- 1 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7955 OF 2024 (MV-I) BETWEEN: MR K YOGESH S/O LATE. KRISHNAPPA AGED ABOUT 40 YEARS No.45, THOTADEVARAHALLI COTTONPETE, CHIKKAPET BENGALURU-560 053. …APPELLANT (BY SRI HALESHA R G, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF HORTICULTURE M. S. BUILDING BANGALORE-560 001. 2. THE DIRECTOR OF HORTICULTURE GOVERNMENT OF KARNATAKA DEPARTMENT OF HORTICULTURE LALBAGH BENGALURU-560 027. …RESPONDENTS (BY SRI. RAGHU PRAKASH BABU D, ADVOCATE FOR R1 AND R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 10.07.2024 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 PASSED IN MVC No.3691/2022 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-25), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant -claimant seeking enhancement of the compensation awarded in the judgment and award dated 10.07.2024 passed in M.V.C.No.3691/2022 by Motor Accident Claims Tribunal and Court of Small Causes, Bangalore (SCCH-25). 2. The facts leading to filing of this claim petition are as under: a) That on 01.09.2021, the appellant -claimant was riding two wheeler bearing registration No.KA-02/JG-1353 along with pillion rider on the extreme left side of the road and when they reached M.S.Building Road, Bangalore, at about 03.45 p.m., a Ford Fiesta Car bearing registration No.KA-01/G-5429, which was going in front of him applied - 3 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 sudden brake without any indicator and suddenly opened the left back door and knocked the appellant’s two wheeler. Due to which, the appellant -claimant sustained grievous injuries to his chest, neck, hip, face etc. b) The appellant –claimant took treatment in St. Martha’s Hospital, Kanva Hospital and St. John’s Medical College Hospital as an indoor patient from 02.09.2021 to 08.09.2021 and they spent huge amount towards the medical expenses, conveyance, attendance charges, food, nourishment etc. b) The appellant -claimant was working as ‘D’ group employee in the office of BBMP and earning Rs.30,000/- per month. Due to the accidental injuries he is unable to walk, stand and sit with crossed legs. c) The accident occurred solely due to the rash and negligent driving of Ford Fiesta Car bearing No.KA-01/G- 5429. The respondents being RC owners are jointly and severely liable to pay the compensation to the appellant - claimant. - 4 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 d) Respondents in their objections contended that the driver of the vehicle stopped it in the premises of M. S. Building to enable the officer to get down from the car. Suddenly the appellant came in a rash and negligent manner with high speed and dashed to the door of the car. The accident occurred due to the reckless driving of the appellant -claimant. With this they prayed for dismissal of the petition. 3. On the above pleadings, the Tribunal has framed the following issues: “1. Whether the Petitioner proves that, the accident occurred on 01.09.2021 at about 3.45 am due to the carelessness and rash and negligent driving by the driver of Ford Fiesta Car bearing Reg.No.KA-01- G-5429 and in the said accident petitioner sustained injuries? 2. Whether the Petitioner is entitled for Compensation? If so, what is the quantum? From whom payable? 3. What order or award?” - 5 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 a) The claimant has been examined as P.W.1, got examined two witnesses as P.W.2 and P.W.3 and got marked documents as Ex.P1 to Ex.P35. Respondent No.2 has been examined as R.W.1 and no documents have been marked on the respondent's side. b) The Tribunal after hearing the arguments on both sides and appreciating the evidence on record has awarded the compensation under different heads as under: 1. Pain and Suffering Rs.80,0000/- 2. Medical expenses Rs.1,28,282/- 3. Loss of income during laid up period Rs.54,948/- 4. Loss of future income -NIL- 5. Loss of future amenities and happiness Rs.50,000/- 6. Attendant, conveyance, food and nourishment charges Rs.30,000/- Total Rs.3,43,230/- c) The Tribunal has awarded interest at the rate of 6% per annum on the compensation awarded from the date of petition till the date of payment of the compensation awarded. Not satisfied with the - 6 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 compensation awarded by the Tribunal, the appellant - claimant seeking enhancement of the compensation has filed the present appeal. 4. Heard learned counsel for the appellant – claimant and learned counsel for respondents. 5. Learned counsel for the appellant -claimant would contend that P.W.3 -doctor has stated in detail injuries, nature of fractures sustained by the claimant and considering the same the Tribunal has taken functional disability at 20%, has not awarded loss of future income. The appellant -claimant is working as ‘D’ group employee. Due to the accident and functional disability, he is not able to do his work properly and it will affect his future prospects. The Tribunal has not awarded anything towards loss of future prospects. With this, he prayed to allow the appeal. 6. Learned counsel for respondents would contend that the appellant -claimant, who is permanently employed as ‘D’ group employee is getting same income - 7 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 even after the accident which he was getting prior to the accident. Considering the same, the Tribunal has rightly held that he is not entitled for loss of future income. He further contented that the Tribunal has awarded loss of future amenities and happiness and therefore, the appellant is not entitled for loss of future prospects. With these, he prays to dismiss the appeal. 7. Having heard learned counsels, the following points arise for my consideration: i) Whether the Tribunal is justified in not awarding loss of future income? ii) Whether the Tribunal is justified in not awarding loss of future prospects? 8. Point No.1: It is not in dispute that the appellant -claimant was working as ‘D’ group employee in BBMP. The Tribunal considering the documents Ex.P16, 17 and 21 i.e., appointment letter, salary slip and employee ID has rightly held that the appellant -claimant is getting monthly income of Rs.27,474/-. It is also not in dispute - 8 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 that the appellant -claimant is aged about 37 years as on the date of accident. The appellant has not produced any evidence on record to indicate that his income has been reduced after the accident due to his functional disability. The appellant is getting the same income which he was getting prior to the accident. There is no evidence on record to indicate that the appellant has been demoted etc., to claim loss of future income. Considering above aspects, the Tribunal has rightly held that the appellant - claimant is not entitled to loss of future income. Accordingly, the said point is answered. 9. Point No.2: Ex.P3 is the wound certificate, which indicates the following injuries: a) laceration over right side of chin with swelling over right side of neck. b) laceration above left nipple with swelling and contusion, right 7th rib and left 11th rib fracture, D6, D7 spinous process fracture and they are grievous in nature. - 9 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 10. The doctor has been examined as P.W.3 and he has deposed regarding details of surgery undergone by the appellant -claimant and assessed disability at 30% of the whole body. The Tribunal considering the said evidence has fixed the functional disability at 20%. The appellant - claimant who is working as ‘D’ group employee in BBMP has to perform his duties, lifting of heavy articles, books, sweeping etc. Even though his monthly income is not reduced, the functional disability which is assessed at 20% will affect his work, which will affect his promotion. Considering the said aspect, the appellant -claimant is entitled to loss of future prospects. To assess the loss of future prospects, the loss of income has to be assessed first. The loss of income is assessed as under: Rs.27,474/- x 12 x 15 = Rs.49,45,320/- x 20% (disability) =Rs.9,89,064/-. 11. The said amount of Rs.9,89,064/- is loss of future income. The appellant -claimant is not entitled to be said loss of future income, but he is entitled for loss of - 10 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 future prospects at 50% as per decision of Hon'ble Apex Court in the case of National Insurance Company Vs Pranay Sethi and Ors1. The appellant -claimant is at permanent job and therefore, considering the age 37 which is below 40 years is entitled to future prospects at 50%. The 50% of Rs.9,89,064/- comes to Rs.4,94,532/-. Therefore, the appellant –claimant is entitled to a sum of Rs.4,94,532/- towards loss of future prospects. 12. The compensation awarded under other heads, i.e., pain and suffering, medical expenses, loss of income during laid up period, attendance, conveyance, food nourishment charges etc., are just and proper. Since, the appellant -claimant is awarded loss of future prospects, he is not entitled to loss of future amenities and happiness awarded by the Tribunal in a sum of Rs.50,000/-. Considering the above aspects, the appellant –claimant is entitled to total compensation under different heads as under: 1 In AIR 2017 SC 5157 - 11 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 1. Pain and Suffering Rs.80,0000/- 2. Medical expenses Rs.1,28,282/- 3. Loss of income during laid up period Rs.54,948/- 4. Loss of future prospectus Rs.4,94,532/- 5. Attendant, conveyance, food and nourishment charges Rs.30,000/- Total Rs.7,87,762/- 13. The appellant -claimant is entitled to an enhanced compensation of Rs.4,44,532/- (Rs.7,87,762/- minus Rs.3,43,230/-) with interest at the rate of 6% P.A. from the date of petition till realisation. In view of the above the following ORDER i) The appeal is allowed in part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.4,44,532/- with interest at the rate of 6% P.A. from the date of petition till realization. iii) Respondents shall deposit the said enhanced amount with interest within a period of 12 weeks - 12 - HC-KAR NC: 2026:KHC:25675 MFA No. 7955 of 2024 from this day. Failing which they are liable to pay interest at the rate of 9% per annum from this day till payment/deposit of enhanced compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 10