Karnataka High Court
M D Anwar @ M D Annavarmiyein vs The Srs Travels And Anr on 11 November, 2025
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NC: 2025:KHC-K:6703
MFA No. 203282 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 203282 OF 2023 (MV-I)
BETWEEN:
M.D ANWAR @ M D ANNAVARMIYEIN
S/O. MEHTABALI,
AGE 37 YEARS, OCC. EARLIER DRIVER, NOW NIL,
R/O MAILUR, BIDAR.
NOW RESIDING AT NEAR UMAR MASJID,
GANDHI NAGAR, VIJAYAPURA.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
1. THE SRS TRAVELS
REP. BY ITS PROPRIETOR
Digitally signed K T RAJASHKEHAR,
by SUMITRA AGE 51 YEARS, OCC. BUSINESS,
SHERIGAR R/O 65, JOGARADODDI,
Location: BIDADI INDUSTRIAL AREA,
HIGH COURT RAMANAGAR TALUKA,
OF BENGLURU RURAL DISTRICT,
KARNATAKA
BENGALURU AND ALSO NO.321/3, TSP ROAD,
KALASIPALYAM, BENGALURU-01.
2. THE BRANCH MANAGER
NEW INDIA ASSURANCE CO. LTD.,
GURUKUL ROAD, HANAMSHETTY BUILDING,
VIJAYAPURA-586 101.
...RESPONDENTS
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NC: 2025:KHC-K:6703
MFA No. 203282 of 2023
HC-KAR
(BY SRI SHARANABASAPPA M. PATIL, ADV. FOR R2;
V/O. DTD 12.09.2023, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE
APPELLANT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 04.07.2023 PAST BY THE COURT OF 1ST
ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL NOVI AT VIJAYAPUR IN MVC NO. 782/2017.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is filed by the claimant against the
Judgment and award dated 04.07.2023 passed in MVC
No.782/2017 by the I Additional Senior Civil Judge and
Member MACT VI, Vijayapura, (for short 'the tribunal')
seeking enhancement of compensation awarded by the
tribunal.
2. The injured claimant filed claim petition seeking
compensation of Rs.13,25,000/- along with interest at the
rate of 18% per annum before the tribunal for the injuries
sustained by him in the accident on 12.05.2017. The tribunal
after considering the entire evidence on record, has awarded
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a sum of Rs.3,53,215/- along with interest at the rate of 6%
per annum from the date of petition till the date of
realization. Aggrieved by the said Judgment and award, the
claimant has preferred the present appeal.
3. In the present appeal, it is contended that, the
claimant was aged 45 years and was working as Driver at
the time of accident; the Doctor assessed the disability at
55% to the limb; the claimant took treatment for three days;
the amount granted under the head pain and suffering is
meager and also medical expenses is meager; he spent
Rs.6,00,000/- lakhs towards medical expenses; though the
claimant stated that, he was earning a sum of Rs.15,000/-
per month, the tribunal has considered only Rs.10,250/- per
month; the claimant sustained 100% functional disability,
but the tribunal has considered only 5%. The amounts
granted under the other heads are also meager, therefore,
requests for enhancement of the compensation.
4. Heard the arguments from both sides.
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HC-KAR
5. Age of the claimant was shown as 45 years as per
Ex.P.4 - wound certificate. Hence, the multiplier would be
14. Though the claimant has stated that, he was earning a
sum of Rs.15,000/- per month, he has not filed any income
proof. He met with accident on 12.05.2017. As per the
guidelines of the Karnataka State Legal Services Authority,
his notional income is to be taken at 10,250/- for the year
2017. As per the discharge card marked as Ex.P.7, the
claimant suffered fracture of right femur, shaft of right
femur, right leg, shaft of fibula and 5th rib. According to
C.W.1, fractures are united and there is operative scar over
right thigh and leg, tenderness present on antalgic gait.
C.W.1 has not stated about functional disability. It is further
stated that, it is difficult for the claimant for standing on the
affected limb, climbing stairs, sitting cross legs and assessed
the disability at 55% to the said limb. This Court finds it
reasonable to take disability as at 18.33 i.e. 1/3rd of the
55%. It is submitted that, the claimant was a driver by
profession, and due to the aforesaid disability, he cannot
pursue his work as driver, therefore, functional disability is to
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be taken at 25%. Hence, the loss of future income would be
Rs.10,250/- X 12 X 14 X 25% = Rs.4,30,500/-.
6. The tribunal has awarded a sum of Rs.2,31,865/-
towards medical expenses. The same is correct and needs no
interference. The claimant was hospitalized for a period of 12
days as per Ex.P.7 i.e. discharge card. The Doctor has also
stated that, the claimant requires a surgery for removal of
implant in future. Therefore, considering the nature of
injuries, period of hospitalization and other relevant factors,
this Court finds it reasonable to award a sum of Rs.75,000/-
towards pain and sufferings, Rs.25,000/- towards loss of
amenities, Rs.25,000/- towards transportation, extra
nourishment and attendant charges and Rs.30,000/- towards
future medical expenses. The claimant might have not
attended any work for at least six months. Hence, this Court
finds it reasonable to award a sum of Rs.61,500/-
(Rs.10,250/- X 6 months), under the head loss of income
during laid up period. The total compensation would be as
under:
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Sl.No. Heads of compensation Amount
1 Loss of future income Rs.4,30,500/-
2 Medical expenses Rs.2,31,865/-
3 Pain and suffering Rs.75,000/-
4 Loss of Amenities Rs.25,000/-
5 Transportation, extra Rs.30,000/-
nourishment and attendant
charges
6 Future medical expenses Rs.25,000/-
7 Loss of income during laid Rs.61,500/-
up period
Total Rs.8,78,865/-
7. Learned counsel for the respondent-Insurance
company submits that, the compensation amount awarded
by the tribunal has been already deposited before the
tribunal.
8. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total
compensation of Rs.8,78,865/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization as against
Rs.3,53,215/- awarded by the tribunal;
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HC-KAR
(iii) The respondent No.2 Insurance
company is directed to deposit the enhanced
compensation of Rs.5,25,650/- along with interest
within a period of one month from the date of this
order;
(iv) The claimant is permitted to withdraw
the entire award amount along with interest
accrued thereon.
sd/-
(P SREE SUDHA)
JUDGE
SVH
CT:RJ
