Karnataka High Court
Kum Ruksar Fathima vs M/S Reliance Gen Ins Co Ltd on 23 June, 2025
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NC: 2025:KHC:21841
MFA No. 4257 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 4257 OF 2018 (MV-I)
BETWEEN:
KUM RUKSAR FATHIMA
D/O DADAPEER
@ G.MOHAMMED DADAPEER,
AGED ABOUT 21 YEARS
R/O BADAMAKANA,
CHITRADURGA 577501
...APPELLANT
(BY SRI. A K SREEHARSHA, ADVOCATE)
AND:
1. M/S RELIANCE GEN INS CO LTD
BY ITS MANAGER, BRANCH OFFICE,
MAGANOOR BASAPPA COMPLEX,
DAVANAGERE ROAD,
CHITRADURGA-577501
Digitally signed
by NIRMALA 2. SRI FAIZULLA
DEVI S/O T.N.NASARULLA
Location: HIGH AGED ABOUT 50 YEARS,
COURT OF OWNER OF AUTO RICKSHAW
KARNATAKA NO.KA-16/A-1030
R/O BHOVI COLONY,
BEHIND COMMUNIST OFFICE,
DAVANAGERE ROAD,
CHITRADURGA-577501
...RESPONDENTS
(BY SRI. ASHOKA H, ADVOCATE FOR
SRI. PRADEEP B, ADVOCATE FOR R1
NOTICE TO R2 IS DISPENSED WITH V/O DTD 27.05.2022)
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NC: 2025:KHC:21841
MFA No. 4257 of 2018
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07/11/2017, PASSED IN MVC
NO.639/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND CHIEF JUDICIAL MAGISTRATE, CHITRADURGA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
The above appeal is filed challenging the judgment and
award dated 07.11.2017 passed in MVC No.639/2016 by the
Principal Senior Civil Judge and Chief Judicial magistrate,
Chitradurga1, wherein the Tribunal has partly allowed the claim
petition and awarded a total compensation of `3,15,950/-
together with interest at 9% pa. Being aggrieved, the present
appeal is filed by the claimant for enhancement of
compensation.
2. 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
Hereinafter referred to as 'Tribunal'
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present appeal is with regard to the adequacy of the
compensation awarded.
3. Heard the submissions of learned counsel Sri
A.K.Sreeharsha for the appellant and learned counsel
Sri Ashok H for learned counsel Sri Pradeep B for respondent
No.1-insurer.
4. It is forthcoming that the claimant was an 18 year
old girl as on the date of the accident i.e., as on 6.2.2015. The
wound certificate (Ex.P5) and disability certificate (Ex.P7)
disclose that the claimant sustained lacerated wound over the
front scalp, tenderness over the right head and tenderness in
the back. The claimant sustained compression fracture of T11
vertebra, fracture of middle phalanx of 3rd finger and proximal
phalanx of 4th finger of the right hand. Doctor - PW.2 has
deposed that the injuries sustained by the claimant were
treated conservatively. The Tribunal has assessed the disability
at 11%, which is just and proper. The Tribunal has assessed
the notional income at `9,000/- pm. However, having regard
to the date of the accident, the notional income of the claimant
is re-assessed as `9,500/- pm.
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5. In view of the aforementioned, the compensation is
re-assessed as follows:
5.1 Having regard to the nature of injuries sustained, it
is just and proper that the compensation towards pain and
suffering be re-assessed as `60,000/- as against `35,000/-
awarded by the Tribunal.
5.2 The compensation of `4,111/- awarded by the
Tribunal towards medical expenses is as per the bills, which is
just and proper.
5.3 The Tribunal has also awarded compensation of
`25,000/- towards loss of academic year, which is not liable to
be interfered with.
5.4 Loss of future earning is re-assessed as (`9,500/-
x12x18x11%) `2,25,720/- as against ` `2,13,840/- awarded by
the Tribunal.
5.5 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
`40,000/- as against `20,000/- awarded by the Tribunal.
5.6 The Tribunal has taken the laid up period as 2
months. However, having regard to the fact that the injuries
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have been treated conservatively, laid up period is taken as 4
months and accordingly, loss of income during laid up period is
re-assessed as (`9,500/-x4) `38,000/- as against `18,000/-
awarded by the Tribunal.
5.7 The Tribunal has not awarded any amount towards
food and nourishment. Hence, it is just and proper to award a
sum of `20,000/- towards the same.
5.8 It is noticed that the Tribunal has awarded interest
at 9% pa. However, taking judicial notice of the interest
payable towards fixed deposits, it is just and proper to award
interest at the rate of 7% p.a., on the compensation as re-
assessed by this Court.
6. Accordingly, the total compensation under various
heads is re-assessed as follows:
Sl. Heads Amount awarded Amount awarded
No. by the Tribunal by this Court (Rs.)
(Rs.)
1. Towards pain and suffering 35000.00 60000.00
2. Towards medical expenses 4111.00 4111.00
3. Loss of future earning 213840.00 225720.00
capacity due to disability
4. Loss of amenities 20000.00 40000.00
5 Loss of income during laid up 18000.00 38000.00
period
6 Loss academic year 25000.00 25000.00
education
7 Food and nourishment 0.00 20000.00
Total 315951.00 412831.00
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HC-KAR
7. Hence, the claimant is entitled for enhanced
compensation of `96,881/- (`3,15,950/- - `4,12,831/-).
8. In the result, the following:
ORDER
i) The appeal is allowed in part;
ii) The judgment and award dated 07.11.2017 passed
in MVC No.639/2016 by the Principal Senior Civil
Judge and Chief Judicial magistrate, Chitradurga, is
modified to an extent stated herein. In all other
respects, the judgment and award of the Tribunal
remains unaltered.
iii) The claimant is entitled for enhanced compensation
of Rs.96,881/- with interest at the rate of 7% p.a.
from the date of petition till its realisation in
addition to the compensation awarded by the
Tribunal;
iv) Respondent No.1 - insurer is directed to deposit the
said compensation together with accrued interest
within a period of six weeks from the date of receipt
of a copy of this judgment;
v) Upon such deposit, the entire enhanced
compensation together with interest accrued
thereupon be disbursed to the claimant;
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vi) The Registry to draw the modified award
accordingly;
vii) Records of the Tribunal be transmitted to the
Tribunal forthwith.
No costs.
Sd/-
(C.M. POONACHA)
JUDGE
ND
