- 1 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.857/2020 (MV-I) BETWEEN: SRI. ARUNKUMAR .D ALIAS ARUNKUMAR KOTHARI S/O DHARM CHAND R/AT NO.76/89 SRI. SAIDHAMA APARTMENT 10TH CROSS, MALLESHWARAM BENGALURU 560010. …APPELLANT (BY SRI. KUMARA K.G. ADV.,) AND: THE MANAGING DIRECTOR KSRTC, K.H. ROAD SHANTHINAGARA, BENGALURU 560027. …RESPONDENT (BY SRI. ASHOK KUMAR M, ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 31.12.2018, PASSED IN MVC NO.8100/2016, ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX ACMM., AND MEMBER, MACT, BENGALURU, 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: Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 31.12.2018 passed in MVC.No.8100/2016 by the XXII Additional Small Causes Judge & XX Additional Chief Metropolitan Magistrate & Member, MACT, Bengaluru, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Kumara K.G., learned counsel appearing for the appellant-claimant submits that the Tribunal has erred in not assessing the disability of the claimant-injured. It is submitted that the injured-claimant has examined himself as PW1 and also examined Dr.Shashikanth as PW3 and produced sufficient evidence before the Tribunal to substantiate the disability, however, the Tribunal has not - 3 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 awarded any compensation towards loss of income due to physical disablement. Hence, he seeks to re-assess the same by allowing the appeal. 4. Per contra, Sri.Ashok Kumar M., learned counsel appearing for the respondent-corporation supports the impugned judgment and award of the Tribunal and submits that the Tribunal has clearly recorded its finding at para No.16 and held that the income of the injured has substantially increased after the accident, hence, there cannot be any award of compensation under the head of loss of income due to disability. It is further submitted that the appellant-claimant has sustained two fractures which has been noted by the Tribunal in its finding and came to a clear conclusion that the appellant is not entitled for any compensation under the head of loss of income due to physical disability. It is also submitted that award of compensation by the Tribunal on all other heads is on the higher side, which does not call for any interference. Hence, he seeks to dismiss the appeal. - 4 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 5. I have heard the arguments of the learned counsel appearing on both sides and meticulously perused the material available on record including the Tribunal records. 6. The parties to the proceedings does not dispute that in a road accident dated 21.03.2016, the appellant sustained injuries and he was provided treatment. It is also not in dispute that the appellant was in-patient for a period of 18 days in two different hospitals i.e., initially at Srinivasa Hospital and thereafter at Columbia Asia Hospital, Bengaluru and provided treatment. The evidence on record clearly indicates that the appellant has sustained following injuries: "1. Avulsed lacerated wound present over the left lower leg 7cm X 4 cm bone deep exposing muscles and bone. 2. Multiple punctured wound present left leg. 3. Fracture of distal end of right clavicle. 4. Fracture of left fibula-bone (left leg). 5. Compartment syndrome-left leg." - 5 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 7. To substantiate the loss of income due to disability, the appellant-claimant examined himself as PW1 and also examined Dr.Shashikanth as PW3. In order to prove the disability, he has produced the documentary evidence as per Exs.P9 to P14. The Tribunal, considering the oral and documentary evidence, has recorded the finding at para No.18 that PW-3 has opined that the appellant has suffered disability to an extent of 14.15%. However, the Tribunal has recorded the finding in the previous paragraph at para No.16 that the income tax returns produced by the appellant-claimant at Ex.P20 clearly indicates that after the accident, the income of the appellant is not reduced, however, it has increased. The material on record indicates that the appellant is assisting his father in the business. Taking note of the aforesaid aspects, I do not find any error in the findings recorded by the Tribunal in rejecting the claim for award of compensation under the head of loss of income due to physical disablement. - 6 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 8. Considering the nature of injury suffered by the appellant and the award of compensation by the Tribunal, I am of the view that the interest of justice would be met if the appellant-claimant is awarded an additional compensation of Rs.25,000/- in addition to what has been awarded by the Tribunal. Accordingly, an additional compensation of Rs.25,000/- is awarded to the appellant- claimant globally without interest. 9. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent-corporation shall deposit the additional compensation of Rs.25,000/- before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. On such deposit, the additional compensation of Rs.25,000/- shall be released in favour of the appellant-claimant. Registry to draw modified award accordingly. - 7 - HC-KAR NC: 2026:KHC:13242 M.F.A. No.857/2020 Registry to return the records to the Tribunal forthwith. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 21