- 1 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE R DEVDAS AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 7093 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 115 OF 2025 (MV-I) IN MFA No. 7093/2024 BETWEEN: THE MANAGER RELIANCE GIC LTD., OPP KSRTC BUS STAND, BHIMA JEWELLERS BUILDING, MYSORE, NOW REP BY THE MANAGER, RELIANCE GIC LTD., NO. 28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, MG ROAD, BENGALURU - 560 001. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SHIVAKUMARA R S/O RANGAIAH, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 AGED ABOUT 32 YEARS, R/AT DR B R AMBEDKAR COLONY, MOOGOORU VILLAGE, T NARASIPURA, MYSORE TALUK AND DISTRICT. 2. SHREEDHARA S/O CHIKK EREGOWDA, R/AT MEGALAKOPPALU, ATTALLI POST, BANNUR HOBLI, T NARASIPURA TALUK, MYSORE DISTRICT. …RESPONDENTS (BY SMT. ANUSHA NANDISH., ADVOCATE FOR R1 V/O DT. 13.10.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.05.2024 PASSED IN MVC NO.413/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, MACT, CHAMARAJANAGAR, AWARDING COMPENSATION OF RS.21,09,923/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC., IN MFA NO. 115/2025 BETWEEN: SRI. SHIVAKUMARA R S/O RANGAIAH AGED 30 YEARS R/AT DR. B. R. AMBEDKAR COLONY MOOGOORU VILLAGE, T. NARASIPURA MYSORE TALUK AND DISTRICT-571124 ...APPELLANT (BY SRI. ANUSHA NANDISH., ADVOCATE) - 3 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 AND: 1. SRI SHREEDHARA S/O CHIKK EREGOWDA R/AT MEGALAKOPPALU ATTALLI POST, BANNUR HOBLI, CHAMRAJANAGAR, T NARASIPRUA TALUK MYSORE DISTRICT-571124. 2. THE BRANCH MANAGER LEGAL DIVISION THE RELIANCE GENERAL INSURANCE COMPANY LIMITED OPP. KSRTC BUS STAND BHIMA JEWELLERS BUILDING MYSORE POLICY NO.140522223580005631 VALID FROM 23.06.2022 TO 22.06.2023) ...RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R2 R1 IS SERVED & UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.05.2024 PASSED IN MVC NO. 413/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND C.J.M., MACT, CHAMRAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC., THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE R DEVDAS) Both the claimant as well as the insurance company in MVC No.413/2022 are before this Court in these two Miscellaneous First Appeals, the claimant seeking enhancement of the compensation, while the insurance company is seeking reduction in the compensation awarded by the Tribunal. 2. This is a case of injury suffered by the claimant in the accident that occurred on 03.11.2022. The claimant was riding pillion on the motorcycle bearing No.KA-09-JF- 9078 from Mysore to Moogooru. The accident occurred near Duttagere Village Nursery. An ongoing tractor bearing No.KA-16-T-7174 caused the accident and the claimant suffered serious injuries and fracture. - 5 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 3. Having regard to the evidence placed on record, there is no serious dispute on the part of the insurance company regarding the accident and that the claimant suffered the injuries and fracture in the accident caused by the driver of the tractor. However, the contention of the insurance company is that the Tribunal has erred in awarding 40% towards future prospects, in an injury case. Learned counsel for the insurance company submits that even according to the treating Doctor, the claimant suffered grievous injury and the Doctor opined that the claimant has suffered 40% disability for left lower limb. The claimant requires total Knee replacement surgery on a later date. Though the Doctor opined that knee re- placement surgery may cost Rs.3,00,000/-, the Tribunal awarded Rs.50,000/- towards future medical expenses. The learned counsel would also submit that even if the treating Doctor was of the opinion that the claimant suffered 40% disability in the lower left limb, nevertheless, - 6 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 the injury will not in any way hamper the avocation of the claimant who is said to have been working as a coolie. 4. Per contra, learned counsel for the claimant submits that in terms of the law laid down by the Constitutional bench of the Apex Court in the case of NATIONAL INSURANCE COMPANY LTD., .VS. PRANAY SETHI AND OTHERS, (2017) 16 SCC 680, the Tribunal rightly considered awarding of compensation towards future prospects, even in an injury case. Learned counsel would further submit that the decision of the Tribunal in reducing the compensation towards future medical expenses, although the treating Doctor had rightly opined that in future a knee surgery may be required for the complainant and for that purpose Rs.3,00,000/- may be provided, is unreasonable. Rs.50,000/-, which will not be sufficient for a knee replacement surgery. Even towards food and nourishment charges, the Tribunal has awarded only Rs.10,000/- having regard to the fact that the claimant was laid up for more than 3 months, the award is - 7 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 meager. The learned counsel would also submit that for the laid up period, the Tribunal has awarded only Rs.3,996/-, without taking into consideration the fact that the claimant was laid up for nearly 3 months and not for 6 days, which the claimant spent in the hospital. 5. Having considered the submissions made by the learned counsel for the insurance company as well as the learned Counsel for the claimant, this Court is of the considered opinion that insofar as the Tribunal awarding compensation towards future prospects in an injury case, cannot be faulted with. However, the question is whether 40% would be awarded in such a case. We find that the claimant who suffered serious injuries, including fracture of left Femur, fracture of left 5th Metacarpal, fracture of left Patella, fracture of left distal phalanx of ring finger and other abrasions, no doubt the injuries sustained by the claimant are permanent in nature and it would cause difficulty for the claimant in his avocation as a coolie, - 8 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 nevertheless consideration of 40% towards future prospects in these circumstances may be on a higher side. Therefore, we are of the considered opinion that 20% can be awarded towards future prospects. Accordingly, we proceed to calculate the loss of future earning capacity of the claimant as follows; (Rs.15,500+20%=Rs.18,600x12=Rs.2,23,200. Then again Rs.2,23,200x17/100 = Rs.6,32,400/-). 6. We also accept the contentions of the learned counsel for the claimant that for knee replacement surgery a sum of Rs.3,00,000/- is required to be awarded, in terms of the opinion of the Doctor. Towards food and nourishment, a sum of Rs.30,000/- is required to be awarded. Towards the loss of income during the laid up period, since admittedly the claimant was an inpatient in the hospital for 6 days and he was unable to resume his duties for a period of 3 months, the Tribunal should have - 9 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 awarded compensation at the rate of Rs.15,500/- for 3 months, which would be (15500X3=46500) Rs.46,500/-. 7. Thus, the claimant is entitled to modified compensation as under: SL. No. Heads Compensation Awarded by Tribunal Compensation Awarded by this Court 1. Pain & Suffering Rs. 50,000/- 50,000/- 2. Medical Expenses Rs. 1,90,207/- 1,90,207/- 3. Loss of Income during laid up period Rs. 3,996/- 46,500 (15,500x3) 4. Future Medical Expenses Rs. 50,000/- 3,00,000/- 5. Loss of amenities and discomfort Rs. 35,000/- 35,000/- 6. Food and nourishment Rs. 10,000/- 30,000/-(10,000x3) 7. Loss due to disability Rs. 17,70,720/- 6,32,400/- (15,500x12x20%x17) Total Rs. 21,09,923/- 12,84,107/- - 10 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 8. The compensation awarded by the Tribunal in a sum of Rs.29,09,923/- is reduced to Rs.12,84,107/-. Hence, the following: ORDER (i) The appeals are allowed in part. (ii) The impugned judgment and award dated 29.05.2024 passed in MVC No.413/2022 on the file of Senior Civil Judge & MACT, Chamarajanagara, is hereby modified by reducing compensation amount of Rs.29,09,923/- into Rs.12,84,107/-. (iii) The judgment and award passed by the Tribunal insofar as the releasing of the compensation and depositing a certain portion of the compensation in fixed deposit remains undisturbed. (iv) The amount deposited by the appellant Insurance Company shall be transferred to the Tribunal forthwith. - 11 - HC-KAR CNR: KAHC010611642024 NC: 2026:KHC:45745-DB MFA No. 7093 of 2024 C/W MFA No. 115 of 2025 (v) Registry is hereby directed to transmit the Trial Court Records to the Tribunal along with a copy of this judgment. (vi) Draw modified award accordingly. Sd/- (R DEVDAS) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE KLY CT: JL