Karnataka High Court
Yousuf S/O Abdul Razzak vs Kalyanrao And Anr on 5 November, 2025
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NC: 2025:KHC-K:6549
MFA No. 202654 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202654 OF 2019 (MV-I)
BETWEEN:
YOUSUF S/O. ABDUL RAZZAK,
AGE: 29 YEARS, OCC: SKILED WORK,
CONSTRUCTION OF BUILDING, NOW NIL,
R/O: MALEGAON, TQ: & DIST: BIDAR-584101.
...APPELLANT
(BY SRI. BABU H METAGUDDA,ADVOCATE)
AND:
1. KALYANRAO
S/O. HANUMANTHRAO,
AGE: MAJOR, OCC: BUSINESS,
Digitally signed R/O: H.NO. 9-12-95,
by SUMITRA GURU NAGAR COLONY, BIDAR-584101.
SHERIGAR
Location: HIGH 2. THE MANAGER
COURT OF
KARNATAKA SHRIRAM GENERAL INSURANCE CO. LTD.,
BRANCH OFFICE NO. 302, 3RD FLOORS & S CORNER,
BUILDING FLOWER PLOT NO. 48, HOSPITAL ROAD,
OPP: BOWRING LADY CURZON HOSPITAL,
SHIVAJI NAGAR, BANGALORE-585101.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O. DATED 07.01.2021, NOTICE TO R1 D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) CALL FOR THE RECORDS IN MVC NO.572/2015 ON THE FILE
OF THE ADDL. MACT AND PRL. SENIOR CIVIL JUDGE AND CJM
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NC: 2025:KHC-K:6549
MFA No. 202654 of 2019
HC-KAR
AQT BIDAR. B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 18.07.2018 PASSED IN MVC
NO. 572/2015 BY ADDL. MACT AND PRL. SENIOR CIVIL JUDGE
AND CJM AT BIDAR AND ENHANCING THE COMPENSATION
FROM 8,59,694/- WITH 6% INTEREST TO RS. 20,00,000/-
WITH 12% INTEREST.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is preferred by the claimant against the Judgment and award dated 18.07.2018 in MVC No.572/2015 by the Additional MACT and Principal Senior Civil Judge and CJM, Bidar (for short 'the tribunal') seeking enhancement of the compensation.
2. The injured claimant filed claim petition before the tribunal seeking compensation of Rs.20,00,000/- along with interest at the rate of 18% per annum. The tribunal after considering the entire evidence on record, awarded sum of Rs.8,59,694/- along with interest at the rate of 9% per annum from the date of petition till the date of realization. Aggrieved by the said Judgment and award, the claimant preferred the present appeal and mainly contended -3- NC: 2025:KHC-K:6549 MFA No. 202654 of 2019 HC-KAR that, the amounts granted under the Judgment and award are adequate.
3. It is stated that, the claimant was earning a sum of Rs.24,000/- by labour work and he was 25 years as on the date of the accident. The Doctor assessed the disability at 42% to the right limb, but the tribunal considered 20%. Since the claimant is a skilled labourer, he cannot do labour work after the accident and thus, the functional disability is to be taken at 100%. Further learned counsel for the claimant/appellant submits that, the amounts granted under different heads are meager and therefore, requests for enhancement of the compensation.
4. Though the claimant has stated that, he was earning a sum of Rs.24,000/- he has not produced any income proof. He met with accident on 06.02.2015. As per the guidelines of the Karnataka State Legal Services Authority, for the year 2015, his income is to be taken at Rs.8,000/- per month. The claimant has produced wound certificate marked at Ex.P.4. The wound certificate shows -4- NC: 2025:KHC-K:6549 MFA No. 202654 of 2019 HC-KAR that, the claimant suffered crush injuries to right anke measuring 10X6 cm cut and lacerated injuries to right leg measuring 4X3 and 4X2 cm, compound fracture of tibia and fibula, degloving right ankle and fracture of 2nd and 4th metatarsal of right foot. The claimant has not produced the X-ray report. As per the disability certificate marked at Ex.P.19, the Doctor observed that, the claimant suffered healed operative sca over right leg and foot tenderness present antalgic gait present shortening of 2 cms present. As per the Radiology report dated 06.01.2018 there is malunited fracture of tibia and fibula. Considering the above aspects, this Court finds it reasonable to consider the disability at 25% instead of 20%. Hence, the loss of future earning capacity be as under:
Rs.8,000/- X 12 X 15 X 25% = Rs.3,60,000/-.
5. The tribunal awarded a sum of Rs.4,12,694/- towards medical expenses which needs no interference. The claimant was hospitalized for 15 days. Considering the nature of injuries, occupation of the claimant and other -5- NC: 2025:KHC-K:6549 MFA No. 202654 of 2019 HC-KAR relevant factors, this Court finds it reasonable to grant a sum of Rs.75,000/- towards pain and sufferings. A sum of Rs.25,000/- towards loss of amenities and a sum of Rs.48,000/- towards loss of income during laid up period is already awarded by the tribunal, hence, needs no interference. This Court finds it reasonable to award a sum of Rs.30,000/- towards transportation, extra nourishment and attendant charges. Hence, the total compensation would be as under:
Sl.No. Heads of compensation Amount 1 Loss of future income Rs.3,60,000/- 2 Pain and sufferings Rs.75,000/- 3 Loss of amenities Rs.25,000/- 4 Loss of income during laid up Rs.48,000/-
period 5 Transportation, extra Rs.30,000/-
nourishment and attendant charges 6 Medical expenses Rs.4,12,694/-
Total Rs.9,50,694/-
6. The claimant is entitled for total compensation of Rs.9,50,694/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, as against Rs.8,59,694/- awarded by the tribunal. -6-
NC: 2025:KHC-K:6549 MFA No. 202654 of 2019 HC-KAR
7. Learned counsel for the Insurance company submits that, the Insurance company has deposited the compensation amount along with interest awarded by the tribunal.
8. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled for total compensation of Rs.9,50,694/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, as against Rs.8,59,694/- awarded by the tribunal;
(iii) The Insurance company is directed to deposit the enhanced compensation of Rs.91,000/-
along with interest within a period of one month from the date of this petition;
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(iv) On such deposit, the claimant is permitted to withdraw the entire compensation amount along with interest accrued on it.
sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 30