- 1 - HC-KAR NC: 2025:KHC:36156 MFA No. 4320 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.4320 OF 2024(MV-I) BETWEEN: SANISH MATHEW, S/O. MATHEW JOSEPH, AGED ABOUT 24 YEARS, R/AT NELLUVELIL, CHUNDAKKAUNNU P. O., CHEMPERI, NEDIYANGA, KANNUR DIST, KERALA - 670 632. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE CO. LTD., NO. 28, SOUTHERN PORTION EAST WING, 5TH FLOOR CENTENARY BUILDING, M. G. ROAD, BENGALURU - 01. BY ITS MANAGER. 2. MR. MANJUNATH YALLAPPA TALAWAR, S/O YALLAPPA TALAWAR, MAJOR, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36156 MFA No. 4320 of 2024 R/AT NO. S 6, 10TH CROSS, 7TH MAIN, JAYANAGAR, 3RD PHASE, J P NAGAR, BENGALURU - 560 078. …RESPONDENTS (BY SRI. B. C. SHIVANNE GOWDA, ADVOCATE FOR R1; R2- V/C/O DATED 12.09.2025, NOTICE IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.01.2024 PASSED IN MVC NO.4399/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, MEMBER, BENGALURU, (SCCH-1), 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:36156 MFA No. 4320 of 2024 ORAL JUDGMENT Heard Sri.Shripad V Shastri, who appears through video conference and Sri.B.C.Shivanne Gowda, learned counsel for respondent No.1, who appears physically before this Court. 2. At request of both the learned counsel the matter is taken up for final hearing and disposal. 3. Dissatisfied with the sum that is awarded as compensation by the Principal Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.4399/2020 dated 29.01.2024 the present appeal is filed by the claimant therein. 4. Arguing on merits of the matter Sri.Shripad V. Shastri, learned counsel for the appellant submits that the appellant at the age of 22 years met with a road traffic accident and became permanently and completely disabled. Learned counsel contends that the appellant sustained grievous injuries in a road traffic accident and he was bed ridden for a period of six months. The appellant could not earn anything during the said period. However, the Tribunal did not award any compensation towards loss of earnings during laid up period. Learned counsel further contends that the appellant by - 4 - HC-KAR NC: 2025:KHC:36156 MFA No. 4320 of 2024 producing the evidence of PW2 established in clear terms that he was left with permanent physical disability in respect of right lower limb to an extent of 40% and 20% in respect of whole body. But the Tribunal did not award any compensation towards loss of future earnings. Learned counsel thereby seeks for enhancement in compensation. 5. On the other hand Sri.B.C.Shivanne Gowda, learned counsel for respondent No.1 submits that the income of the appellant increased subsequent to the date of accident and the said fact was clearly brought on record and therefore the Tribunal is right in declining to award any compensation towards loss of future earnings. Learned counsel also contends that the appellant failed to produce any evidence to show that he could not attend his duties for a period of six months. Learned counsel ultimately contends that the compensation that is awarded by the Tribunal is justifiable. 6. By all the evidence produced, the appellant succeeded in establishing that he sustained an abrasion over right side of face, an abrasion over right elbow joint, a lacerated wound over right upper lip subcutaneous tissue deep, - 5 - HC-KAR NC: 2025:KHC:36156 MFA No. 4320 of 2024 fracture of right femur and compound fracture of first right metatarsal bone. The appellant also established that he took treatment as inpatient from 16.08.2020 to 19.08.2020 and during the period of treatment as inpatient he underwent a surgery also. The appellant, also succeeded in establishing that for the treatment he spent a sum of Rs.1,60,000/-. Sufficient material is on record to show that the appellant was earning a sum of Rs.14,637/- per month and he was also getting allowances. The appellant, as per the material brought on record received salary for a period of 15 days, during which period he could not attend his duties. The appellant as per the evidence produced was working as Trainee Service Engineer at Silver Track Pvt. Ltd. Having considered the nature of injuries sustained and the surgery conducted, this Court is of the view that the appellant would not have attended his normal pursuits atleast for a period of four months. The Tribunal did not award any compensation towards loss of income during such laid up period except for a period of 15 days. 7. As rightly contended by learned counsel for respondent No.1, so far as future earnings are concerned, the appellant who examined himself as PW1 in the cross - 6 - HC-KAR NC: 2025:KHC:36156 MFA No. 4320 of 2024 examination stated that he is still continuing to work in Silver Track Pvt. Ltd., Bengaluru and that he is drawing salary of Rs.30,000/- per month. Therefore, the Tribunal is justified in not awarding any compensation towards loss of future earnings. However, the fact remains is that the appellant continues his job with disability of 20% in respect of whole body. Therefore, the probability of extending desired services at his work place will be diminished to certain extent and such deficiency will effect his future prospects in getting promoted to higher cadre. Therefore, the appellant is certainly entitled to some compensation towards loss of future prospects in extending services at his work place. The accident occurred in the year 2020. The Tribunal awarded a sum of Rs.1,90,000/- in total under the head medical expenses, conveyance, nourishment and attendant charges. The medical expenses to the extent proved by the appellant itself is Rs.1,60,000/-. Therefore, the sum awarded towards conveyance, nourishment and attendant charges i.e. Rs.30,000/- requires marginal enhancement. Having considered all these aspects, this Court is of the view that a sum of Rs.1,75,000/- is required to be awarded in addition to the sum that is awarded by the Tribunal, - 7 - HC-KAR NC: 2025:KHC:36156 MFA No. 4320 of 2024 so that the compensation which the appellant would receive would be 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 Principal Motor Accident Claims Tribunal, Bengaluru, through orders in MVC No.4399/2020 dated 29.01.2024 is enhanced by Rs.1,75,000/-. 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 AP CT:TSM List No.: 1 Sl No.: 8