- 1 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 4389 OF 2025 (MV-I) C/W MISCELLANEOUS FIRST APPEAL No. 3372 OF 2025 (MV-I) MISCELLANEOUS FIRST APPEAL No. 4980 OF 2025 (MV-I) IN MFA No. 4389/2025 BETWEEN: 1. VINCIRAJ N.C., S/O CHELLAM N. A., AGED ABOUT 34 YEARS, R/AT No.311, FERN SAROJ APARTMENT, 7TH CROSS, LB SHASHTHRI NAGARA, VIMANAPURA, BANGALORE 560017. …APPELLANT (BY SRI ANANTHARAMA C., ADVOCATE) AND: 1. MAGMA HDI GENERAL INSURANCE COMPANY LIMITED, No.36, 2ND FLOOR, MINERVA CIRCLE, J.C.ROAD, BANGALORE-560027. 2. SINIVAS H., (SINCE IS DIED REPRESENT BY HIS LRS) SRI HANUMANTHAPPA, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 R/AT HOUSE No.3, 4TH CROSS, PARVATHI NAGAR, LAGGERE, BANGALORE 560058. 3. SMT. GOWRAMMA, W/O HANUMANTHAPPA, R/AT HOUSE No.3, 4TH CROSS, PARVATHI NAGAR, LAGGERE, BANGALORE 560058. …RESPONDENTS (BY SRI S. KRISHNA KISHORE, ADVOCATE FOR R1; SRI A.R. SRINIVAS, ADVOCATE FOR R2 & R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 16.01.2025 PASSED IN MVC No.2749/2019 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 3372/2025 BETWEEN: 1. MAGMA HDI GENERAL INSURANCE COMPANY LIMITED No.36, 2ND FLOOR, MINERVA CIRCLE, J. C. ROAD, BANGALORE - 560027. REP. BY ITS MANAGER, NOW REP. BY MAGMA GENERAL INS. LTD. No.36, 2ND FLOOR, MINERVA CIRCULE, J.C.ROAD, BENGALURU-560027. REP. BY ITS ASST. MANAGER. ...APPELLANT (BY SRI KRISHNA KISHORE S., ADVOCATE ) AND: 1. MR VINCIRAJ N. C., S/O CHELLAM N. A., AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 R/AT No.311, FERN SAROJ APARTMENT, 7TH CROSS, L. B. SHASHTHRI NAGARA, VIMANAPURA, BANGALORE - 560017. 2. SRINIVAS H., (SINCE IS DIED REPRESENTED BY HIS LRS) SRI HANUMANTHAPPA, R/AT HOUSE No.3, 4TH CROSS, PARVATHI NAGAR, LAGGERE, BANGALORE - 560058. 3. SMT. GOWRAMMA, W/O HANUMANTHAPPA, R/AT HOUSE No.3, 4TH CROSS, PARVATHI NAGAR, LAGGERE, BANGALORE - 560058. ...RESPONDENTS (BY SRI ANANTHARAMA C., ADVOCATE FOR R1; SRI A.R. SRINIVAS, ADVOCATE FOR R2 & R3) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2025 PASSED IN MVC No.2749/2019 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-17, AWARDING COMPENSATION OF RS.61,62,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA No. 4980/2025 BETWEEN: 1. ANIL KUMAR K @ ANIL K NAIR, S/O KRISHNAN NAIR, AGED ABOUT 43 YEARS, No.649, VISHWARINILAYA, 1ST INDIRAGANDHI STREET, NEAR MADONNA SCHOOL, UDAYANAGARA, DOORAVANI NAGARA, BANGALORE 560 016. ...APPELLANT (BY SRI ANANTHARAMA C., ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 AND: 1. MAGMA HDI GENERAL INSURANCE COMPANY LIMITED No.36, 2ND FLOOR, MINERVA CIRCLE, J C ROAD, BANGALORE 560 027, REPRESENTED BY ITS MANAGER. SRINIVAS H., (SINCE IS DIED REPRESENT BY HIS LRs) 2. SRI. HANUMANTHAPPA R/AT HOUSE No.3, 4TH CROSS, PARVATHI NAGAR, LAGGARE, BENGALURU-560058. 3. SMT. GOWRAMMA, W/O HANUMANTHAPPA, R/AT HOUSE No.3, 4TH CROSS, PARVATHI NAGAR, LAGGERE, BENGALURU-560058. ...RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R1; SRI A.R. SRINIVAS, ADVOCATE FOR R2 & R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2025 PASSED IN MVC No.4245/2019 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 5 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Sri C. Anantharama, learned counsel for the appellants-claimants in MFA Nos.4389/2025 and 4980/2025; Sri S. Krishna Kishore, learned counsel for respondent No.1- Insurance Company; and Sri A.R. Srinivas, learned counsel for respondent Nos.2 and 3 in all the above three appeals. 2. MFA No.4389/2025 is filed by the claimant in MVC No.2749/2019; MFA No.4980/2025 is filed by the claimant in MVC No.4245/2019; and MFA No.3372/2025 is filed by the insurer. All the above appeals arise out of the common judgment and award dated 16.01.2025 passed by the Member, MACT, XIX Additional Judge, Court of Small Causes, Bengaluru (for short, 'the Tribunal'). 3. The claimants have preferred the present appeals seeking enhancement of compensation, while the insurer has filed an appeal questioning the percentage of disability assessed by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 Brief Facts: 4. On 30.04.2015 at about 4.30 a.m., when the claimants were travelling as occupants in an Innova car bearing Registration No. KA-41/A-2699, the driver of the said vehicle drove the same in a rash and negligent manner and caused an accident. On account of the impact, the claimants sustained grievous injuries. They were immediately shifted to the hospital, where they were treated as inpatients and underwent surgery. 4.1 The claimant in MVC No.2749/2019, has stated that he was earning a sum of Rs.1,50,000/- per month while working as a director at Ogilvy and Mather India Pvt. Ltd. 4.1.1 The insurer filed its statement of objections admitting the issuance of the policy; however, it denied the manner of the accident and contended that the driver of the Innova car did not possess a valid and effective driving licence. The insurer also disputed the income and avocation of the claimant, and the nature and percentage of disability alleged and the quantum of compensation claimed. - 7 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 4.1.2 The claimant examined himself as PW1 and two other witnesses were examined as PW2 and PW3, of whom PW3 is the doctor. Exhibits P1 to P28 were marked. The respondents did not adduce any evidence. 4.1.3 The Tribunal, upon consideration of the evidence on record, assessed the functional disability at 100%. As the claimant was aged 34 years, the Tribunal applied the multiplier of ‘16’. Having regard to the educational qualification and other relevant factors, the Tribunal assessed the monthly income of the claimant at Rs.30,000/-. Taking into account the period of treatment and the nature of injuries sustained, compensation was awarded under various heads. In all, the Tribunal awarded a total compensation of Rs.61,62,500/-. 4.2 The claimant in MVC No.4245/2019 contended that he was earning a sum of Rs.1,20,000/- per month while working as a Director at Ogilvy and Mather India Pvt. Ltd., and that, on account of the injuries sustained in the accident, his earning capacity has been reduced. - 8 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 4.2.1 The insurer filed its statement of objections admitting the issuance of the policy; however, it denied the manner of the accident and contended that the driver of the Innova car did not possess a valid and effective driving licence. The insurer also disputed the income and avocation of the claimant, and the nature and percentage of disability alleged and the quantum of compensation claimed. 4.2.2 The claimant examined himself as PW1 and examined the doctor as PW2, and marked Exhibits P1 to P15. The respondents did not adduce any oral evidence; however, they marked Exhibit R1. 4.2.3 The Tribunal, upon consideration of the evidence on record, assessed the notional income of the claimant at Rs.9,000/- per month and determined the permanent disability at 15%. As the claimant was aged 37 years, the Tribunal applied the multiplier of ‘15’. Taking into account the period of inpatient treatment, the nature of treatment undergone, and the requirement of follow-up treatment, the Tribunal awarded - 9 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 compensation under various heads. In total, the Tribunal awarded a compensation of Rs.4,01,700/-. Submissions: 5. Sri C. Anantharama, learned counsel appearing for the appellant in MFA No.4389/2025 arising out of MVC No.2749/2019, submits that the claimant was working as a Creative Director and was earning a salary of Rs.18,00,000/- per annum. He further submits that the claimant had prospects of future promotions and career advancement. 5.1 It is contended that the appointment letter and payslips produced at Exs.P9, P10 and P15 to P18 substantiate the income of the claimant. Learned counsel would further submit that, on account of the accident and the resultant injuries, the claimant’s professional excellence in creative direction has been seriously impaired, thereby adversely affecting his future prospects. 5.2 It is also submitted that, in view of the neuropsychological disability arising from the injuries sustained in the accident, the claimant is no longer in a position to - 10 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 discharge his duties in the same manner as prior to the accident. According to the learned counsel, the injuries have rendered the claimant incapable of pursuing not only his earlier avocation but also any other gainful employment. 5.3 Learned counsel submits that the Tribunal, having regard to the nature of the neuropsychological disability and the avocation of the claimant, has rightly assessed the functional disability at 100%. 6. Sri S. Krishna Kishore, learned counsel appearing for the insurer, submits that the injuries sustained by the claimant in MVC No.2749/2019 and the percentage of disability assessed do not completely extinguish his earning capacity. It is contended that the claimant himself has stepped into the witness box and deposed before the Court, which, according to the learned counsel, demonstrates that his cognitive and functional abilities are not wholly impaired. 6.1 Learned counsel further submits that there is no material on record to show that the claimant was terminated from his earlier employment on the ground of disability. On the - 11 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 contrary, it is contended that the claimant has voluntarily remained away from work, and such decision cannot be construed as termination or as resulting in total loss of earning capacity. It is therefore submitted that the compensation awarded by the Tribunal under various heads is just and reasonable, and does not warrant interference by this Court. 6.2 Learned counsel adopts the aforesaid submissions, in so far as they relate to the percentage of disability, in MFA No.3372/2025. 7. Sri C. Anantharama, learned counsel appearing for the appellant in MFA No.4980/2025 arising out of MVC No.4245/2019, submits that the Tribunal has committed an error in not properly appreciating the appointment letter and salary slip at Ex.P10, as well as Form-16 at Ex.P11, which were produced to establish the income of the claimant. Placing reliance on Ex.P11–Form-16, learned counsel contends that the salary earned by the claimant and the taxes paid thereon are clearly reflected therein, and the said document ought to have been taken as the basis for assessing the monthly income. - 12 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 7.1 It is further submitted that the Tribunal erred in assessing the notional income at Rs.9,000/- per month, ignoring the independent documentary evidence available on record to substantiate the actual income of the claimant. Learned counsel further submits that the compensation awarded under the other heads is on the lower side, having regard to the period during which the claimant was treated as an inpatient, the subsequent follow-up treatment, and the convalescence period undergone by him. 8. Sri S. Krishna Kishore, learned counsel appearing for the insurer, vehemently opposes the submissions made on behalf of the claimant, contending that Form-16, by itself, cannot constitute the sole basis for assessing the income of the claimant. According to him, Ex.P11–Form-16 is not corroborated by any independent or supporting evidence. 8.1 It is submitted that, in the absence of cogent proof of income, the Tribunal was justified in assessing the notional income at Rs.9,000/- per month. Learned counsel further contends that the Tribunal has awarded just and reasonable - 13 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 compensation on the basis of the evidence available on record, and that no interference by this Court is warranted. 9. We have considered the submissions made by the learned counsel for the parties and have perused the appeal papers as well as the records of the case. Analysis: In MFA No.4389/2025 and MFA No.3372/2025: 10. We shall first consider the contention of the insurer disputing the assessment of permanent disability at 100%. 10.1 The doctor has been examined as PW.3. The claimant, in his examination-in-chief as PW.1, has stated that, on account of the accidental injuries, he has lost his working capacity and efficiency, thereby adversely affecting his future prospects. 10.2 In his cross-examination, the claimant has admitted that he recollects the date of the accident. He has further stated that he lost contact with his office and, therefore, was unable to examine his employer as a witness. It is also admitted that he - 14 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 was not terminated from his employment; however, he volunteered that, due to his inability to continue, he left the job. No documentary evidence has been produced to establish that the claimant formally resigned from or discontinued his employment. 10.3 PW.3-the doctor, has deposed with regard to the treatment administered and the post-accident complications suffered by the claimant. It is stated that the claimant experiences difficulty in reading, remembering names, scanning for words, and using the software required for his work. He also finds it difficult to recall dates, days, and months, and requires reminders even to take medication. 10.4 It is further deposed that the claimant experiences difficulty in speaking and tends to stammer. According to PW.3, the claimant suffers from neuropsychological disability assessed at 43.06%. Taking into account the multiple fracture injuries sustained, the doctor has assessed the total permanent disability at 68%. - 15 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 10.5 In the cross-examination, the doctor has reiterated the difficulties faced by the claimant in speaking fluently and the various functional obstacles encountered by him. It is also admitted that the claimant has reached the maximum level of recovery and that no substantial further improvement is expected. 10.6 The other medical evidence on record also substantiates the neuropsychological disability suffered by the claimant. 10.7 Upon an overall assessment of the evidence, it is evident that the claimant is not rendered completely incapable of carrying on any work so as to warrant assessment of 100% functional disability. Though the claimant has stated that his working capacity and efficiency have been reduced, it cannot be said that he has entirely lost his earning capacity. 10.8 In that view of the matter, we are of the considered opinion that the assessment of 100% functional disability by the Tribunal is without proper basis. Having regard to the nature of work carried on by the claimant prior to the accident and the - 16 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 extent of disability established on record, the functional disability is appropriate to be assessed at 68%. 10.9 The contention of the insurer that only one-third of the whole body disability should be taken into account cannot be accepted while determining functional disability. Functional disability varies from case to case, depending upon the avocation pursued by the injured. Accordingly, for the purpose of computation of compensation, we assess the functional disability at 68%. 11. The age of the claimant and the application of multiplier ‘16’ are not in dispute. Learned counsel for the claimant, placing reliance on Exs.P9 and P10, contends that at the time of employment the claimant was offered a salary of Rs.18,00,000/- per annum. Further reliance is placed on Ex.P15, as well as Exs.P16 and P18, to contend that the proposed salary for subsequent years is reflected therein. 11.1 The aforesaid documents only indicate the proposed remuneration and are not corroborated by independent evidence to establish actual payment of the said salary. The author of - 17 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 those documents has also not been examined to prove their contents. 11.2 The Tribunal, having regard to the educational qualifications and overall circumstances, assessed the monthly income at Rs.30,000/-. The said assessment, in our considered view, is justifiable in light of the principles laid down by the Hon’ble Supreme Court in Kandasami and others vs. Lindabriyal and another (Civil Appeal No.3125/2023, dated 24.04.2023). 11.3 The compensation awarded under the other heads does not warrant interference. 11.4 The Hon’ble Supreme Court, in Erudhaya Priya vs. State Express Transport Corporation Ltd. [2020 SCC OnLine SC 601], has awarded addition towards future prospects even where the disability was assessed at 31.1%. In the present case, the Tribunal has not awarded any addition towards future prospects. The claimant was aged 34 years at the time of the accident. Though the permanent nature of his employment has not been conclusively established, having - 18 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 regard to his age and the principles governing addition towards future prospects, the assessed income is liable to be enhanced by 40% for the purpose of computing loss of future earnings. Accordingly, we award an addition of 40% towards future prospects. The income towards loss of future earning is as calculated below; Rs.30,000/- x 12 x 40% x 16 x 68% = Rs.54,83,520/- 11.5 In the light of the above, the compensation awarded by the Tribunal is re-assessed as under; Sl. No. Particulars Compensation awarded by the Tribunal (in Rs.) Modified compensation (in Rs.) 1. Towards pain and sufferings 75,000/- 75,000/- 2. Towards Medical expenses 51,500/- 51,500/- 3. Towards diet, food, nourishment, attendant and conveyance charges 50,000/- 50,000/- 4. Towards loss of future earning capacity 57,60,000/- 54,83,520/- 5. Towards attendant charges 6,000/- 6,000/- 6. Loss of income during laid up period 1,20,000/- 1,20,000/- 7. Towards loss of amenities 1,00,000/- 1,00,000/- Total 61,62,500/- 58,86,020/- Reduced compensation 2,76,480/- The claimant is entitled to reduced compensation of Rs.58,86,020/- as against Rs.61,62,500/- awarded by the Tribunal. - 19 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 In MFA No.4980/2025: 12. The Tribunal, upon noticing the salary slip at Exs.P10 and P11, proceeded to assess the notional income, disbelieving the said documents on the ground that credit of the amounts to the claimant’s bank account was not established. 12.1 The claimant contends that he was working as a Creative Director at Ogilvy and Mather India Pvt. Ltd., drawing a salary of Rs.1,20,000/- per month. Ex.P9 is the order of appointment specifying the salary and allowances. Ex.P11 is Form-16 issued by the employer-Ogilvy and Mather India Pvt. Ltd., for the Assessment Year 2015–16. 12.2 The accident occurred on 30.04.2015. The relevant financial year immediately preceding the accident is 01.04.2014 to 31.03.2015. Ex.P11–Form-16 pertains to the said period, which is immediately prior to the date of the accident. The Form- 16 reflects quarterly payments and the tax deducted at source (TDS), which has been remitted to the Government account. In that view of the matter, Ex.P11–Form-16 constitutes a reliable documentary evidence of income for the period immediately - 20 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 preceding the accident. As per the said document, the claimant had received a gross salary of Rs.18,10,618/- per annum. The said income is to be taken as the basis for computation of compensation. 12.3 From the aforesaid gross annual income of Rs.18,10,618/-, a sum of Rs.2,400/- towards Professional Tax and Rs.3,68,185/- towards Income Tax are liable to be deducted. After such deductions, the net annual income of the claimant works out to Rs.14,40,033/-. In view of the foregoing reasons, the assessment of notional income by the Tribunal cannot be sustained, as it is contrary to the documentary evidence available on record. The monthly income of the claimant after tax is accordingly assessed at Rs.1,20,000/-. 12.4 The claimant was aged 37 years at the time of the accident. The Tribunal has rightly applied the multiplier of ‘15’, and the same does not call for interference. Accordingly, the loss of future earning capacity is re-assessed as follows: Rs.1,20,000/- x 12 x 15 x 15% =Rs.32,40,000/- - 21 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 12.5 The Tribunal has assessed the loss of income during the laid-up period at Rs.36,000/- for four months, at the rate of Rs.9,000/- per month. In view of the reassessment of the monthly income, the claimant would be entitled to compensation towards loss of income during the laid-up period at the rate of the assessed monthly income for a period of four months. Rs.1,20,000/- x 4 = Rs.4,80,000/- 12.6 The evidence on record indicates that the claimant underwent inpatient treatment for a period of 10 months and thereafter required considerable time to recuperate from the injuries sustained. While we have assessed the laid-up period at four months for the purpose of loss of income, the sum of Rs.25,000/- awarded towards pain and suffering appears to be on the lower side, having regard to the nature of injuries and prolonged treatment. We therefore deem it appropriate to enhance the compensation under the head of pain and suffering to Rs.50,000/-. 12.7 The compensation awarded under the other heads is reasonable and based on the evidence on record. We find no ground to interfere with the same. - 22 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 12.8 In the light of the above, the compensation awarded by the Tribunal is re-assessed as under; Sl. No. Particulars Compensation awarded by the Tribunal (in Rs.) Modified compensation (in Rs.) 1. Towards pain and sufferings 25,000/- 50,000/- 2. Towards Medical expenses 17,700/- 17,700/- 3. Towards diet, food, nourishment, attendant and conveyance charges 40,000/- 40,000/- 4. Towards loss of future earning capacity 2,43,000/- 32,40,000/- 5. Loss of income during laid up period 36,000/- 4,80,000/- 6. Attendant charges 10,000/- 10,000/- 7. Towards loss of amenities 30,000/- 30,000/- Total 4,01,700/- 38,67,700/- Enhanced compensation 34,66,000/- The claimant is entitled to enhanced compensation of Rs. 38,67,700/- as against Rs.4,01,700/- awarded by the Tribunal. Conclusion: 13. Accordingly, we pass the following; ORDER (i) The appeals are allowed-in-part. (ii) The judgment and award in MVC No.2749/2019 dated 16.01.2025 passed by the Member, MACT XIX Addl. Judge, Court of Small Causes, Bengaluru, is modified by re-computing the compensation at - 23 - HC-KAR NC: 2026:KHC:8145-DB MFA No. 4389 of 2025 C/W MFA No. 3372 of 2025 MFA No. 4980 of 2025 Rs.58,86,020/- as against Rs.61,62,500/- computed by the Tribunal. (iii) The judgment and award in MVC No.4245/2019 dated 16.01.2025 passed by the Member, MACT XIX Addl. Judge, Court of Small Causes, Bengaluru, is modified by re-computing the compensation at Rs. 38,67,700/- as against Rs.4,01,700/- computed by the Tribunal. (iv) All other conditions regarding interest, deposit, release and disbursement are maintained. (v) In both the cases, the insurer is granted six weeks time from the date of receipt of copy of this order to deposit the remaining compensation amount. (vi) The amount in deposit if any shall be transferred to the Tribunal at the earliest. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 16