Karnataka High Court
Mr. Rashidul vs Mr. Syed Asif on 2 July, 2025
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NC: 2025:KHC:23543
MFA No. 4649 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 4649 OF 2016 (MV-I)
BETWEEN:
MR. RASHIDUL
HAQUE @ RASHID,
S/O IBRAHIM MIAH,
AGE:22 YEARS,
OCC:LOADER & UNLOADER,
R/O DEVANHAT,
DEVANHATMOAMARI,
KOTWADI, COOCH BEHAR-736134.
APPELLANT
(BY SRI. SURESH M LATUR.,ADVOCATE)
AND:
1. MR. SYED ASIF,
Digitally S/O SYED AMEER,
signed by R/O NO.89, 2ND CROSS,
NIRMALA ROSHAN NAGAR, MYSORE ROAD,
DEVI BENGALURU-560026.
Location: 2. THE MANAGER,
HIGH COURT UNITED INDIA INS CO LTD,
OF REGIONAL OFFICE,
KARNATAKA 5TH & 6TH FLOOR, KRISHI BHAVAN,
NRUPATHUNGA ROAD,
HUDSON CIRCLE,
BENGALURU-560002.
RESPONDENTS
(BY SRI. PB RAJU., ADVOCATE FOR R2
NOTICE TO R1 IS DISPENSED WITH)
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NC: 2025:KHC:23543
MFA No. 4649 of 2016
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 1.4.2016 PASSED IN MVC
NO.4478/2014 ON THE FILE OF THE 9TH ADDITIONAL SMALL
CAUSES JUDGE, 34TH ACMM, COURT OF SMALL CAUSES, MEMBER,
MACT-7, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
AND ETC,.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeal is filed by the claimant under Section
173(1) of the Motor Vehicles Act, 19881 challenging the
judgment and award dated 01.04.2016 passed in
MVC.No.4478/2014 by the IX Additional Small Causes and
Additional MACT, Bangalore (SCCH-7)2 seeking for
enhancement of compensation.
2. For the sake of convenience, the parties herein are
referred as per their rank before the Tribunal.
Hereinafter referred as to 'Act'
Hereinafter referred as to 'Tribunal'
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3. The Tribunal vide its judgment and award dated
01.04.2016 has partly allowed the claim petition and awarded a
total compensation of `3,11,300/- together with interest at 8%
per annum. Being aggrieved, the present appeal is filed seeking
for enhancement of compensation.
4. The findings of the Tribunal on negligence and
liability are not under challenge and have attained finality.
Hence, the only aspect that is required to be considered in the
present appeal is with regard to the adequacy of the quantum
of compensation awarded.
5. It is forthcoming that the claimant was aged 21
years as on date of the accident i.e., on 19.05.2014. The
Tribunal has applied a appropriate multiplier of '18'.
6. It was stated that the claimant was working as a
loader and unloadar. However, no documents have been
produced to prove his income. The Tribunal has assessed the
income at `8,000/- per month. Having regard to the date of
accident, it is just and proper that the notional income of the
claimant be re-assessed as `8,500/- per month.
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7. The claimant has sustained fracture of left knee
patella, injuries to face and was treated as an inpatient for a
total period of six days. It is further forthcoming from the
wound certificate (Ex.P22), discharge summaries (Exs.P23 and
24), inpatient records (Ex.P29) and disability assessment report
(Ex.P30), as also the testimony of the doctor (PW.3) that the
disability assessed by the doctor was 11.36%. Upon
re-appreciation of material available on record the Tribunal has
also assessed the disability at 11.36% which is just and proper.
8. Having regard to the aforementioned, the
compensation is re-assessed as follows:
i. Having regard to the nature of injuries sustained,
the compensation towards pain and suffering is re-assessed as
`40,000/- as against `30,000/- awarded by the Tribunal.
ii. Having regard to the nature of injuries sustained
and the resultant disability, it is just and proper that the
compensation towards loss of amenities be re-assessed as
`25,000/- as against `20,000/- awarded by the Tribunal.
iii. The Tribunal has taken laid up period as three
months. Hence, loss of income during laid up period is
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re-assessed as (`8500/- X 3)= `25,500/- as against `24,000/-
awarded by the Tribunal.
iv. The compensation of `10,000/- towards marriage
prospects and `20,000/- towards future medical expenses
awarded by the Tribunal is not interfered with.
v. Having regard to the nature of injuries sustained
and the period of treatment taken as an inpatient it is just and
proper that the compensation towards food, nourishment,
attendant, conveyance charges, transportation and incidental
charges is re-assessed as `15,000/- as against `11,000/-
awarded by the Tribunal.
vi. Loss of future income is re-assessed as
(8500 X 12 X 18 X 11.36%) = `2,08,570/- as against
`1,96,300/- awarded by the Tribunal.
9. Taking judicial notice of the rate of interest awarded
towards fixed deposits, interest on the enhanced compensation
is awarded as 7% pa.
10. In view of the aforementioned, the compensation
re-assessed is as follows:
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HC-KAR
Sl.No Compensation Head Amount Amount awarded
Awarded by the by this Court (`)
Tribunal (`)
1 Loss of future income 196300.00 208570.00
2 Pain and suffering 30000.00 40000.00
3 Loss of amenities 20000.00 25000.00
4 Loss of income during 24000.00 25500.00
laid up period
5 Marriage prospects 10000.00 10000.00
6 Future medical expenses 20000.00 20000.00
7 Food, nourishment, 11000.00 15000.00
conveyance and
attendant charges.
Total 311300.00 344070.00
11. Accordingly, the Claimant is entitled to an enhanced
compensation of (`3,44,070/- - `3,11,300/-)= `32,770/-
rounded of to `33,000/-.
12. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 01.04.2016 passed
in MVC.No.4478/2014 by the IX Additional Small
Causes and Additional MACT, Bangalore (SCCH-7),
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is hereby modified to the extent stated herein. In
all other respects, the judgment and award of the
Tribunal remains unaltered;
iii) The appellant/claimant is entitled to an enhanced
compensation of `33,000/- together with interest at
7% per annum from the date of the petition till its
realization in addition to the compensation awarded
by the Tribunal;
iv) Respondent No.2 - insurer is shall deposit the said
compensation together with accrued interest within
a period of six weeks;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed to the claimant;
vi) The Registry to draw the modified award
accordingly;
vii) Records be transmitted to the Tribunal forthwith.
No costs.
SD/-
(C.M. POONACHA)
JUDGE
PNV
List No.: 1 Sl No.: 23.1
