- 1 - HC-KAR NC: 2026:KHC:18568 M.F.A. No.4275/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4275/2020 (MV-I) BETWEEN: SRI. ERAPPA HAVARAGI S/O SOMAPPA AGED 36 YEARS WORKING AS HELPER KSRTC DEPOT NO.2 CENTRAL DIVISION SHANTHINAGAR BENGALURU-560. …APPELLANT (BY SRI. P. MAHADEVASWAMY, ADV.,) AND: 1. THE DIVISIONAL CONTROLLER KSRTC BENGALURU CENTRAL OFFICE SHANTHINAGAR BENGALURU-560 027. 2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE XI-672100 4TH FLOOR, TOWER BLOCK UNITY BUILDINGS J.C.ROAD, BENGALURU-560 002. …RESPONDENTS (BY SRI. F.S. DABALI, ADV., FOR R1 SMT. LATA PRASAD, ADV., FOR R2) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18568 M.F.A. No.4275/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 25.07.2018 PASSED IN MVC NO.559/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 25.07.2018 passed in MVC.No.559/2017 by the XXII ASCJ & XX ACMM and Member, MACT, Bengaluru, (SCCH-24), (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.P.Mahadevaswamy, learned counsel appearing for the appellant submits that the Tribunal has erred in not awarding any compensation under the - 3 - HC-KAR NC: 2026:KHC:18568 M.F.A. No.4275/2020 head of loss of future income due to disability. It is submitted that the appellant availed a total of 112 days of leave due to the injuries sustained; however, a sum of only Rs.54,196/- has been awarded towards loss of leave, which is very meager. Hence, he seeks to reassess the compensation by considering his nature of employment, as a conductor cum driver, and due to disability, he is unable to continue his work. 4. Per contra, Smt.Lata Prasad, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the Tribunal has assigned detailed reasons in paragraph Nos.20 and 21 with regard to the loss of leave, which has been appropriately calculated and compensation has been awarded for such loss. It is submitted that the evidence on record clearly indicates that even after the accident and the alleged disability, the appellant continued in service with the Corporation and drew the same salary. Hence, there cannot be any compensation under the head of loss - 4 - HC-KAR NC: 2026:KHC:18568 M.F.A. No.4275/2020 of future income due to disability. It is further submitted that the award of compensation by the Tribunal on the other heads is just and proper and there is no scope for enhancement. Accordingly, she seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material available on record. 6. The appellant as well as the respondent/Insurance Company are not in dispute that the appellant met with a road accident on 13.09.2014 and sustained fractures. The record indicates that the doctor has assessed the disability at 28% to a particular limb and 14% to the whole body. It is to be noticed that the appellant was employed as a driver-cum-conductor in KSRTC. It is also not in dispute that due to disability resulting from the road accident, the appellant has neither lost his employment nor suffered any reduction in earning capacity. Considering the same, the Tribunal was fully - 5 - HC-KAR NC: 2026:KHC:18568 M.F.A. No.4275/2020 justified in declining to award compensation under the head of loss of future income due to disability. In my considered view, the said finding is strictly in consonance with the evidence available on record and does not call for any interference. 7. Insofar as the loss of leave is concerned, the Tribunal in paragraph No.20 has clearly recorded the category of leave availed by the appellant during the treatment period. Taking the same into consideration along with his salary, it has awarded a sum of Rs.54,196/- which is strictly in consonance with the evidence available on record. However, having regard to the nature of treatment provided to the appellant, the injuries sustained and the extent of disability assessed by the doctor, I am of the considered view that the ends of justice would be met if an additional compensation of Rs.50,000/- is awarded to the appellant over and above the compensation awarded by the Tribunal. Accordingly, the appellant is entitled to an additional sum of Rs.50,000/- as compensation. - 6 - HC-KAR NC: 2026:KHC:18568 M.F.A. No.4275/2020 The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization excluding the interest for the delayed period of 451 days as per the order dated 12.12.2022. 8. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount of Rs.50,000/- with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 15