Smt.Alfiya @ Afriya Aam Shaikh vs Malikith Singh
2025 Latest Caselaw 9715 Kant

Citation : 2025 Latest Caselaw 9715 Kant
Judgement Date : 3 November, 2025

Karnataka High Court

Smt.Alfiya @ Afriya Aam Shaikh vs Malikith Singh on 3 November, 2025

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                                                                  NC: 2025:KHC-D:14918
                                                               MFA No. 100407 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. 100407 OF 2016 (MV-I)


                            BETWEEN:

                            SMT. ALFIYA @ AFRIYA AAM SHAIKH,
                            AGED: 23 YEARS,
                            OCC: HOUSEHOLD/TAILOR,
                            R/O: VIDYANAGAR,
                            YELLAPUR ROAD,
                            SIRSI.
                                                                           ...APPELLANT
                            (BY SRI. NARAYAN V. YAJI, ADVOCATE)


                            AND:

                            1.   MALIKITH SINGH
GIRIJA A.
BYAHATTI                         S/O MAHENDRA SINGH,
Digitally signed by
GIRIJA A. BYAHATTI
                                 AGE: MAJOR,
Location: HIGH
COURT OF
KARNATAKA
                                 OCC: OWNER,
DHARWAD BENCH
DHARWAD
                                 PLOT ON.1103,
                                 ROAD NO.12,
                                 KWC STEEL MARKET,
                                 KOLUMBALLI,
                                 TQ: PANAVEL,
                                 RAIGAD DISTRICT,
                                 NAVI MUMBAI DIST: THANE,
                                 MAHARASTRA-410-218.
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                                 MFA No. 100407 of 2016


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2.   THE DIVISIONAL MANAGER,
     THE NEW INDIA INSURANCE,
     SANTAKRUZ,
     MUMBAI.
                                           ...RESPONDENTS
(BY SRI. N.R. KUPPELUR, ADVOCATE FOR R2;
    NOTICE TO R1 IS SERVED)


      THIS MFA IS FILED UNDER SECTION 173(1) OF THE

MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE

RECORDS AND TO MODIFY THE JUDGMENT AND AWARD DATED

23.03.2015 PASSED BY THE ADDITIONAL MACT., SIRSI IN

M.V.C. No.36/2013 BY ALLOWING THE APPEAL ENHANCING THE

COMPENSATION AS PRAYED IN THE PETITION AND TO PASS

SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT

DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF THE CASE

INCLUDING THE COST IN THE INTEREST OF JUSTICE AND

EQUITY.



      THIS APPEAL COMING ON FOR DISMISSAL THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                             NC: 2025:KHC-D:14918
                                        MFA No. 100407 of 2016


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CORAM:    THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                      ORAL JUDGMENT

(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

Heard Sri.Narayan V.Yaji, learned counsel for the

appellant. No representation on respondents' side on call.

2. This appeal is the outcome of the award that is

passed by the Additional Motor Accident Claims Tribunal,

Sirsi (hereinafter referred to as 'the Tribunal' for brevity) in

M.V.C. No.36/2013 dated 23.03.2015. This is a claimant's

appeal.

3. The only grounds that were urged by learned

counsel for the appellant during the course of his

submission are in respect of grant of meager sum towards

loss of income during laid up period and the sum awarded

towards future medical expenses. Learned counsel submits

that the appellant sustained grievous injuries in a road

traffic accident and she took extensive treatment. The

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appellant as a Tailor was earning Rs.5,000/- per month. The

appellant was bed ridden for more than 4 months. However,

the Tribunal granted a sum of Rs.9,000/- only towards loss

of income during laid up period. Learned counsel also

submits that the appellant has to undergo another surgery

which requires lot of money. But the Tribunal awarded a

sum of Rs.50,000/- only towards future medical expenses.

4. The appellant succeeded in establishing that she

sustained fracture of left orbital floor which is grievous in

nature. She also established that she took treatment as

inpatient for a period of 8 days. The appellant also

established that apart from grievous injury sustained, she

sustained two other simple injuries. Having considered the

nature of injury sustained that is fracture of left orbital

floor, this Court is of the view that the appellant would have

taken bed rest at least for a period of 3 months. Though

learned counsel for the appellant states that the appellant

requires more than Rs.50,000/- towards future medical

expenses, no substantive proof to that effect is produced.

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Therefore, this Court is of the view that in all the appellant

is entitled to an additional sum of Rs.10,000/-. Therefore,

the appeal is disposed of with the following:

ORDER

(i) The appeal is allowed in part.

(ii) The compensation that is granted by the

Additional Motor Accident Claims Tribunal,

Sirsi through orders in M.V.C. No.36/2013

dated 23.03.2015 is enhanced by

Rs.10,000/-.

(iii) The 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 232 days as per

orders in I.A. No.1/2016.

(iv) Respondent No.2 is directed to deposit the

enhanced sum within a period of eight

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weeks from the date of receipt of certified

copy of this judgment.