Karnataka High Court
Ismail vs Uttam And Anr on 13 November, 2025
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NC: 2025:KHC-K:6828
MFA No. 200995 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200995 OF 2024 (MV)
BETWEEN:
ISMAIL,
S/O ABDUL MOLE,
AGED ABOUT 65 YEARS,
OCCUPATION: DOCTOR,
RESIDENCE OF KAMBAGI,
TALUK AND DISTRICT VIJAYAPURA-586 125.
...APPELLANT
(BY SRI. SANGANAGOUDA V BIRADAR, ADVOCATE)
AND:
1. UTTAM S/O GOPAL RATHOD,
AGED ABOUT 45 YEARS,
Digitally signed OCCUPATION: BUSINESS,
by SUMITRA RESIDENCE OF KARI HALLA,
SHERIGAR
L.T.NO.2, TALUK: BASAVANA BAGEWADI,
Location: HIGH DISTRICT VIJAYAPURA-586 203.
COURT OF
KARNATAKA 2. THE MANAGER LEGAL/CLAIMS,
RELIANCE GENERAL INSURANCE
COMPANY LIMITED, 2ND FLOOR,
V.A. KALABURAGI SQUARE,
DESHPANDE NAGAR,
DESAI CROSS HUBLI-29.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2,
V/O DATED 11.06.2024 NOTICE TO R1 IS D/W)
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NC: 2025:KHC-K:6828
MFA No. 200995 of 2024
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
ALLOW THIS APPEAL AND ENHANCE THE COMPENSATION AS
CLAIMED IN THE CLAIM PETITION BY MODIFYING THE
JUDGMENT AND AWARD DATED 28-12-2022 PASSED BY THE
COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND
MEMBER-MACT-XII, AT VIJAYAPURA, MVC NO. 877/2018.
THIS APPEAL COMING ON FOR ADMISSIONS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE P SREE SUDHA)
Though this matter has come up for admission, with
consent of learned counsel for parties, it is taken up for
hearing.
2. This appeal is filed against the judgment and award
dated 28.12.2022 passed by the III Additional Senior Civil
Judge and MACT XII, Vijayapura, in MVC No. 877 of 2018.
3. The injured claimant, aged 55 years, working as a
doctor, met with an accident on 26.12.2017, filed a claim
application claiming compensation of Rs.20,00,000/-. The
Tribunal, considering the entire evidence on record, granted
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HC-KAR
global compensation of Rs.4,00,000/- with interest rate of 6%
per annum from the date of payment till realisation.
4. Aggrieved by the said order, this appeal is preferred
by the appellant-claimant in which it is mainly contended that
he sustained grievous injuries as per wound certificate and
incurred medical expenses to an extent of Rs.2,79,488/-. The
tribunal has not granted any amount under the other heads. He
has not attended to any other work for a period of 6 months.
The interest is to be enhanced to 9% per annum. Therefore,
requested for enhancement in the compensation.
5. Heard the arguments of both sides.
6. The petitioner has not examined the doctor. As per
wound certificate under Exhibit P4. He sustained the following
injuries:
"1. Head Injury: CLW approx 6cm over left
frontal region
2. Left Eye: Swelling
3. Abrasion over both knee joint
4. Scortum Swelling ++
5. Blunt chest Trauma*
CT Scan of Brain Shows: (1) Acute SAH
Seen tin both temporo-occipital and parietal
lobes. (2) Petechial bleed/contusion seen in
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HC-KAR
right capsular and frontal lobes region.
(3) Fracture anterior wall of left orbit,
fracture nasal bone.
CT Scan of Chest Shows: (1) E/O surgical
emphysema over the subcutaneous plane of
anterior chest wall, axilla and the flank
region. (2) E/O Fracture of the 3rd to 6th rib
on the left side laterally.
7. It is further stated that as per the case sheet, he was
admitted to hospital on 27.12.2017 and discharged on
07.02.2018 and thus, he was hospitalised for more than 1
month 9 days. Petitioner has stated that he was aged 55 years,
working as a doctor and earning Rs.25,000/- per month, but
not filed the income proof. He met with an accident on
26.12.2017 and his notional income is to be taken as
Rs.10,250/- per month as per the guidelines of the Karnataka
State Legal Services Authority. In this case, disability is not
considered. Considering the nature of injuries sustained by the
petitioner, this Court finds it reasonable to grant an amount of
Rs.50,000/- for injuries, Rs.50,000/- for pain and suffering,
Rs.25,000/- for loss of amenities and Rs.30,000 for
transportation, extra nourishment and attendant charges. The
petitioner might not have attended any work for a period of 4
months. Therefore, Rs.41,000/- (10,250 x 4) is granted under
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HC-KAR
loss of income during laid up period. The Tribunal has granted
an amount of Rs.2,79,488/- towards medical expenses, which
needs no interference.
8. Thus, in all, the claimant is entitled for the
compensation of Rs.4,75,488/- with interest at 6% per annum
as against Rs.4,00,000/- awarded by the Tribunal.
9. The award of compensation passed by the Tribunal is
modified as under:
Heads Amount in Rs.
1. Injuries 50,000/-
2. Medical expenses 2,79,488/-
3. Pain and Suffering 50,000/-
4. Loss of amenities 25,000/-
5. transportation, attendant charges 30,000/-
and extra nourishment
6. Loss of earning during the laid up 41,000/-
period
Total 4,75,488/-
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HC-KAR
10. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The Claimant is entitled for the total compensation
of Rs.4,75,488/- with interest at 6 percent per annum from the
date of petition till the date of realization.
(iii) The respondent insurance company has already
deposited the award amount before the Tribunal, and therefore,
they are directed to deposit the enhanced amount of
Rs.75,488/- with interest at 6% per annum within one month
from the date of copy of this order.
(iv) On such deposit, the claimant is permitted to
withdraw the entire amount along with the interest accrued on
it.
sd/-
(P SREE SUDHA)
JUDGE
CS
