- 1 - HC-KAR NC: 2026:KHC:6592 MFA No. 1676 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1676 OF 2023(MV-I) BETWEEN: SHANTHACHAR S/O LATE CHANNACHAR, AGED ABOUT 50 YEARS, R/O HANCHURU VILLAGE, KUNDURU HOBLI, ALUR TALUK, HASSAN DISTRICT-573201 PRESENTLY RESIDING AT: C/O MANJUNATHA, 9TH CROSS, KUVEMPU NAGAR, HASSAN-573201. …APPELLANT (BY SRI. CHETHAN B., ADVOCATE) AND: 1. PUNITH C. P., S/O LATE PUTTACHAR, AGED ABOUT 32 YEARS, GOLDSMITH, R/O PETE BEEDI, BEHIND VEERABHADRA SWAMY TEMPLE, BAGUR ROAD, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6592 MFA No. 1676 of 2023 C R PATNA TOWN, HASSAN DISTRICT-571236. 2. THE MANAGER UNITED INDIA INSURANCE CO LTD., VENKATESHWARA BUILDING, B M ROAD, HASSAN-573201. …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2; V/O. DATED 16.03.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2022 PASSED IN MVC NO.1346/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MEMBER, ADDITIONAL M.A.C.T., HASSAN, 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:6592 MFA No. 1676 of 2023 ORAL JUDGMENT Heard Sri.Chetan B., learned counsel for the appellant as well as Sri.A.M. Venkatesh, learned counsel for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Hassan, through orders in MVC No.1346/2021, the claimant therein filed the present appeal. The appellant sought the tribunal to award a sum of ₹50,00,000/- as compensation. The tribunal through the impugned order held that appellant is entitled to a sum of ₹29,56,600/- only as compensation. 3. Arguing the matter, learned counsel for the appellant submits that due to the injuries sustained, appellant is left with Paraplegia and the functional disability as assessed by PW2 is 100%. Appellant as a Carpenter and agriculturist was earning huge sum by the date of accident. Due to Paraplegia, his lower limbs became non functional and thereby he is confined to bed. - 4 - HC-KAR NC: 2026:KHC:6592 MFA No. 1676 of 2023 He has to lead the rest of his life bed ridden and for every small need and necessity he is required to take the assistance of an attendant. Learned counsel submits that the tribunal though considered the disability in respect of whole body as 100%, failed to add future prospects. Learned counsel also states that the compensation granted under all heads is on lower side. Learned counsel thereby seeks to award the sum claimed. 4. On the other hand, learned counsel for respondent No.2 submits that the tribunal taking into consideration each and every aspect of the case awarded justifiable sum. However, in the light of the submission that is made by learned counsel for the appellant, the appeal can be disposed of by adding future prospects. 5. As rightly put-forth, the tribunal ought to have added future prospects, however it did not do so. By all the evidence produced it is clear that appellant was aged around 51 years as on the date of accident. Thus, as per the decision of the Hon'ble Apex Court, in the case of - 5 - HC-KAR NC: 2026:KHC:6592 MFA No. 1676 of 2023 National Insurance Company Limited v. Pranay Sethi and Others reported in (2017) 16 SCC 680, 10% of the earnings are required to be added towards future prospects. Thus, on adding 10% towards future prospects and without disturbing the other parameters i.e. national income as ₹15,000/-, applying multiplier '11', and disability in respect of whole body as 100%, the compensation which the appellant is entitled to receive towards loss of future earnings comes to ₹21,78,000/- (15,000x12+10%x11). The tribunal granted a sum of ₹19,80,000/- only under the said head. Thus, the enhancement will be ₹1,98,000/- (₹21,78,000/- - ₹19,80,000/-). 6. As rightly put-forth, the compensation granted towards pain and suffering, food and nourishment charges and future medical expenses are on lower side. Likewise, the tribunal failed to award any compensation towards the expenditure which appellant would have incurred for transportation. Hence, taking into consideration all these - 6 - HC-KAR NC: 2026:KHC:6592 MFA No. 1676 of 2023 aspects and in the light of the foregoing discussion that appellant is entitled to an additional sum of ₹1,98,000/- towards loss of future earnings, this Court considers desirable to award a sum of ₹3,00,000/- in total in addition to the sum that is awarded by the tribunal as compensation, so that the total sum which appellant receives will be justifiable. 7. Hence, appeal is disposed of with the following: ORDER i. Appeal is allowed in part. ii. Compensation that is granted by the Motor Accident Claims Tribunal, Hassan, through orders in MVC No.1346/2021 dated 13.12.2022 is enhanced by ₹3,00,000/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 7 - HC-KAR NC: 2026:KHC:6592 MFA No. 1676 of 2023 iv. Respondent No.2 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 AP CT:TSM List No.: 1 Sl No.: 32