Karnataka High Court
Maheboob S/O Late Khadar Basha vs Peer Sab N And Ors on 11 July, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC-K:3840
MFA No. 200191 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO. 200191 OF 2023 (MV-I)
BETWEEN:
MAHEBOOB S/O LATE KHADAR BASHA,
AGE: 22 YEARS,
OCC: MECHANIC CUM WATER WASHER
R/O: NEAR MASJID, JANATA COLONY,
SINDHANUR, TQ: SINDHANUR,
DIST: RAICHUR - 584 101.
NOW RESIDING AT BALAGANOOR ROAD,
MASKI, TQ: MASKI,
DIST: RAICHUR - 584 124.
...APPELLANT
(BY SRI BASAVARAJ R.MATH, ADVOCATE)
AND:
Digitally signed
by RAMESH
MATHAPATI 1. PEER SAB N. S/O KASHEEM SAB,
AGE: 56 YEARS, OCC: DRIVER,
Location: HIGH
COURT OF NOW RESIDING AT BLAPURAM MET,
KARNATAKA HYDERABAD TALANGANA STATE
AND JAYEE DAILY PARCEL SERVICE
JAYA PRAKASHAM KUPPU, PLOT NO.28
BLOCK NO.9, AUTO NAGAR,
VANASTHALIPURAM,
HAYATH NAGAR, RANGAREDDY,
DIST: ANDHRA PRADESH - 500 074.
(DRIVER OF LORRY BEARING NO.AP-29/TB-8012)
2. JAYEE DAILY PARCEL SERVICE,
PRAKASHAM KUPPU, PLOT NO.28,
-2-
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MFA No. 200191 of 2023
HC-KAR
BLOCK NO.9, AUTO NAGAR,
VANASTHALIPURAM,
HAYATH NAGAR RANGAREDDY,
DIST: ANDHRA PRADESH - 500 074.
3. THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
ARYA EDIGA HOSTEL COMPLEX,
DOUBLE ROAD, OPP: OLD BUS STAND,
POST AND DIST: BELLARY - 583 101.
(POLICY CERTIFICATE
NO.61280631170100004315
VALID FROM 24.03.2018 TO 23.03.2019)
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R3;
NOTICE TO R1 AND R2 ARE DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS AND
ENHANCE THE AWARD AMOUNT BY MODIFYING THE IMPUGNED
JUDGMENT AND AWARD DATED 09.09.2022 PASSED BY THE SENIOR
CIVIL JUDGE AND MACT, LINGASUGUR, IN MVC NO.54/2019, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
-3-
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MFA No. 200191 of 2023
HC-KAR
ORAL JUDGMENT
Though appeal is listed for admission, with consent of
learned counsel for parties, it is taken up for final disposal.
2. Challenging judgment and award dated 09.09.2022
passed by Senior Civil Judge and Motor Accident Claims
Tribunal, Lingasugur, (for short, 'Tribunal') in MVC no.54/2019,
this appeal is filed.
3. Sri Basavaraj R. Math, learned counsel submitted,
appeal was by claimant for enhancement of compensation. It
was submitted, at about 10:00 a.m., on 11.04.2018, claimant
was riding motorcycle bearing no.KA-05/EW-6547 on
Sindhanur-Raichur road, near LIC Office, when driver of Lorry
no.AP-29/TB-8012 drove it in rash and negligent manner and
dashed against motorcycle causing accident. In accident,
claimant sustained fracture to right leg and grievous injuries to
other parts of body. Despite taking treatment at Government
Hospital, Sindhanur and VIMS Hospital at Ballari, he did not
recover fully and sustained permanent physical disability and
loss of earning capacity. Therefore, he filed claim petition under
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Section 166 of Motor Vehicles Act, against owner and insurer of
Lorry.
4. On contest, wherein insurer denied age, occupation
and income of claimant and alleged accident occurred due to
negligence of claimant, that he did not possess valid and
effective driving licence as on date of accident etc., tribunal
framed issues and recorded evidence. Claimant examined
himself and Dr.Syed Sadath Hussain as PWs.1 and 2 and got
marked Exs.P1 to P22, while insurer examined its official as
RW.1 and got marked Exs.R1 and R2.
5. On consideration, tribunal held accident occurred
due to rash and negligent driving of Lorry by its driver,
claimant sustained permanent physical disability and loss of
earning capacity and was entitled for compensation from
insurer as follows:
Sl.No. Heads of Compensation Amount
1 Medical Expenses Rs. 10,900/-
2 Loss of future earning on account of Rs.5,40,000/-
permanent disability
3 Loss of earning during the treatment Rs. 30,000/-
4 Loss of amenities and happiness Rs. 10,000/-
5 Food and nourishment and attendant Rs. 15,000/-
charges
6 Pain and suffering Rs. 50,000/-
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7 Future medical expenses Rs. 10,000/-
Total Rs.6,65,900/-
6. Not satisfied, claimant is in appeal. It was
submitted, though claimant was stated to be 19 years old
working as Mechanic/Water Service and earning Rs.40,000/-
per month, tribunal considered Rs.10,000/- as income, which
was on lower side. It was submitted, claimant sustained
amputation of right leg at knee level. Tribunal only awarded
Rs.50,000/- towards pain and suffering and even award of
Rs.10,000/- towards loss of amenities, Rs.15,000/- towards
Food, nourishment and attendant charges were meager. Even
award towards loss of income during laid-up period and future
medical expenses was inadequate and sought enhancement. It
was further submitted, PW.2 had assessed permanent physical
disability at 75%, tribunal erred in assessing it at 25% and
sought enhancement.
7. On other hand, Sri SS Aspalli, learned counsel for
insurer opposed appeal. It was submitted, Tribunal had taken
note of all related facts and circumstances and determined just
compensation, leaving no scope for enhancement.
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8. Heard learned counsel. Perused impugned judgment
and award and record.
9. From above and since claimant is in appeal for
enhancement of compensation, point that would arise for
consideration is:
"Whether claimant is entitled for enhancement of
compensation as sought for?"
10. Same is answered partly in affirmative for following
reasons.
11. Insofar as pain and suffering, treatment records
would indicate amputation of right leg at knee level. Hon'ble
Supreme Court in Govind Yadav v. New India Insurance
Co. Ltd., reported in 2012 ACJ 28, awarded Rs.1,50,000/-
towards pain and suffering in case of amputation. Therefore,
award of Rs.50,000/- would not be justified. Claimant is held
entitled to Rs.1,50,000/- towards pain and suffering.
12. Insofar as monthly income, claimant stated he was
working as Mechanic/Water Service and earning Rs.40,000/-
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per month. No material was placed to substantiate same. In
absence, it was assessed notionally. Notional income for year
2018 being Rs.11,750/- as adopted by KSLSA for settlement of
cases before Lok-Adalat, same has to be considered.
13. Normally, in case of amputation of lower limb, six
months' period has to be taken as lay off. Therefore, claimant
would be entitled to Rs.70,500/- towards loss of income during
laid-up period.
14. Insofar as loss of future earning, tribunal assessed
it at 25%. When claimant has sustained amputation of right leg
at knee level, apart from fracture of bones in left leg also, it
would have greater impact on earning capacity. Considering
young age and possibility of earning income by alternative
avocation, it would be appropriate to assess loss of earning
capacity at 50%. As per decision in case of Mohd.Sabeer @
Shabir Hussain v. Regional Manager, UPSRTC reported in
(2023) 20 SCC 774, even in personal injury claims, future
prospects has to be added to monthly income. Since claimant
was 19 years of age and self employed, 40% has to be added
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and multiplier applicable would be 18. Thus, computation would
be:
(Rs.11,750/- + 40%) x 50% x 12 x 18 = Rs.17,76,600/-
15. Tribunal has awarded Rs.10,900/- towards medical
expenses against bills produced. Same would not call for any
interference. When claimant took in-patient treatment for
period of 32 days, award of Rs.15,000/- towards food,
nourishment and attendant charges would be inadequate.
Same is enhanced to Rs.30,000/-.
16. Insofar as loss of amenities, Hon'ble Supreme Court
in Raj Kumar v. Ajay Kumar & Anr. reported in (2011) 1
SCC 343, in case of amputation, awarded Rs.1,50,000/-
towards loss of amenities. Award of Rs.10,000/- by tribunal
would be grossly inadequate and is enhanced to Rs.1,50,000/-.
Tribunal has awarded only Rs.10,000/- towards future medical
expenses. Considering requirement of artificial limb, its
periodical repair and replacement, it would be appropriate to
award sum of Rs.1,00,000/-. Thus, claimant is held entitled for
re-assessed compensation of Rs.22,88,000/-.
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ORDER
i. Appeal is allowed in part, judgment and award
dated 09.09.2022 passed by Senior Civil Judge
and Motor Accident Claims Tribunal,
Lingasugur, in MVC no.54/2019 is modified.
Claimant is held entitled for total compensation
of Rs.22,88,000/- as against Rs.6,65,900/-
awarded by Tribunal with interest at rate of 6%
per annum from date of claim petition till
deposit.
ii. Respondent-Insurer to deposit same before
tribunal within a period of six weeks.
iii. Conditions about ratio of amount to be
deposited/released would apply as per tribunal
to enhanced compensation proportionately.
Sd/-
(RAVI V HOSMANI)
JUDGE
NB
Ct: Vk
