- 1 - HC-KAR CNR: KAHC010401722020 NC: 2026:KHC:44370 MFA No. 150 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 150 OF 2021 (MV-I) BETWEEN: SRI. MANJUNATH. S S/O SHIVANNA AGED ABOUT 34 YEARS R/A NO.165, ARALALUSANDRA, HOSUR RAMANAGARAM TALUK RAMANAGARA DISTRICT PIN-562 109 …APPELLANT (BY SRI. CHANDRASHEKARAIAH B, ADVOCATE) AND: 1. NATIONAL INSURANCE COMPANY LTD REGIONAL OFFICE NO.144 AND 144/1 SHUBARAM COMPLEX NEXT TO SHANKARANARAYAN BUILDING M.G ROAD, BENGALURU-560 001 BY ITS MANAGER 2. SRI. PENCHELA NAIDU METTAM PROPRIETOR M/S KAVERI TRAVELS D.NO.10-4-20 KANAKALAPET YANAM CITY YANAM DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010401722020 NC: 2026:KHC:44370 MFA No. 150 of 2021 PADUCHETTY STATE-533464 (AGE AND FATHERS NAME OF R2 NOT KNOW TO THE APPELLANT) …RESPONDENTS (BY SRI. A.M VENKATESH, ADVOCATE FOR R1, VIDE ORDER DATED 06.07.2022, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2020 PASSED IN MVC NO. 5419/2018 ON THE FILE OF THE VIII ADDITIONAL JUDGE AND ACMM, MEMBER-MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT This appeal is directed against the judgment and award dated 05.02.2020 passed in MVC No.5419/2018 by the Court of VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5) at Bengaluru, (for short, the Tribunal), whereby the Tribunal partly allowed the claim petition and awarded compensation of Rs.3,77,000/- with interest at the rate of 9% per annum. 2. Heard learned counsel for the respective parties. - 3 - HC-KAR CNR: KAHC010401722020 NC: 2026:KHC:44370 MFA No. 150 of 2021 3. The short question addressed by the learned counsel for the appellant in this appeal is that the Tribunal while awarding the compensation has failed to award compensation on the head of loss of future income. Learned counsel for the appellant by filing an application under Order XLI Rule 27 read with Section 151 of CPC along with additional documents contented that due to the injuries, the appellant- claimant is unable to continue his work and as such, he relieved from his job as Assistant Professor at Don Bosco Institute of Technology on 15.06.2019. However, the said document is marked at Ex.P15 before the Tribunal, the claimant has failed to adduce the evidence of his employer due to the reason beyond his control. As such, he submits that if an opportunity is extended to the claimant, he is able to produce the documents and adduce the evidence of his employer and also produce the documents to prove that due to accidental injury he is unable to continue his professor work so also the documents pertaining to the amount he had spent for removal of implants. He also contended that the disability sustained by the claimant is also not properly assessed by the Tribunal, despite the evidence of - 4 - HC-KAR CNR: KAHC010401722020 NC: 2026:KHC:44370 MFA No. 150 of 2021 PWs.2 and 3-Doctors. Accordingly, he submits that by allowing I.A.No.1/2025, the matter may be remitted back to the Tribunal for fresh consideration. 4. Per contra, learned counsel for the Insurance Company fairly submits that in view of the additional documents produced along with I.A.No.1/2025, he has no objection to remand the matter back to the Tribunal for fresh consideration by examining the documents. Further, he submitted that in the event of any enhancement of compensation on remand, the appellant-claimant is not entitled for interest from the date of disposal of the claim petition till the date of claim petition on remand. 5. I have given my anxious consideration to the submission made by learned counsel for the respective parties and perused the impugned judgment along with I.A.No.1/2025. 6. On careful perusal of the documents produced along with I.A No.1/2025, the claimant has produced the experience certificate issued by RNS Institute of Technology dated 30.01.2021 and also the relieving letter from Bazar\NXT (Shop - 5 - HC-KAR CNR: KAHC010401722020 NC: 2026:KHC:44370 MFA No. 150 of 2021 Clients Consultancy Services Ltd.) dated 28.03.2024 so also estimating costs of Rs.55,000/- to 60,000/- for removal of implant issued by Bharath Kempanna Health Care, (Multi Specialty Hospital) dated 29.08.2025. These aspects of the matter are to be considered by the Tribunal for awarding compensation on the head of loss of future income. Hence, in my considered view, the matter requires reconsideration by the Tribunal by examining the documents produced along with I.A.No.1/2025. Accordingly, I.A.No.1/2025 is allowed. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The judgment dated 05.02.2020 passed in MVC No.5419/2018 by the Court of VIII Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-5) at Bengaluru is set aside. iii. The matter is remitted back to the Tribunal for fresh consideration. iv. The parties shall appear before the Tribunal on 28.09.2026 without expecting any further notice. - 6 - HC-KAR CNR: KAHC010401722020 NC: 2026:KHC:44370 MFA No. 150 of 2021 v. The parties are at liberty to lead any further evidence and to produce any documents, if any. vi. The Tribunal is at liberty to frame any additional issues, if requires to dispose of the case. vii. Since the accident is of the year 2018, the Tribunal is requested to dispose of the claim petition at the earliest. viii. Registry is directed to send back the trial court records along with certified copy of the judgment to the concerned tribunal, forthwith. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 5