- 1 - HC-KAR NC: 2025:KHC:33713 MFA No. 7629 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 7629 OF 2024 (MV-I) BETWEEN: MR. SATHISH K P., S/O. KUMARAN K.P., AGED ABOUT 47 YEARS, R/AT NO.962, 5TH MAIN, 17TH CROSS, 'D' GROUP LAYOUT, ANNAPOORNESHWARINAGAR, NAGARBHAVI 2ND STAGE, VISHWANEEDAM, BENGALURU - 560 091. …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: 1. MR. SURESH KUMAR JAIN S/O. MAHAVEERCHAND JAIN, MAJOR IN AGE, R/AT NO.10, 2ND MAIN, RAMACHANDRA PURAM, BENGALURU - 560 021. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33713 MFA No. 7629 of 2024 2. THE MANAGER, THE HDFC ERGO GENERAL INSURANCE CO. LTD., 25/1, 2ND FLOOR, SHANKARANARAYANA BUILDING NO.2, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. ASHOKA H, ADVOCATE FOR SRI. PRADEEP B, ADVOCATE FOR R2; VIDE ORDER DATED 29.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.06.2024 PASSED IN MVC NO.5439/2022 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-24), 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:33713 MFA No. 7629 of 2024 ORAL JUDGMENT At request of both the learned counsel the matter is taken up for final hearing and disposal. 2. Heard Sri. Vijay kumar.T learned counsel for the appellant as well as Sri. Ashoka.H who represents Sri. Pradeep .B learned counsel on record for respondent No. 2. 3. Dissatisfied with the sum that is awarded as compensation by the tribunal, the appellant is before this Court seeking enhancement in compensation. The appellant challenges the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in M.V.C. No.5439/2022 dated 07.06.2024. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained 3 grievous injuries in a road traffic accident. He took treatment as in patient and he also underwent a surgery. PW-3 who examined the appellant assessed the disability in respect - 4 - HC-KAR NC: 2025:KHC:33713 MFA No. 7629 of 2024 of left lower limb as 28% and in respect of upper limb as 29%. However, the tribunal did not award any sum as compensation under the head loss of future earnings. Learned counsel submits that the appellant became permanently and completely disabled and therefore he is entitled to compensation under the head loss of future earnings. 5. On the other hand, learned counsel who represents respondent No.2 contends that the appellant is continuing his own business and therefore there is no loss of earnings as such and hence the order of the tribunal is valid on all counts. 6. The version of the appellant is that by running a shop under the name and style "Sanidhya Glass Works" he was earning ₹80,000/- per month by the date of accident. The appellant produced Ex.P-16 Income Tax returns to substantiate his version. Having considered the said - 5 - HC-KAR NC: 2025:KHC:33713 MFA No. 7629 of 2024 document the tribunal held that the average monthly income of appellant can be taken as ₹35,000/- per month. 7. The tribunal failed to award any sum as compensation towards loss of future earnings on the ground that the appellant did not produce any proof to show that he closed his business and suffered financial loss. The tribunal also failed to consider the evidence of PW-3 as PW-3 is not the Doctor who treated the appellant. However, the tribunal held that the disability in respect of whole body can be taken as 10%. The assessment of disability in respect of whole body by the tribunal is on proper lines. 8. A person who suffers with permanent disability cannot exhibit same skills in doing work and earn same amount as he was earning with all ability. Therefore this Court is of the view that the appellant is entitled to compensation towards loss of future earnings to the extent he sustained loss due to disability. Thus, taking the - 6 - HC-KAR NC: 2025:KHC:33713 MFA No. 7629 of 2024 disability in respect of whole body as 10%, the monthly earnings as ₹35,000/-, applying the appropriate multiplayer '13', the appellant being aged around 46 years by the date of accident, the compensation which he is entitled under the head loss of future earnings is as under:- Heads Amount in Rs. Monthly income 35,000.00 Annual income 4,20,000.00 On applying appropriate multiplier '13' 54,60,000.00 Loss of future earnings, the permanent physical disability in respect of whole body being 10% 5,46,000.00 9. Thus, the appellant is entitled to a sum of ₹5,46,000/- towards loss of future earnings. Therefore, the appeal is disposed of with the following:- ORDER i. The appeal is allowed in part - 7 - HC-KAR NC: 2025:KHC:33713 MFA No. 7629 of 2024 ii. The compensation granted by the Motor Accident Claims Tribunal, Bengaluru through orders in M.V.C No. 5439/2022 dated 07.06.2024 is enhanced by ₹5,46,000/- 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. 2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this order. v. On such deposit the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 18 CT: BHK