Karnataka High Court
Sri. Chandrashekar vs Sri. Fayazuddin K S on 4 August, 2025
-1-
NC: 2025:KHC:30065
MFA No. 5601 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 5601/2018 (MV-I)
BETWEEN:
SRI. CHANDRASHEKAR,
S/O LATE MAHADEVAPPA,
AGED ABOUT 30 YEARS,
DRIVER, R/O HIREKANDANVADI VILLAGE
HOLALKEERE TALUK,
NOW R/A C/O CHANDRAPPA'S HOSUE,
OPPOSTIE MECCA MAZEED,
NEHUR NAGAR CROSS ROAD,
HOLALKERE ROAD,
CHITRADURGA-577 501.
...APPELLANT
(BY SRI. K T PREMALATHA., ADVOCATE)
AND:
1. SRI. FAYAZUDDIN K S,
S/O SIRAJUDDIN M K,
Digitally SMST TRANSPORT,
signed by BADA MAKAN, HORPET,
MADHURI S CHITRADURGA TOWN,
Location: OWNER OF THE LORRY
High Court BEARING REGN NO.KA-16-A7742.
of Karnataka
2. M/S RELIANCE GENERAL INSURANCE CO. LTD.,
REPRESENTED BY ITS
BRANCH MANAGER,
NO.1 AND 2, 1ST FLOOR,
MAGANUR COMMERCIAL COMPLEX,
B D ROAD,
CHITRADURGA TOWN-577 501.
...RESPONDENTS
-2-
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MFA No. 5601 of 2018
HC-KAR
(BY SRI. ASHOK N PATIL., ADVOCATE FOR R2,
V/O DTD:03.12.2018 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED: 17.03.2018 PASSED IN MVC
NO.819/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE & CJM, CHITRADURGA, 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:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 17.03.2018 passed in MVC
No.819/2015, by Prl.Senior Civil Judge and CJM
Chitradurga, for enhancing the compensation.
2. Heard the arguments of the learned counsel for
the appellant and learned counsel for respondent No.2-
Insurance Company. Notice to respondent No.1 is
dispensed with.
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HC-KAR
3. The petitioner/injured claimant had filed petition
before the tribunal for compensation of Rs.25,00,000/-.
The trial Court considering the entire evidence on record
granted an amount of Rs.2,20,500/- with interest at the
rate of 9% p.a., from the date of filing the petition till the
date of realisation. Aggrieved by the said order, this
appeal is filed.
4. Learned counsel for the appellant contended that
the appellant was the driver aged 27 years and earning
Rs.20,000 to 25,000 per month and due to the accidental
injuries suffered permanent disability and lost his future
earning capacity.
5. To prove his case, the appellant before the
tribunal examined PW1 and PW2 and marked Exs.P1 to P8.
As per Ex.P7-Disability certificate, appellant sustained
injury of open comminuted fracture right tibia distal third
with fracture upper third right fibula. He was admitted on
09.08.2014 and discharged on 16.08.2014. On
21.02.2017, there was tenderness over the lower third of
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the right tibia. As per Ex.P7, wound certificate, he has
difficulty in climbing stairs, squatting on floor, sitting
crossed legged and kneeling. As per the x-ray dated
21.02.2017, there was malunited fracture of both bones
lower third right tibia with nail and screws in situ and
malunited fracture upper third fibula. As such, the
disability was assessed as 27%, to his right lower limb.
However, the trial court erred in taking 9% permanent
disability. It is further stated, that income was also
wrongly taken as Rs.7,000/- per month. The amount of
Rs.35,000/- granted for pain and suffering is less, as he
took treatment for more than 6 months. The other
expenses granted are also not proper. Therefore,
requested for enhancement.
6. As per the evidence of PW2 and disability
certificate, he sustained 27% of disability to the right
lower limb and 1/3rd of 27% was taken as sole body
disability and it was rightly taken as 9%. This court finds
no reason to interfere with the said disability. The injured
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was 27 years old, lorry driver. The accident occurred in the
year 2014. As per the guidelines of Karnataka State Legal
Services Authority, the income of appellant to be taken as
Rs.8,500/- per month instead of Rs.7,000/-.
7. Therefore, Rs.8,500 x 12 x 17 x 9 % =
Rs.1,56,060/- is granted towards loss of income. The
amount granted towards pain and suffering is
Rs.35,000/- and loss of amenities is Rs.25,000/- and
future medical expenses is Rs.15,000/- (by mistake it
was typed as Loss of academic year education) and they
need no interference. Loss of income is enhanced from
Rs.14,000/- to Rs.25,300/-. Transportation, extra
nourishment and attendant charges, is increased from
Rs.3,000/- to Rs.30,000/-.
8. Thus in all, components awarded by this court
are as below,
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HC-KAR
Particulars Amount
in Rs.
Loss of future income 1,56,060.00
Pain and suffering 35,000.00
Loss of amenities 30,000.00
Food and nourishment 30,000.00
Loss of income during laid 25,300.00
down period
Future medical expenses 15,000.00
Total 2,86,360.00
Hence, the appellant-claimant is entitled for a total
enhanced compensation of Rs.2,86,360/- along with
interest at the rate of 9% p.a.
9. In the result, the following order is passed:
ORDER
i. Appeal is allowed in part.
ii. The judgment and award dated
17.03.2018 passed in MVC No.819/2015,
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HC-KAR
by Prl. Senior Civil Judge and CJM
Chitradurga, is modified;
iii. The claimant is entitled to a sum of
Rs.2,86,360/- along with interest at 9%
p.a asfrom the date of petition till the date
of realization, instead of Rs.2,20,500/-
granted by the tribunal.
iv. Respondent No.2 is directed to deposit the
amount within one month from the date of
this order on such deposit and
v. Petitioner is permitted to withdraw the
entire amount along with interest accrued
on the same.
Sd/-
(P SREE SUDHA)
JUDGE
AKV
