Karnataka High Court
Sri.Rafik Ahamed vs Sri.Mahabubsab on 20 February, 2026
-1-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.100761 OF 2020
C/W
MISCELLANEOUS FIRST APPEAL NO.100724 OF 2020,
MISCELLANEOUS FIRST APPEAL NO.100760 OF 2020
IN MFA NO.100761/2020:
BETWEEN:
SRI. RAFIK AHAMED S/O ABDUL SAB KHATIB,
AGE: 36 YEARS, OCC: MASON WORK,
R/O KADKOL VILALGE, TQ: SAVANUR,
DT: HAVERI-581118.
...APPELLANT
(BY SRI. B.M. PATIL, ADVOCATE)
AND:
1. SRI. MAHABUBSAB
S/O ALLABAKSH KANCHARGER,
AGE: MAJOR, OCC: BUSINESS,
R/O: LAXAR BAZAR, SAVANUR TOWN,
Digitally signed
by PIN CODE-581118. HAVERI DISTRICT.
MOHANKUMAR
B SHELAR (OWNER OF VEHICLE MAXI CAB NO.KA-36/1661)
Location: High
Court of 2. THE DIVISIONAL MANAGER,
Karnataka,
Dharwad Bench NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE 2ND FLOOR, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580023.
3. THE BRANCH MANAGER,
NATIONAL INSURANCE CO.LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P.B. ROAD, HAVERI-581110.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2 AND R3;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC
-2-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
NO.405/2018 DATED 04.12.2019 PASSED BY THE COURT OF ADDL.
SENIOR CIVIL JUDGE AND MACT AT HAVERI AND ALSO FIX THE
LIABILITY TO PAY COMPENSATION ON RESPONDENT NO.2 AND 3 I.E
INSURER OF THE OFFENDING VEHICLE IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA NO.100724/2020:
BETWEEN:
SMT. SHAMEEMBANU
W/O. ABDUL KHADER MOKASHI,
AGE: 36 YEARS, OCC: COOLIE WORK,
R/O: ALTAF NAGAR, HUBBALLI TOWN NO.132,
TQ. AND DT: DHARWAD-580024.
...APPELLANT
(BY SRI. B.M. PATIL, ADVOCATE)
AND:
1. SRI. MAHABUBSAB
S/O. ALLABAKSH KANCHARGAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: LAXAR BAZAR, SAVANUR TOWN,
PIN CODE-581118.
(OWNER OF VEHICLE MAXI CAB NO.KA-36/1661)
2. THE DIVISION MANAGER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580023.
3. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P. B. ROAD, HAVERI-581110.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2 AND R3;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC
NO.403/2018 DATED 04.12.2019 PASSED BY THE COURT OF ADDL.
SENIOR CIVIL JUDGE AND MACT AT HAVERI AND ALSO FIX THE
LIABILITY TO PAY COMPENSATION ON RESPONDENT NO.2 AND 3 I.E
INSURER OF THE OFFENDING VEHICLE IN THE INTEREST OF JUSTICE
AND EQUITY.
-3-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
IN MFA NO.100760/2020:
BETWEEN:
SRI. ABDUL KHADER MOKASHI
S/O BABAJAN MUKASHI,
AGE: 40 YEARS, OCC: COOLIE,
R/O: ALTAF NAGAR, HUBBALLI TOWN NO.132,
TQ. AND DT: DHARWAD-580024.
...APPELLANT
(BY SRI. B.M. PATIL, ADVOCATE)
AND:
1. SRI. MAHABUBSAB
S/O ALLABAKSH KANCHARGAR,
R/O: LAXAR BAZAR, SAVANUR TOWN,
TQ. & DIST. HAVERI, PIN CODE-581118.
(OWNER OF VEHICLE MAXI CAB NO.KA-36/1661)
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE 2ND FLOOR, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580023.
3. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P.B. ROAD, HAVERI-581110.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2 AND R3;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC
NO.404/2018 DATED 04.12.2019 PASSED BY THE COURT OF ADDL.
SENIOR CIVIL JUDGE AND MACT AT HAVERI AND ALSO FIX THE
LIABILITY TO PAY COMPENSATION ON RESPONDENT NO.2 AND 3 I.E
INSURER OF THE OFFENDING VEHICLE IN THE INTEREST OF JUSTICE
AND EQUITY.
THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD
AND RESERVED FOR JUDGMENT ON 09.02.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO
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MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
CAV JUDGMENT
1. These three appeals are filed by the claimants calling in question the common judgment and award dated 04.07.2020 passed by the Senior Civil Judge and MACT, Saundatti, in MVC Nos.403/2018, 404/2018 and 405/2018.
2. The facts, in brief, are that on account of a road traffic accident, the claimants' sustained injuries and filed claim petitions before the Tribunal seeking compensation. The Tribunal, after considering the oral and documentary evidence, partly allowed the claim petitions and awarded compensation. Being dissatisfied with the quantum of compensation awarded, the claimants have preferred these appeals seeking enhancement.
3. Learned counsel appearing for the appellants- claimants contends that the Tribunal has taken the monthly income of the claimant in MVC No.403/2018 at ₹7,000/-, which is on the lower side. It is submitted that as per the chart prepared by the Karnataka State Legal Services Authority for the year 2018, the notional income ought to have been taken at ₹10,250/- per month. It is further submitted that the Tribunal -5- MFA No.100761 of 2020 c/w MFA No.100724 of 2020, MFA No.100760 of 2020 has otherwise correctly assessed the age, disability and multiplier and therefore only enhancement under the head of loss of future income is sought in MFA No.100724/2020. In respect of MFA Nos.100760/2020 and 100761/2020, it is submitted that the compensation awarded is just and reasonable and no modification is sought.
4. Learned counsel for the respondent-insurance company supports the impugned judgment and award and submits that the Tribunal has properly appreciated the evidence on record and awarded just compensation. It is further contended that the liability, if any, is subject to the terms and conditions of the policy and appropriate orders may be passed in accordance with law.
5. I have carefully considered the submissions made on both sides and perused the records.
6. In so far as MFA No.100724/2020 arising out of MVC No.403/2018 is concerned, the Tribunal has assessed the age of the claimant at 35 years, disability to the whole body at 12% and adopted the multiplier of 16. These findings are based on the medical evidence and are not disputed. However, the Tribunal -6- MFA No.100761 of 2020 c/w MFA No.100724 of 2020, MFA No.100760 of 2020 has taken the monthly income at ₹7,000/-. As per the notional income chart prepared by the Karnataka State Legal Services Authority for the year 2018, the income is required to be taken at ₹10,250/- per month. Therefore, the loss of future income requires to be recalculated.
7. By taking the monthly income at ₹10,250/-, multiplier at 16 and disability at 12%, the loss of future income works out to ₹10,250 × 12 × 16 × 12% = ₹2,36,160/-. The Tribunal has awarded ₹1,61,280/- under this head. Therefore, the claimant is entitled for enhancement of ₹74,880/- under the head of loss of future income.
8. Under all other heads, the compensation awarded by the Tribunal is just and reasonable and does not call for interference. Accordingly, the total compensation in MVC No.403/2018 stands enhanced from ₹2,32,227/- to ₹3,07,107/-.
9. In so far as MFA Nos.100760/2020 and 100761/2020 arising out of MVC Nos.404/2018 and 405/2018 are concerned, the Tribunal has assessed the income, disability, multiplier and other heads of compensation based on the evidence on record. On re-appreciation of the material, this Court finds that the -7- MFA No.100761 of 2020 c/w MFA No.100724 of 2020, MFA No.100760 of 2020 compensation awarded is just and proper and does not warrant any interference. Hence, both these appeals are liable to be dismissed.
10. With regard to the liability, in view of the law laid down by the Hon'ble Supreme Court in National Insurance Co. Ltd. v. Swaran Singh & Others, reported in (2004) 3 SCC 297, even in cases of breach of policy conditions, the insurance company is required to satisfy the award in the first instance and thereafter recover the same from the owner of the offending vehicle. Accordingly, I proceed to pass the following:
ORDER
(i) MFA No.100724/2020 is allowed in part. The judgment and award passed by the Tribunal in MVC No.403/2018 is modified only to the extent of enhancement of compensation from ₹2,32,227/- to ₹3,07,107/- with interest at the rate awarded by the Tribunal from the date of petition till realization.
(ii) MFA Nos.100760/2020 and 100761/2020 are dismissed, confirming the judgment and award passed by the Tribunal in MVC Nos.404/2018 and 405/2018.-8-
MFA No.100761 of 2020 c/w MFA No.100724 of 2020, MFA No.100760 of 2020
(iii) The respondent-insurance company is directed to deposit the entire compensation amount along with accrued interest in all the three cases within a period of six weeks from the date of receipt of a certified copy of this judgment.
(iv) In view of the principles laid down in Swaran Singh's case, the respondent-insurance company shall pay the compensation amount to the claimants in the first instance and is at liberty to recover the same from the owner of the offending vehicle, in accordance with law.
(v) On such deposit, the Tribunal shall disburse the compensation amount to the claimants in accordance with law.
(vi) No order as to costs.
Sd/-
(DR. K.MANMADHA RAO) JUDGE Rsh, CT:VP