- 1 - HC-KAR NC: 2026:KHC:1078 MFA No. 5330 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5330/2025 (MV-I) BETWEEN: MR. PRADIP KUMAR MAHOTO @ PRADEEP S/O TAPAN KUAMR MAHATO AGED ABOUT 24 YEARS, R/AT SHIVANAHALLI VILLAGE, RAGIHALLI POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DIST. PERMANENT ADDRESS CHITRA VILLAGE, PRABHAPARI POST, KASHIPURA, THANA, PURULIYA DISTIRCT, WEST BENGAL – 723 130. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: THE MANAGING DIRECTOR, BMTC, K.H. ROAD, SHANTHI NAGARA, BENGALURU- 560 027. (REGISTERED OWNER OF BUS NO. KA-01-F-8880) …RESPONDENT (BY SMT. NIRMMALA S., ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 02.04.2025 PASSED IN MVC NO.8440/2023 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1078 MFA No. 5330 of 2025 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 against the judgment and award dated 02.04.2025 passed by II Additional Small Causes Judge, ACJM and Member-Motor Accident Claims Tribunal, Bengaluru, in MVC No.8440 of 2023. 2. The injured claimant, aged 22 years, met with an accident on 06.11.2023, and filed a claim application claiming compensation of Rs.10,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.2,92,105/- with interest at the rate of 6% per annum from the date of petition till deposit. 3. Aggrieved by the said order, this appeal is preferred by the claimant in which it is contended that he was inpatient for 6 days and the compensation granted under the other heads are meagre. It is contended that he examined the doctor as P.W.3, who assessed the mild disability as 40% and - 3 - HC-KAR NC: 2026:KHC:1078 MFA No. 5330 of 2025 functional disability as 9% disability is pertaining to the whole body, but the Tribunal erred in taking only 5% disability. It is further contended that compensation for loss of marriage prospects and future medical expenses is not granted, and interest is to be granted at higher rate. 4. Learned counsel of the respondent-BMTC contended that P.W.3 is not a treated doctor and as such, the Tribunal has rightly taken 5% disability and therefore, it needs no interference. 5. Heard the arguments of both sides. 6. Petitioner-claimant has stated that he was aged 22 years at the time of accident, working as Adventure Executive/Security at RDS Nature Retreat Resorts, Anekal Taluk, Bengaluru, earning Rs.25,000/- per month and he filed Exhibit P10-salary certificate to that effect, but he has not examined the author of the document Exhibit P10. As the petitioner met with an accident in the year 2023, the Tribunal has rightly taken his notional income as Rs.16,000/- per month as per the chart prepared by Karnataka State Legal Services Authority and it needs no interference. Since the petitioner was - 4 - HC-KAR NC: 2026:KHC:1078 MFA No. 5330 of 2025 aged 22 years at the time of accident, the multiplier applicable is 18. 7. Petitioner sustained head injury with right temporal EDH and left frontal contusion and other injuries. He was hospitalized for a period of 6 days. He examined the doctor as P.W.3 and the doctor stated that petitioner sustained injuries to his head and was in altered sensorium and at the time of admission he had BCS of E2V5M6. CT brain revealed right temporal extra axial hemorrhage and left temporal contusion. On 07.11.2023 petitioner underwent right temporal craniotomy and evacuation of extra dural hematoma and on 09.11.2023, he underwent left frontal craniotomy and evacuation of hematoma. At the time of discharge his GCS was E2V4M5, and assessed the total disability as 10%. But, the Tribunal has taken functional disability only as 5% without any basis. Therefore, this Court finds it reasonable to take the disability as 10% based on the evidence of the doctor. Thus, the loss of future earning capacity comes to Rs.3,45,600/- (Rs.16,000 x 12 x 18 x 10%). The Tribunal has granted Rs.32,305/- towards medical expenses and it needs no interference. This Court finds - 5 - HC-KAR NC: 2026:KHC:1078 MFA No. 5330 of 2025 it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The Tribunal has granted Rs.32,000/- towards loss of income during laid up period and it needs no interference. 8. Thus, in all, the petitioner-claimant is entitled for the compensation of Rs.5,19,905/- with interest at 6% per annum as against Rs.2,95,105/- awarded by the Tribunal. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 3,45,600/- 2. Medical expenses 32,305/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 30,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 32,000/- Total 5,19,905/- - 6 - HC-KAR NC: 2026:KHC:1078 MFA No. 5330 of 2025 10. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.5,19,905/- with interest at 6% per annum from the date of petition till the date of realization. (iii) Respondent-BMTC is directed to deposit the aforesaid compensation within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 79