- 1 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1477 OF 2023(MV-I) BETWEEN: SRI ANTHONY RAJ S/O. PRAKASH AGED ABOUT 50 YEARS R/A NO.57/1A, CARMEL SADANA BEHIND CARMEL CHURCH KANAKAPURA MAIN ROAD THATTAGUPPE BENGALURU-562 117 …APPELLANT (BY SMT. NITHYA N., ADVOCATE FOR; SRI PRAKASH M. H., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD. OFFICE AT KRUSHI BHAVAN 5TH AND 6TH FLOOR, HUDSON CIRCLE BENGALURU-560 001 REP. BY ITS MANAGER Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 2. SRI B. K. PRASANNA S/O. B. T. KESHAVA REDDY MAJOR R/A NO.79 BYRASANDRA MAIN ROAD IST BLOCK, JAYANAGARA EAST BENGALURU-560 011 …RESPONDENTS (BY SRI S. V. HEGDE MULKHAND, ADVOCATE FOR R-1; V/C/O DATED 03/03/2023, NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.12.2022 PASSED IN MVC NO.4003/2021 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-11), 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 ORAL JUDGMENT Heard Ms.Nithya who appears physically before this Court and represents Sri.Prakash.M.H learned counsel on record for the appellant. Also heard Sri.S.V.Hegde Mulkhand learned counsel for respondent No.1 who appears through video conference. 2. The claimant in MVC No.4003/2021 which stood pending before the Motor Accident Claims Tribunal, Bengaluru and was disposed of through order dated 06.12.2022 is before this Court seeking enhancement in compensation. 3. As against the claim for Rs.20,00,000/- in total, the Tribunal through the impugned order held that the appellant is entitled to a sum of Rs.1,91,316/- as compensation. 4. Arguing the matter, learned counsel for the appellant submits that the appellant sustained multiple grievous injuries due to the accident. As per the evidence - 4 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 of PW2, the disability in respect of left arm is 47% and 16% to the whole body. The appellant as class I Electrical Contractor was earning huge sum by the date of accident. However, due to the disability, he is unable to do any work. But the Tribunal neither awarded justifiable sum towards loss of income during laid up period nor any compensation towards loss of future earnings. Therefore, the present appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 5. On the other hand, learned counsel for respondent No.1 states that there is no material on record to show that the appellant stopped his work as contractor after the accident. Learned counsel submits that the appellant who examined himself as PW1 during the course of cross-examination clearly stated that he is continuing his electrical work which itself goes to show that there is no loss of future earnings as contented. Learned counsel thereby seeks to pass the necessary orders. - 5 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 6. It is not in dispute that the appellant sustained fracture of left clavicle, fracture of left distal radius, fracture of left iliac spine and multiple rib fractures. Equally, it is not in dispute wthat the appellant underwent ORIF with plates and screws for left distal radius and he took extensive treatment. Though as contented by learned counsel for respondent No.1, the appellant continues his work in electric field, undoubtedly in the light of the nature of injuries sustained, he will face difficulty to work with full vigour and strength as before. As per the evidence of PW2, the appellant suffers with 16% disability in respect of whole body. However, though the appellant produced sufficient proof with regard to his earnings as on the date of accident, he failed to state in specific terms the loss he sustained due to diminish in his capability or capacity to work. Thus, considering the totality of facts and circumstances, this Court is of the view that globally a sum of Rs.1,00,000/- can be awarded towards loss of future earnings. Also this Court is of the view that the - 6 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 compensation granted towards loss of income during laid up period and towards food, extra nourishment and attendant charges is on lower side. The Tribunal granted a sum of Rs.1,600/- only towards food, extra nourishment and attendant charges and likewise Rs.30,000/- only towards loss of income during laid up period. A sum of Rs.10,000/- is required to be enhanced towards loss of income during laid up period and likewise, a sum of Rs.10,000/- is required to be enhanced for food, extra nourishment and attendant charges. Thus, the compensation which the appellant is entitled to receive in addition to the sum that is awarded by the Tribunal in toto is Rs.1,20,000/-. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal Bangalore through orders in MVC No.4003/2021 dated 06.12.2022 is enhanced by Rs.1,20,000/-. - 7 - HC-KAR NC: 2026:KHC:3720 MFA No. 1477 of 2023 (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:VC List No.: 1 Sl No.: 35