Karnataka High Court
Rajasab vs Nasik Ali And Shaikh Anr on 5 November, 2025
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NC: 2025:KHC-K:6577
MFA No. 201071 of 2022
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. 201071 OF 2022 (MV-I)
BETWEEN:
RAJASAB
S/O. SOFI SAB,
AGE 42 YEARS, OCC.HOTEL BUSINESS
AND MILK DISTRIBUTOR,
R/O H.NO.5-4-55, NETAJI NAGAR,
TQ. AND DIST.RAICHUR.
...APPELLANT
(BY SRI. BASAVARAJ R MATH, ADVOCATE)
AND:
1. NASIK ALI AND SHAIKH
Digitally signed
by SUMITRA S/O. KARIM SHAIK,
SHERIGAR AGE MAJOR, OCC.OWNER, C/O DRIVER,
Location: HIGH MOTORCYCLE NO.KA-36/EK-7544,
COURT OF
KARNATAKA R/O H.NO.5-4-122, NETAJI NAGAR,
TQ AND DIST.RAICHUR-585401.
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD.,
ALAHABAD BANK NEAR SURAKSHA HOSPITAL,
RAICHUR-585401.
...RESPONDENTS
(BY SRI. MOHD. ABDUL QUAYUM, FOR R2;
R1 DISPENSED WITH V/O. DTD 29.06.2022)
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NC: 2025:KHC-K:6577
MFA No. 201071 of 2022
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO
CALL FOR RECORDS AND MODIFY THE IMPUGNED JUDGMENT
AND AWARD DATED 04.12.2021 PASSED BY THE PRL.
DISTRICT SESSIONS JUDGE AND MACT AT RAICHUR IN MVC
NO. 250/2020, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL 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 filed by the claimant against the
Judgment and award dated 04.12.2021 in MVC No.250/2020 by
the Principal District and Sessions Judge and MACT, Raichur,
(for short 'the tribunal'), seeking enhancement of the
compensation.
2. The injured claimant met with accident on
16.01.2020. He was aged 40 years at the time of the accident
and was doing Hotel business and milk vending business. He
took treatment in the Hospital. He filed claim petition seeking
compensation before the tribunal. The tribunal after considering
the entire evidence on record has awarded compensation of
Rs.3,68,000/- along with interest at the rate of 6% per annum
from the date of petition till the date of realization. Aggrieved
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HC-KAR
by the said Judgment and award this appeal is filed by
contending that, the claimant sustained fracture of
"Intertrochanteric fracture right hip". The claimant admitted to
the hospital on 17.01.2020 and discharged on 20.01.2020 i.e.
for a period of three days. The Doctor assessed the disability
at 20% to the whole body, but the same was not considered by
the tribunal. The claimant produced Ex.P.12 to Ex.P.18 to show
his income is Rs.2,00,000/- per month. But the tribunal has
considered only a sum of Rs.13,250/- per month and thus
requested for enhancement of the compensation.
3. Heard the arguments of learned counsels from both
sides.
4. The claimant was aged 40 years and he was doing
milk vending business and he filed trade license certificate at
Ex.P.15 and also Income Tax returns for the year 2017-2018,
2018-2019 and 2019-2020. The claimant has also produced
Ex.P.12 to Ex.P.18 to prove his occupation and income. He met
with accident on 16.01.2020. But as per the Ex.P.16 i.e.
Registration Certificate his wife was running the business.
P.W.14 to P.W.15 i.e. license is issued to run the hotel business
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HC-KAR
as his wife took care of the business and has not suffered any
loss of income and thus his income is taken by the tribunal at
Rs.13,250/- as per the guidelines of Karnataka State Legal
Services Authority. Considering the age and other relevant
documents, this Court finds it reasonable take the income of
the claimant at Rs.30,000/- per month. The claimant sustained
tenderness over right left hip and restricted movements and
painful joint movements and as per the X-ray, he sustained
"Intertrochanteric fracture right hip". He was hospitalized for
three days as per Ex.P.8. The Doctor assessed the disability at
20%. As per Ex.P.9, there is no shortening in the limb. The
tribunal has observed that, he is not a treated Doctor, as such,
the disability assessed by him is not considered. But this Court
finds it reasonable to take 1/3rd of 20% i.e. 7% disability for
the purpose of calculation of the compensation. He was aged
40 years as on the date of the accident and the multiplier is to
be taken at '15'. Hence, the loss of income is as under:
Rs.30,000/- X 12 X 15 X 7% = Rs.3,78,000/-.
5. The tribunal has awarded a sum of Rs.1,50,000/-
towards medical expenses. The same is correct and needs no
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HC-KAR
interference. Further the tribunal has awarded a sum of
Rs.50,000/- towards pain and sufferings, Rs.50,000/- towards
loss of amenities, Rs.30,000/- towards future surgery costs.
The same are correct and needs no interference by this Court.
6. The total compensation would be as under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.3,78,000/-
2 Medical expenses Rs.1,50,000/-
3 Pain and sufferings Rs.50,000/-
4 Loss of amenities Rs.50,000/-
5 Transportation, extra Rs.35,000/-
nourishment and
attendant charges
6 Loss of income during laid Rs.53,000/-
up period
7 Future surgery costs Rs.30,000/-
Total Rs.7,46,000/-
7. Learned counsel for the Insurance company submits
that, the amount awarded by the tribunal has been deposited
before the tribunal.
8. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitle to total
compensation of Rs.7,46,000/- along with interest at
the rate of 6% per annum from the date of petition
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HC-KAR
till realization, as against Rs.3,68,000/- awarded by
the tribunal;
(iii) The respondent No.2 is directed to
deposit the enhanced compensation of Rs.3,78,000/-
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 compensation
amount along with interest accrued thereon.
sd/-
(P SREE SUDHA)
JUDGE
SVH
