- 1 - HC-KAR NC: 2025:KHC:27184 MFA No. 5441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5441 OF 2024(MV-I) BETWEEN: SRI. S. JAYACHANDRA, S/O. S. ESHWARAPPA, NOW AGED ABOUT 28 YEARS, RESIDING AT: 3-267, NALLAGUTTA STREET, KADIRI, ANANTHAPURA, ANDHRA PRADESH. …APPELLANT (BY SMT. SUSHMITHA G., ADVOCATE (VC)) AND: 1. SRI. RAGHUNATHA REDDY D., S/O. RAMALINGA REDDY, MAJOR IN AGE, RESIDING AT NO.8, S.V.G.RESIDENCY, FLAT NO.301, 2ND FLOOR, 5TH CROSS, CHIKKAMARANAHALLI, BEHIND NEW BEL ROAD, BENGALURU-560 054. 2. THE HDFC ERGO GENERAL INSURANCE COMPANY LTD., SHANKARANARAYANA BUILDING, M.G.ROAD, BENGALURU-560 001. REP: BY ITS MANAGER …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; V/O. DATED 19.09.2024, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27184 MFA No. 5441 of 2024 THIS MFA FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2024 PASSED IN MVC NO.5906/2021 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Smt. Sushmitha G, learned counsel for the appeallant, who appears through video conference as well as Sri B.C. Shivannegowda, learned counsel for respondent No.2. 2. Being dissatisfied with the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Bangalore, through orders in MVC No.5906/2021 dated 02.01.2024, the claimant therein is before this Court seeking enhancement of compensation. 3. Learned counsel for the appellant argued at length with regard to the quantum of amount that is awarded as compensation. Learned counsel mainly high lighted with regard to the necessity on the part of the Tribunal to add future - 3 - HC-KAR NC: 2025:KHC:27184 MFA No. 5441 of 2024 prospects as well as to award compensation for loss sustained due to damage to marriage prospects. 4. The submission that is made by learned counsel for respondent No.2 on the other hand, is that the compensation that is granted by the Tribunal is highly justifiable. 5. The appellant by all the evidence produced succeeded in establishing that he is left with permanent physical disability of 29%. However, the appellant did not produce any substantive proof with regard to his actual occupation and the earnings by the date of accident. The Tribunal therefore, is justified in taking the notional income of the appellant as Rs.15,000/- per month. As rightly contended, the tribunal ought to have added future prospects. Therefore, without disturbing the other parameters, on adding future prospects of 40%, as the appellant was aged around 26 years by the date of accident, the compensation which the appellant is entitled to under the head 'loss of future earnings will be Rs.12,42,360/- (Rs.15,000 + 40% x 12 x 17 x 29%). However, the Tribunal awarded a sum of Rs.8,87,400/- only under the head 'loss of future - 4 - HC-KAR NC: 2025:KHC:27184 MFA No. 5441 of 2024 earnings'. Therefore, the appellant is entitled to an additional sum of Rs.3,54,960/- (Rs.12,42,360 - Rs.8,87,400). Though learned counsel for the appellant sought to award some amount under the head 'loss of marriage prospects', having perceived the fact that the Tribunal has already awarded a sum of Rs.1,20,000/- towards 'pain, suffering and loss of amenities', this Court is of the view, that the appellant is not entitled for any separate sum under the head 'loss of marriage prospects'. Therefore, the appeal is disposed of with the following :- ORDER a. The appeal is allowed in part. b. The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.5906/2021 dated 02.01.2024 is enhanced by Rs.3,54,960/-. c. The enhanced amount of Rs.3,54,960/- shall carry interest @ 6% p.a. from the date of petition till the date of deposit. - 5 - HC-KAR NC: 2025:KHC:27184 MFA No. 5441 of 2024 d. 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. e. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NG List No.: 1 Sl No.: 51