Karnataka High Court
Naseer vs The Managing on 3 November, 2025
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NC: 2025:KHC-D:14863
MFA No. 102967 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 3RD DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 102967 OF 2016 (MV-I)
BETWEEN:
NASEER NOOR AHMAD CHOWTI,
AGED ABOUT 22 YEARS, OCC: MASON,
R/O. GANESHNAGAR,
SIRSI, UTTAR KARNATAKA.
...APPELLANT
(BY SRI. K. RAGHAVENDRA RAO AND
SMT. V. VIDYA, ADVOCATES)
AND:
THE MANAGING DIRECTOR,
N.W.K.R.T.C,
REP. BY THE DIVISIONAL CONTROLLER,
K.S.R.T.C., MANGALURU DIVISION, MANGALURU.
GIRIJA A. ...RESPONDENT
BYAHATTI
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
Digitally signed by GIRIJA
A. BYAHATTI
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
Date: 2025.11.05 12:39:16
+0530 VEHICLES ACT 1988, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 09.07.2015 PASSED BY THE FIRST ADDITIONAL
DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT
SIRSI IN MVC NO.155/2014 AND ENHANCE THE COMPENSATION
AWARDED BY THE TRIBUNAL AND ALLOW THIS APPEAL WITH
COST AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE
COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE
CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14863
MFA No. 102967 of 2016
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
1. Heard Ms. V. Vidya, learned counsel for the appellant.
No representation on respondent's side on call.
2. This appeal is the outcome of the award that is passed
by the Motor Accident Claims Tribunal, U.K. Karwar
sitting at Sirsi (hereinafter be referred to as 'the
Tribunal', for brevity) in MVC No.155/2014 dated
09.07.2015. This is a claimant's appeal.
3. The appellant projecting that he sustained grievous
injuries in a road traffic accident that occurred in the
year 2014, filed a petition claiming compensation of
Rs.10,00,000/- in total. The Tribunal through the
impugned award granted a sum of Rs.1,07,100/- as
compensation. The version of the appellant is that he
is entitled to a higher sum.
NC: 2025:KHC-D:14863
HC-KAR
4. Ms. Vidya, learned counsel for the appellant, submits
that the appellant sustained a grievous injury apart
from two other simple injuries in a road traffic
accident. As a mason, appellant was earning more
than Rs.9,000/- per month as on the date of accident.
But due to the grievous injuries sustained, he became
permanently and completely disabled. Though the
appellant established the nature of injuries sustained
and the treatment taken, the Tribunal failed to award
any sum as compensation towards 'loss of future
earnings'. Learned counsel also states that the
compensation that is granted by the Tribunal in total is
also on the lower side. Learned counsel thereby seeks
for enhancement in compensation.
5. As rightly projected, appellant succeeded in
establishing that he sustained one grievous injury and
two simple injuries. The appellant also established
that he took treatment as an in-patient for a period of
11 days. However, the appellant failed to produce any
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HC-KAR
proof to establish the alleged permanent physical
disability. Also, the appellant failed to produce any
evidence to establish his occupation and earnings as
on the date of accident.
6. The Tribunal granted a sum of Rs.25,000/- towards
'pain and suffering', Rs.5,000/- towards 'food,
nourishment, transportation and conveyance charges',
Rs.53,000/- towards 'medical expenditure',
Rs.18,000/- towards 'loss of income during laid-up
period', Rs.1,100/- towards 'attendant charges' and
Rs.5,000/- towards 'loss of comforts and amenities in
life'. As the appellant failed to establish the alleged
physical disability, this Court is of the view that the
appellant is not entitled for any compensation towards
'loss of future earnings'. However, the compensation
that is granted towards loss of income during laid-up
period, attendant charges and loss of amenities is on
lower side. Therefore, this Court is of the view that
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HC-KAR
globally the appellant is entitled to an additional sum
of Rs.20,000/-.
7. Hence, the appeal is disposed of with the following
order:
ORDER
i. The appeal is allowed in part.
ii. The compensation that is granted by the Motor
Accident Claims Tribunal, U.K. Karwar sitting at
Sirsi through orders in MVC No.155/2014 dated
09.07.2015 is enhanced by Rs.20,000/-.
iii. Enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the
date of deposit except for the period of delay of
342 days as per orders in I.A.No.1/2016.
iv. Respondent is directed to deposit the enhanced
sum within a period of eight weeks from the date
of receipt of certified copy of this judgment.
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HC-KAR
v. On deposit, appellant is permitted to withdraw
the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
gab
CT-MCK
