Karnataka High Court
Smt.Alfiya @ Afriya Aam Shaikh vs Malikith Singh on 3 November, 2025
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NC: 2025:KHC-D:14918
MFA No. 100407 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 100407 OF 2016 (MV-I)
BETWEEN:
SMT. ALFIYA @ AFRIYA AAM SHAIKH,
AGED: 23 YEARS,
OCC: HOUSEHOLD/TAILOR,
R/O: VIDYANAGAR,
YELLAPUR ROAD,
SIRSI.
...APPELLANT
(BY SRI. NARAYAN V. YAJI, ADVOCATE)
AND:
1. MALIKITH SINGH
GIRIJA A.
BYAHATTI S/O MAHENDRA SINGH,
Digitally signed by
GIRIJA A. BYAHATTI
AGE: MAJOR,
Location: HIGH
COURT OF
KARNATAKA
OCC: OWNER,
DHARWAD BENCH
DHARWAD
PLOT ON.1103,
ROAD NO.12,
KWC STEEL MARKET,
KOLUMBALLI,
TQ: PANAVEL,
RAIGAD DISTRICT,
NAVI MUMBAI DIST: THANE,
MAHARASTRA-410-218.
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NC: 2025:KHC-D:14918
MFA No. 100407 of 2016
HC-KAR
2. THE DIVISIONAL MANAGER,
THE NEW INDIA INSURANCE,
SANTAKRUZ,
MUMBAI.
...RESPONDENTS
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE
RECORDS AND TO MODIFY THE JUDGMENT AND AWARD DATED
23.03.2015 PASSED BY THE ADDITIONAL MACT., SIRSI IN
M.V.C. No.36/2013 BY ALLOWING THE APPEAL ENHANCING THE
COMPENSATION AS PRAYED IN THE PETITION AND TO PASS
SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT
DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF THE CASE
INCLUDING THE COST IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR DISMISSAL THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14918
MFA No. 100407 of 2016
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Narayan V.Yaji, learned counsel for the appellant. No representation on respondents' side on call.
2. This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Sirsi (hereinafter referred to as 'the Tribunal' for brevity) in M.V.C. No.36/2013 dated 23.03.2015. This is a claimant's appeal.
3. The only grounds that were urged by learned counsel for the appellant during the course of his submission are in respect of grant of meager sum towards loss of income during laid up period and the sum awarded towards future medical expenses. Learned counsel submits that the appellant sustained grievous injuries in a road traffic accident and she took extensive treatment. The -4- NC: 2025:KHC-D:14918 MFA No. 100407 of 2016 HC-KAR appellant as a Tailor was earning Rs.5,000/- per month. The appellant was bed ridden for more than 4 months. However, the Tribunal granted a sum of Rs.9,000/- only towards loss of income during laid up period. Learned counsel also submits that the appellant has to undergo another surgery which requires lot of money. But the Tribunal awarded a sum of Rs.50,000/- only towards future medical expenses.
4. The appellant succeeded in establishing that she sustained fracture of left orbital floor which is grievous in nature. She also established that she took treatment as inpatient for a period of 8 days. The appellant also established that apart from grievous injury sustained, she sustained two other simple injuries. Having considered the nature of injury sustained that is fracture of left orbital floor, this Court is of the view that the appellant would have taken bed rest at least for a period of 3 months. Though learned counsel for the appellant states that the appellant requires more than Rs.50,000/- towards future medical expenses, no substantive proof to that effect is produced. -5-
NC: 2025:KHC-D:14918 MFA No. 100407 of 2016 HC-KAR Therefore, this Court is of the view that in all the appellant is entitled to an additional sum of Rs.10,000/-. 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 Additional Motor Accident Claims Tribunal, Sirsi through orders in M.V.C. No.36/2013 dated 23.03.2015 is enhanced by Rs.10,000/-.
(iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 232 days as per orders in I.A. No.1/2016.
(iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight -6- NC: 2025:KHC-D:14918 MFA No. 100407 of 2016 HC-KAR weeks from the date of receipt of certified copy of this judgment.
(v) On such deposit, the appellant is permitted to withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 16