- 1 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH MISCELLANEOUS FIRST APPEAL NO. 5672 OF 2021 (MV-I) BETWEEN: 1. P KAMAL S/O PRAKASH R AGED ABOUT 23 YEARS RESIDING AT 4/413, 13TH MAIN 2ND CROSS, HOSURU GUBLIMARA J P NAGAR, MYSURU-570008 …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. KARAN KUMAR S/O RAJESH SRINIVASAN AGED ABOUT 24 YEARS R/AT NO.957, 2ND MAIN, 2ND CROSS VIDYARANYAPURAM, MYSURU-560008. 2. THE NEW INDIA ASSURANCE COMPANY LTD., BY ITS MANAGER DIVISIONAL AND BRANCH OFFICE NO.2951 2ND FLOOR JLB ROAD, CHAMUNDIPURAM, MYSURU-570 004 …RESPONDENTS (BY SRI. B.C.SEETHARAMA RAO, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH, VIDE ORDER DATED:21/8/2025) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 THIS MFA IS FILED UNDER SECTIION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED.04.09.2019 IN MVC NO.1685/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, MACT, MYSURU, 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 D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed impugning the judgment and award dated 04.09.2019 passed by the II Additional District Judge and MACT (for brevity 'the Tribunal'), Mysuru in MVC No.1685/2018. 2. The appellant had suffered injury in a Motor Vehicle accident on 29.10.2018 at 4.30 p.m., while he was proceeding as a pillion rider from Yekalavya Circle towards ZP Junction, Ballal Circle in the Motor Cycle bearing registration No.KA-09-HN-3990, belonging to one Karan Kumar/Respondent No.1 before the Tribunal. - 3 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 3. The Tribunal framed the following issues for consideration: a. Whether the petitioner proves that on 29.10.2018 at 4.30 p.m. on K.R.B. road, the Respondent No.1 being the rider of motor cycle bearing No.KA-09-HN-3990 was riding the same in a rash and negligent manner and caused the accident ? b. Whether the Petitioner further proves that he has sustained injuries in the said accident as stated in the petition? c. Whether the Respondent No.1 proves that the rider of motor cycle bearing No.KA-09-HN-3990 had the valid driving licence at the time of the accident ? d. Whether the petitioner proves his age, occupation and income ? e. Whether the Petitioner is entitled for compensation ? If so, what is the amount and from whom ? f. What order or award ?" - 4 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 4. The Tribunal has granted compensation of Rs.2,63,787/- on the following heads:- a. Pain and suffering Rs. 30,000/- b. Medical Expenses Rs. 1,68,787/- c. Special Diet, Attendant charges, Travelling etc,. Rs. 15,000/- d. Loss of amenities and marriage prospects etc., Rs. 50,000/- Total Rs.2,63,787/- 5. Sri Shantharaj K., learned counsel for the appellant/ claimant has vehemently submitted that the appellant has lost one eye. As per the Schedule I of the Employees' Compensation Act, 1923, the Tribunal should have taken 40% of his present income towards loss of future income, and the compensation should have been awarded for 'loss of future income'. No such compensation was awarded in the award passed by the Tribunal and therefore, to that extent the award needs to be modified. 6. On the other hand, learned counsel for the 2nd respondent/Insurance Company submits that Schedule I to - 5 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 the Employees' Compensation Act, 1923, provides for loss of percentage of earning capacity up to 40% in case of complete loss of one eye without complications and other eye being normal. He further submits that even as per the evidence adduced by the claimant himself, Exhibit P15 i.e., the disability certificate issued by the Doctor, who treated the claimant, there was no loss of one eye of the claimant, but there was vision loss up to 30%. He therefore, submits that the claim for 40% of loss of future income does not appear to be correct. 7. We have considered the submissions of learned counsel for the parties and perused the material on record. 8. There is nothing to support the contention of Sri. Shantharaj, learned counsel for the appellant, that there was complete loss of one eye of the claimant. The Doctor, who had treated the claimant himself has certified that the claimant has suffered 30% visual loss to the right eye. The Tribunal has not awarded any compensation - 6 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 towards loss of future earning capacity, because of loss of 30% vision in right eye. 9. Therefore we are of the view, that the award needs to be modified and the claimant would be entitled for compensation towards 'Loss of Future Earning', because of 30% loss of his vision in the right eye. Hence, we deem it appropriate to assess the future monthly income of the claimant at Rs.20,000/-. 10. Thus we modify the impugned judgment and award dated 04.09.2019 and enhance the compensation by granting 30% towards 'loss in future earning capacity' of the claimant and we re-calculate the compensation as under: a. Pain and suffering Rs. 30,000/- b. Medical Expenses Rs. 1,68,787/- c. Special Diet, Attendant charges, Travelling etc,. Rs. 15,000/- d. Loss of amenities and marriage prospects etc., Rs. 50,000/- e. Loss of future earning would be [Rs.20,000/- x 30% = Rs.6,000 x 12 x 18] Rs.12,96,787/- - 7 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 Total Rs.15,59,787/- Less compensation awarded by the Tribunal Rs. 2,63,787/- Enhanced amount of compensation Rs.12,96,000/- 11. In the result, we proceed to pass the following: ORDER i) The Appeal is allowed in part. ii) The judgment and award dated 04.09.2019 passed in MVC.No.1685/2018, by the II Additional District Judge and MACT, Mysuru, stands modified. iii) The claimant is entitled for enhanced compensation of Rs.12,96,000/-, with interest at the rate of 6% p.a. on the enhanced amount, from the date of petition till its realization. iv) The claimant would not be entitled for interest on the delayed period of 101 days on the enhanced amount of compensation. v) The respondent No.2 - Insurance Company shall deposit the amount within a period of six weeks from the date of award. - 8 - HC-KAR NC: 2026:KHC:2753-DB MFA No. 5672 of 2021 vi) The remaining portion of the award of the Tribunal shall remain unaltered. vii) Registry is directed to send a copy of this judgment to the Tribunal along with its record, forthwith. viii) Draw award accordingly. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG List No.: 1 Sl No.: 16