Karnataka High Court
Yousuf S/O Abdul Razzak vs Kalyanrao And Anr on 5 November, 2025
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NC: 2025:KHC-K:6549
MFA No. 202654 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202654 OF 2019 (MV-I)
BETWEEN:
YOUSUF S/O. ABDUL RAZZAK,
AGE: 29 YEARS, OCC: SKILED WORK,
CONSTRUCTION OF BUILDING, NOW NIL,
R/O: MALEGAON, TQ: & DIST: BIDAR-584101.
...APPELLANT
(BY SRI. BABU H METAGUDDA,ADVOCATE)
AND:
1. KALYANRAO
S/O. HANUMANTHRAO,
AGE: MAJOR, OCC: BUSINESS,
Digitally signed R/O: H.NO. 9-12-95,
by SUMITRA GURU NAGAR COLONY, BIDAR-584101.
SHERIGAR
Location: HIGH 2. THE MANAGER
COURT OF
KARNATAKA SHRIRAM GENERAL INSURANCE CO. LTD.,
BRANCH OFFICE NO. 302, 3RD FLOORS & S CORNER,
BUILDING FLOWER PLOT NO. 48, HOSPITAL ROAD,
OPP: BOWRING LADY CURZON HOSPITAL,
SHIVAJI NAGAR, BANGALORE-585101.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O. DATED 07.01.2021, NOTICE TO R1 D/W)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) CALL FOR THE RECORDS IN MVC NO.572/2015 ON THE FILE
OF THE ADDL. MACT AND PRL. SENIOR CIVIL JUDGE AND CJM
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MFA No. 202654 of 2019
HC-KAR
AQT BIDAR. B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED 18.07.2018 PASSED IN MVC
NO. 572/2015 BY ADDL. MACT AND PRL. SENIOR CIVIL JUDGE
AND CJM AT BIDAR AND ENHANCING THE COMPENSATION
FROM 8,59,694/- WITH 6% INTEREST TO RS. 20,00,000/-
WITH 12% INTEREST.
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. This appeal is preferred by the claimant against
the Judgment and award dated 18.07.2018 in MVC
No.572/2015 by the Additional MACT and Principal Senior
Civil Judge and CJM, Bidar (for short 'the tribunal') seeking
enhancement of the compensation.
2. The injured claimant filed claim petition before
the tribunal seeking compensation of Rs.20,00,000/- along
with interest at the rate of 18% per annum. The tribunal
after considering the entire evidence on record, awarded
sum of Rs.8,59,694/- along with interest at the rate of 9%
per annum from the date of petition till the date of
realization. Aggrieved by the said Judgment and award, the
claimant preferred the present appeal and mainly contended
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that, the amounts granted under the Judgment and award
are adequate.
3. It is stated that, the claimant was earning a sum
of Rs.24,000/- by labour work and he was 25 years as on the
date of the accident. The Doctor assessed the disability at
42% to the right limb, but the tribunal considered 20%.
Since the claimant is a skilled labourer, he cannot do labour
work after the accident and thus, the functional disability is
to be taken at 100%. Further learned counsel for the
claimant/appellant submits that, the amounts granted under
different heads are meager and therefore, requests for
enhancement of the compensation.
4. Though the claimant has stated that, he was
earning a sum of Rs.24,000/- he has not produced any
income proof. He met with accident on 06.02.2015. As per
the guidelines of the Karnataka State Legal Services
Authority, for the year 2015, his income is to be taken at
Rs.8,000/- per month. The claimant has produced wound
certificate marked at Ex.P.4. The wound certificate shows
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that, the claimant suffered crush injuries to right anke
measuring 10X6 cm cut and lacerated injuries to right leg
measuring 4X3 and 4X2 cm, compound fracture of tibia and
fibula, degloving right ankle and fracture of 2nd and 4th
metatarsal of right foot. The claimant has not produced the
X-ray report. As per the disability certificate marked at
Ex.P.19, the Doctor observed that, the claimant suffered
healed operative sca over right leg and foot tenderness
present antalgic gait present shortening of 2 cms present. As
per the Radiology report dated 06.01.2018 there is
malunited fracture of tibia and fibula. Considering the above
aspects, this Court finds it reasonable to consider the
disability at 25% instead of 20%. Hence, the loss of future
earning capacity be as under:
Rs.8,000/- X 12 X 15 X 25% = Rs.3,60,000/-.
5. The tribunal awarded a sum of Rs.4,12,694/-
towards medical expenses which needs no interference. The
claimant was hospitalized for 15 days. Considering the
nature of injuries, occupation of the claimant and other
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relevant factors, this Court finds it reasonable to grant a sum
of Rs.75,000/- towards pain and sufferings. A sum of
Rs.25,000/- towards loss of amenities and a sum of
Rs.48,000/- towards loss of income during laid up period is
already awarded by the tribunal, hence, needs no
interference. This Court finds it reasonable to award a sum of
Rs.30,000/- towards transportation, extra nourishment and
attendant charges. Hence, the total compensation would be
as under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.3,60,000/-
2 Pain and sufferings Rs.75,000/-
3 Loss of amenities Rs.25,000/-
4 Loss of income during laid up Rs.48,000/-
period
5 Transportation, extra Rs.30,000/-
nourishment and attendant
charges
6 Medical expenses Rs.4,12,694/-
Total Rs.9,50,694/-
6. The claimant is entitled for total compensation of
Rs.9,50,694/- along with interest at the rate of 6% per
annum from the date of petition till the date of realization, as
against Rs.8,59,694/- awarded by the tribunal.
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7. Learned counsel for the Insurance company
submits that, the Insurance company has deposited the
compensation amount along with interest awarded by the
tribunal.
8. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitled for total
compensation of Rs.9,50,694/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization, as against
Rs.8,59,694/- awarded by the tribunal;
(iii) The Insurance company is directed to
deposit the enhanced compensation of Rs.91,000/-
along with interest within a period of one month
from the date of this petition;
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(iv) On such deposit, the claimant is
permitted to withdraw the entire compensation
amount along with interest accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH
