Karnataka High Court
Mushtaq Ahmed vs The Divisional Contoller And Ors on 4 November, 2025
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MFA No. 203869 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 203869 OF 2023 (MV-I)
BETWEEN:
MUSHTAQ AHMED
S/O. SHAMSHODDIN JAHAGIRDAR,
AGE. 48 YEARS, OCC. BUSINESS,
RESIDENT OF WARD NO. 35, TORVI ROAD,
NEAR FREEDOM FIGHTER COLONY,
VIJAYAPURA-586101.
...APPELLANT
(BY SRI. SANGANAGOUDA V BIRADAR,ADVOCATE)
AND:
1. THE DIVISIONAL CONTOLLER
Digitally signed KSRTC, VIJAYAPURA DIVISION,
by SUMITRA VIJAYAPURA-586101.
SHERIGAR
Location: HIGH
COURT OF 2. SANDEEP S/O. KALARAMAN,
KARNATAKA AGE 45 YEARS, OCC. BUSINESS,
RESIDENT OF HOUSE NO. 840,
SECTOR-4, HUDA, DISTRICT ROHTAK,
STATE HARAYAN-124001..
3. THE BRANCH MANAGER
CHOLAMANDALAM GENERAL INSURANCE
COMPANY LIMITED,
1ST FLOOR, V.A. KALABURAGI SQUARE,
DESHPANDE NAGAR, DESAI CROSS,
HUBBLI-580029.
...RESPONDENTS
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NC: 2025:KHC-K:6526
MFA No. 203869 of 2023
HC-KAR
(BY SRI. SHARANABASAPPA M. PATIL, ADV. FOR R1;
SRI. MANJUNATH MALLLAYYA SHETTY, ADV. FOR R3;
V/O. DATED 04.11.2025, NOTICE TO R2 D/W)
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 17-09-2021 PASSED BY THE
COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND MEMBER, MACT-IV AT VIJAYAPURA, IN M.V.C NO.
778/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. A common award is passed in MVC No.700/2017
and MVC No.778/2017 on 17.09.2021 by the Member, MACT
No.IX, Vijayapura (for short 'the tribunal'). MFA
No.203869/2023 is filed against the award passed in MVC
No.778/2017.
2. The claimant/appellant in MVC No.778/2017 has
filed claim petition seeking compensation of Rs.10,00,000/-
along with interest. The tribunal after considering the entire
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HC-KAR
evidence on record has awarded a sum of Rs.65,100/- along
with interest at the rate of 6% per annum from the date of
petition till the date of realization. Aggrieved by the said
order, the claimant/appellant has contended that, meager
amounts were granted for pain and sufferings and on other
heads. P.W.9 the Doctor was examined by the claimant and
he assessed the disability as 10% in respect of Maxilla. But
the same was not considered. Learned counsel for the
claimant submits that, the interest is to be granted at the
rate of 9% per annum. As per Ex.P.11 the claimant sustained
fracture of anterior maxilla affects his future enjoyment of
life and affects his face structure. As per the wound
certificate the claimant sustained, Dentoalveolar fracture of
premaxilla with fracture central and lateral incisors;
comminuted fracture of anterior maxilla involving the
alveolar process against the Incisors teeth with adjacent solf
tissue swelling visualized sections abrasion shows normal
attenuation values. Considering the evidence of P.W.2 and
the nature of injuries sustained by the claimant and the
disability assessed by the Doctor this Court finds it
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HC-KAR
reasonable to take disability at 5%. The claimant met with
accident on 16.06.2017 and his income is to be taken at
Rs.10,250/- as per the guidelines of the Karnataka State
Legal Services Authority. Hence, the loss of future earning
capacity would comes to :
Rs.10,250/- X 12 X 14 X 5% = Rs.86,100/-.
3. The tribunal awarded a sum of Rs.30,000/-
towards pain and suffering and Rs.30,000/- towards loss of
amenities and it needs no interference. This Court finds it
reasonable to award a sum of Rs.30,000/- towards
transportation, extra nourishment and attendant charges.
The tribunal has awarded a sum of Rs.3,600/- towards
medical expenses. The same needs no interference. The
claimant might have not attended any work for at least three
months due to the injuries sustained by him. Hence, a sum
of Rs.30,750/- (Rs.10,250/- X 3 months) is awarded towards
loss of income during laid up period.
4. Hence, the total compensation is as follows:
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HC-KAR
Sl.No. Heads of compensation Amount
1 Loss of future earning Rs.86,100/-
2 Pain and sufferings Rs.30,000/-
3 Loss of amenities Rs.30,000/-
4 Transportation, extra Rs.30,000/-
nourishment and attendant
carges
5 Loss of income during laid up Rs.30,750/-
period
6 Medical expenses Rs.3,600/-
Total Rs.2,10,450/-
5. Learned counsel for the respondent No.1 submits
that, the compensation amount awarded by the tribunal has
been already deposited.
6. Accordingly the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled to total
compensation of Rs.2,10,450/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization as against
Rs.65,100/- awarded by the tribunal:
(iii) The respondent No.1 is directed to
deposit the enhanced compensation of
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HC-KAR
Rs.1,45,350/- along with interest within a period
of one month from the date of this order;
(iv) On such deposit, the claimant is
permitted to withdraw the entire amount along
with interest accrued thereon;
(v) The claimant is not entitle for interest
for the delayed period of 500 days in preferring
the appeal.
Sd/-
(P SREE SUDHA)
JUDGE
SVH
