- 1 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5077/2024 (MV-I) BETWEEN: SRI V P SUBRAMANIAN, S/O V. N. PARASURAMA IYER, AGED ABOUT 75 YEARS, R/AT NO 723/2, NEW NO 6, 18TH MAIN, OPP. M. S. RHYTHM APTS, HAL 2ND STAGE, BENGALURU-560 008. …APPELLANT (BY SRI. P MAHADEVASWAMY., ADVOCATE) AND: 1. THE MANAGER, ICICI LOMBARD GENERAL INS. CO. LTD, NO. 121, 9TH FLOOR, THE ESTATE BUILDING, DICKENSON ROAD, M.G. ROAD, BENGALURU-560 001. 2. SRI. SUBRAMANYA, S/O KRISHNAMURTHY. L., R/AT. NO 108, 10TH CROSS, 1ST STAGE, INDIRANAGAR, BENGALURU-560 038. …RESPONDENTS (BY SRI. P S JAGADISH., ADVOCATE FOR R1, V/O DTD:29.08.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.12.2023 PASSED IN MVC NO.6680/2022 ON THE FILE OF THE I ADDITIONAL SMALL Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 CAUSE JUDGE AND ACMM, MACT, BENGALURU, (SCCH-11), 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.12.2023 passed in MVC No.6680/2022 on the file of the I Additional Small Cause Judge and ACMM, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured/claimant aged 73 years met with an accident on 29.06.2022 and filed claim petition claiming compensation of Rs.50 lakhs. The Tribunal considering the entire evidence on record granted an amount of Rs.8,38,560/- along with interest at the rate of 6% per annum from date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he was admitted in the hospital for 20 days, 12 days and 58 days at different intervals and also he underwent more than 3 surgeries. The doctor assessed the disability as 50% to the right lower limb and 25% to the whole body. But it was not considered by the Tribunal and no amount was granted under the head Loss of future earnings, as he is a pensioner. He was working as an accountant at TolSol Adviosry LLP and was earning Rs.25,000/- per month. As per Ex.P10 certificate issued by the said company, he was getting a pension of Rs.30,000/-. The amount granted in the other head is meager. Therefore, requested for enhancement of the compensation. 5. Learned counsel for respondent contended that the claimant is pensioner and was getting pension regularly even after he met with an accident, as such the Tribunal rightly not granted any amount under the head loss of future earnings and it needs no interference. He has not filed any document to show that he was further working and was earning any amount. - 4 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 6. Admittedly, petitioner was a pensioner and getting pension of Rs.30,000/- per month. It is not his case that he was working and earning any additional amount after the retirement. He met with an accident in the year 2022 and as he was aged 73 years, the multiplier is to be taken as ‘5’. As per the evidence of the doctor, petitioner has sustained unstable pertrochanteric fracture right proximal femur, paralytic ileus, pelvic ring and symphysis pubis diastalsis and underwent CRIF with PFN right peritroclauteric and later discharged. The doctor has gone through wound certificate and discharge summary and as per the X-rays, he found that there is united 2 fractures and finally assessed the disability as 50% to the pelvis and right lower limb and 25% to the whole body. Hence, 1/3rd of 50% comes to 17%. The doctor stated that he requires another surgery for removal of the implants and it costs around Rs.40,000/-. Merely because he was a pensioner, the finding of the Tribunal that he is not entitled for loss of future earnings is patently erroneous and is set aside. As the petitioner met with an accident in the year 2022 the notional income as per the chart prepared by the Karnataka State Legal Services Authority comes to Rs.15,500/- and hence loss of future earnings - 5 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 Rs.15,500 x 12 x 5 x 17%= Rs.1,58,100. The Tribunal granted Rs.6,40,360/- towards medical expenses as per the available material before the tribunal and it needs no interference. The petitioner was granted Rs.55,000/- towards pain and suffering, Rs.50,000/- towards future amenities and Rs.23,200/- is granted towards food, extra nourishment and medical attendant and it needs no interference. The petitioner might not have attended any other work at least for a period of 3 months. Therefore, 15,500 x 3 = Rs.46,500 is granted under the head loss of income during laid up period. Also, Rs.30,000/- is granted towards future medical expenses and Rs.10,000/- is granted towards conveyance. 7. Thus in all, components awarded by this court are as below, Particulars Amount in Rs. Towards loss of future income 1,58,000 Towards pain and suffering 55,000 Towards Medical expenses 6,40,360 - 6 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 The compensation is enhanced from Rs.8,38,560/-granted by the tribunal. Rs.10,13,160/-. 8. In the result, the following order is passed: i. Appeal is allowed in part. ii. The judgment and award dated 01.12.2023 passed in MVC No.6680/2022 on the file of the I Additional Small Cause Judge and ACMM, MACT, Bengaluru,u, is modified. iii. The claimants are entitled to a sum of Rs. 10,13,160/- along with interest at 6% p.a., from the date of petition till the date of Towards food, extra nourishment and medical attendant 23,200 Towards loss of income during laid up period 46,500 Towards loss of amenities 50,000 Towards future medical expenses 30,000 Towards conveyance 10,000 Total 10,13,160 - 7 - HC-KAR NC: 2026:KHC:1761 MFA No. 5077 of 2024 realization, instead of Rs.8,38,560/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.1,74,600/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 92