the injury sustained and disability and also taking into consideration the fact that - 6 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 loss of future earnings was awarded taking into consideration the disability to an extent of 85%, this Court is of the view that the appellant is entitled to a sum of Rs.1,00,000/- towards loss of income during laid up period. The tribunal awarded a sum of Rs.40,000/- only under the said head. Thus, the sum which the appellant is entitled to receive in addition to the sum that is awarded by the tribunal under the head loss of income during laid up period is Rs.60,000/- (Rs.1,00,000/- - Rs.40,000/-). Thus, the appellant is entitled to a sum of Rs.2,05,330/- (Rs.1,45,330/- + Rs.60,000/-) in addition to the sum that is awarded by the tribunal. 7. Thus, 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 - 7 - HC-KAR NC: 2025:KHC:38328 MFA No. 4897 of 2024 orders in MVC No.35/2022 dated 21.09.2023 is enhanced by Rs.2,05,330/-. 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.2 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.: 70 CT: BHK