Karnataka High Court
Mohammed Sarvar S/O Moulana Qureshi vs Md. Yousuf And Anr on 4 June, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC-K:2841
MFA No. 201627 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
MISCL. FIRST APPEAL NO.201627 OF 2019 (MV-I)
BETWEEN:
MOHAMMED SARVAR
S/O MOULANA QURESHI
AGE: 26 YEARS,
OCC: LABOUR,
R/O: H.NO.1/8/13,
KAJGAR WADI,
GANDHI CHOWK, YADGIRI.
...APPELLANT
(BY SRI VEERANAGOUDA MALIPATIL, ADVOCATE)
AND:
1. MD. YOUSUF
S/O HUSSAIN PATEL NAG,
Digitally signed
by RAMESH AGE: 31 YEARS, OCC: OWNER OF MOTORCYCLE
MATHAPATI BEARING NO.KA-33-Q-1111,
Location: HIGH R/O: LAADIS GALLI, YADGIR - 585 201.
COURT OF
KARNATAKA
2. THE IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER,
CLAIMS DEPARTMENT,
HEAD CUSTOMER SERVICE CENTER,
K.S.C.M.F. BUILDING, 3RD FLOOR,
3RD BLOCK, CUNNINGHAM ROAD,
BANGALORE - 560 076.
...RESPONDENTS
(BY SRI S.S.ASPALLI, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED BUT UN-REPRESENTED)
-2-
NC: 2025:KHC-K:2841
MFA No. 201627 of 2019
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF THE MOTOR VEHICLES ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE SENIOR
CIVIL JUDGE AND C.J.M., YADGIR, IN M.V.C.NO.46/2018,
DATED 15.06.2019, AND ALLOW THE APPEAL 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
ORAL JUDGMENT
Challenging judgment and award dated 15.06.2019
passed by Prl. Senior Civil Judge and MACT, Kalaburagi (for
short, 'Tribunal') in MVC No.48/2017, this appeal is filed.
2. Sri Veeranagouda Malipatil, learned counsel for
appellant submitted that this was claimant's appeal for
enhancement of compensation. An accident occurred on
26.07.2017 at about 8.00 p.m., when claimant was traveling as
pillion rider on motorcycle bearing registration no.KA-33/Q-
1111 on Mustur-Pagalapur main road, rider of motorcycle
bearing registration no.KA-33/S-4570 rode it in a rash and
negligent manner and dashed against claimant's motorcycle. In
resultant accident, claimant sustained grievous injuries and was
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shifted to Government General Hospital, Yadgir. Thereafter, he
took treatment at Navodaya Hospital, Raichur. Despite
treatment, he sustained permanent physical disability and
consequent loss of earning capacity. Therefore, he filed claim
petition under Section 166 of M.V.Act.
3. On service of notice, respondent no.1-owner did not
appear and was placed exparte. Insurer opposed claim petition
on all grounds. After framing issues, Tribunal recorded
evidence, wherein claimant examined himself as PW.1 and
Dr.Basava Swamy Hiremath, as PW.2. He got marked Exs.P1 to
P10. Respondents did not lead any evidence.
4. On consideration, Tribunal held claimant had
sustained injuries in accident that occurred due to rash and
negligent riding of insured vehicle by its rider, claimant had
sustained loss of earning capacity and was entitled for
compensation. It considered monthly income @ Rs.7,000/-,
physical disability at 17% and applied multiplier of 17 to award
Rs.2,42,760 towards loss of future earning. Apart from same, it
awarded Rs.18,858/- towards medical expenses, Rs.30,000/-
towards pain and suffering, Rs.20,000/- towards loss of
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amenities, Rs.10,000/- towards food and nourishment and
Rs.10,000/- towards conveyance charges. It also awarded
Rs.3,750/- towards attendant charges and likesum as loss of
earning during period of treatment. Thus, it awarded
compensation of Rs.3,39,868/- which is rounded of to
Rs.3,39,000/-. Not satisfied with same, claimant filed this
appeal.
5. It was submitted that accident occurred on
26.07.2017. Though, claimant had stated that he was earning
Rs.20,000/- p.m., Tribunal assessed his income at Rs.7,000/-
p.m. which was lower as notional income for year 2017 is
Rs.10,250/-. It was submitted since claimant sustained
fractures, taking note of fixation of income, Tribunal ought to
have awarded compensation for laid up period for atleast 3
months. It was submitted that claimant had sustained fracture
of Tibia and Fibula on right side with implant and for removal of
same he should undergo another surgery but no award for
same. On above grounds, he seeks enhancement of
compensation.
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6. On other hand, Sri S. S. Asphalli, learned counsel
for respondent no.2 opposed petition.
7. Heard learned counsel and perused impugned
judgment and award.
8. From above, since, insurance company has
accepted its liability, only point that would arise for
consideration is "Whether claimant is entitled for enhancement
of compensation as sought for?" Same is answered partly in
affirmative for following reasons.
9. Admittedly, accident occurred in year 2017.
Though, claimant had stated that his monthly income was
Rs.20,000/-, notional income was taken at Rs.7,000/-. But,
notional income for year 2017 is Rs.10,250/-. Therefore,
fixation of monthly income by Tribunal would be erroneous. In
view of same, compensation towards loss of future earnings
would be Rs.3,55,470/- ( Rs.10,250/- x 17% x 12 x 17).
10. Since, claimant sustained fracture, same would led
him to stay away from employment for alteast 3 months.
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Taking same as laid up period, claimant would be entitled for
Rs.30,750/- as income for laid up period (Rs.10,250 x 3).
11. PW-2 has stated about implant and cost of removal
as Rs.30,000/-. Claimant would be entitled for same.
12. It is seen that award under all other heads are just
and reasonable. Thus, total compensation would be
Rs.5,08,828/-, under various heads as follows:
Heads of Compensation Compensation Enhanced
awarded by Compensation
Tribunal
Loss of future income Rs.2,42,760/- Rs.3,55,470/-
Medical expenses Rs.18,858/- Rs.18,858/-
Pain and Sufferings Rs.30,000/- Rs.30,000/-
Amenities Rs.20,000 Rs.20,000/-
Food and Nourishment Rs.10,000/- Rs.10,000/-
Conveyance Charges Rs.10,000/- Rs.10,000/-
Attendant Charges Rs.3,750/- Rs.3,750/-
Loss of Income During Rs.3,750/- Rs.30,750/-
Laid Up Period
Future Medical Expenses --- Rs.30,000/-
Total Rs.3,39,118/- Rs.5,08,828/-
Rounded off to Rs.3,39,000/- Rs.5,09,000/-
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13. Consequently, following order:
ORDER
i. Appeal is allowed in part.
ii. Claimant is held entitled for compensation of
Rs.5,09,000/-.
iii. Respondent no.2-insurer is liable to pay same
with interest at the rate of 6% p.a. from the
date of claim petition.
Sd/-
(RAVI V HOSMANI)
JUDGE
MSR,NJ
Ct;Vk
