Karnataka High Court
Mohd. Jubair vs Shakil And Anr on 6 November, 2025
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NC: 2025:KHC-K:6598
MFA No. 201780 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 201780 OF 2022 (MV-I)
BETWEEN:
MOHD. JUBAIR
S/O. MD YOUSUF ALI BHAGWAN,
AGE 37 YEARS, OCC. BUSINESS,
R/O CHITGUPPA, NOW RESIDING AT MIJAGORI,
KALABURAGI-585102.
...APPELLANT
(BY SRI BABU H METAGUDDA, ADVOCATE)
AND:
1. SHAKIL
S/O. ISMAIL SHAIKH,
Digitally signed
by SUMITRA AGE 57 YEARS, OCC. BUSINESS,
SHERIGAR R/O 307, MUSLIM PACHHA PETH, SOLAPUR,
Location: HIGH MAHARASHTRA-413001.
COURT OF
KARNATAKA
2. THE MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
SHOLAPUR. THROUGH ITS BRANCH MANAGER,
(CLAIMS DEPARTMENT)
V.K KALABURAGI MANSION, 4TH FLOOR,
OPP. MUNICIPAL CORPORATION,
LAMINGTON ROAD, HUBLI-585102.
...RESPONDENTS
(BY SRI. SUDARSHAN M. ADV. FOR R2;
V/O. DTD 08.02.2024, NOTICE TO R1 DISPENSED WITH)
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MFA No. 201780 of 2022
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
A) CALL FOR THE RECORDS IN MVC NO. 89/10 ON THE FILE OF
THE I ADDL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI.
B) ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND
AWARD DATED 11.06.2015 PASSED IN MVC NO. 89/2010 BY
THE I ADDL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI
AND ENHANCING THE COMPENSATION FROM RS, 1,99,010/-
WITH 6% INTEREST TO RS, 12,00,000/- WITH 12% INTEREST.
THIS APPEAL COMING ON FOR ORDES, 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 11.06.2015 in MVC No.89/2010
by the I Additional Civil Judge and MACT, Kalaburagi (for
short 'the tribunal') seeking compensation.
2. The injured-claimant aged 25 years met with
accident on 24.08.2009 and taken treatment in the Hospital.
He filed claim petition seeking compensation of
Rs.12,00,000/- before the tribunal. The tribunal after
considering the entire evidence on record has awarded a
sum of Rs.1,99,000/- along with interest at the rate of 6%
per annum from the date of petition till the date of
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realization. The respondent No.1-owner of the vehicle was
held liable to pay the compensation along with interest
within a period of 30 days from the date of the said order.
Being aggrieved by the said Judgment and award, the
claimant preferred the present appeal seeking enhancement
of the compensation amount.
3. It is contended that, though P.W.2 the Doctor has
assessed the disability of the claimant at 23%, the tribunal
has taken only 8%. Further it is also contended that, the
amounts granted under other heads are also on lower side
and are inadequate. The tribunal has also considered the
income of the claimant at Rs.6,000/- which is on lower side.
Thus, requests for enhancement of the compensation.
4. In the claimant petition it was stated that, the
claimant was aged 23 years as on the date of the accident
and was doing business and earning a sum of Rs.20,000/-
per month. But he has not produced any income proof to
show his income. Though the claimant has not produced any
income, considering the year of accident the tribunal has
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rightly considered a sum of Rs.6,000/- per month as his
income, which requires no interference by this Court. As per
Ex.P.3, the wound certificate the claimant sustained closed
fracture of left lower 1/3rd of femur and abrasion over knee
joint region. He examined Doctor as P.W.2. The Doctor
assessed the disability of the claimant at 23.6% as per
Ex.P.9. The tribunal has correctly taken 1/3rd of the same i.e.
8% and it needs no interference. As the claimant was aged
24 years as on the date of the accident the multiplier is to be
taken at '18' and the loss of future earning capacity awarded
by the tribunal is Rs.6,000/- X 12 X 18 X 8% =
Rs.1,03,680/-. The tribunal has awarded a sum of
Rs.31,410/- towards medical expenses which needs no
interference. The claimant was admitted in the hospital for
12 days. Considering the occupation of the claimant, age,
nature of the injuries, and period of hospitalization, and
other facts this Court finds it reasonable to award a sum of
Rs.60,000/- towards pain and sufferings, Rs.25,000/-
towards loss of amenities and Rs.30,000/- towards
transportation, extra nourishment and attendant charges. He
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might have not attended any work for at least a period of
three months. Hence, he is entitle for a sum of Rs.38,000/-
(Rs.6,000/- X 3) under the head of loss of income during laid
up period.
5. The total compensation would be as under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.1,03,680/-
2 Medical expenses Rs.31,410/-
3 Pain and sufferings Rs.60,000/-
4 Loss of amenities Rs.25,000/-
5 Loss of earning during laid up Rs.18,000/-
period
6 Transportation, extra nourishment Rs.30,000/-
and attendant charges
Total Rs.2,68,090/-
6. The tribunal has observed that, owner of the
offending vehicle has permitted the vehicle to ply the vehicle
beyond territorial jurisdiction mentioned in the Insurance
policy, which amounts to violation of the permit conditions.
As per Ex.R.4, the vehicle was registered in Maharastra State
and from the evidence of R.W.3, the vehicle was permitted
by the RTO, Solapur to ply the vehicle in the Maharastra
State only. But the accident has occurred in the jurisdiction
of Karnataka. The owner of the vehicle has permitted the
vehicle to ply in the Karnataka State which is violation of the
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policy condition. Hence, in view of the said violation of policy
condition, the tribunal has exonerated the Insurance
company from payment of the compensation and directed
the owner of the vehicle to deposit the compensation
amount.
7. As per the citation i.e. Civil Appeal Nos.9078-
9079/2017, [Rani others Vs. National Insurance
Company Ltd., and others], the Insurance company is
liable to pay the compensation and later recover the said
compensation from the owner of the vehicle, even in case of
permit violation.
8. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitle to total
compensation of Rs.2,68,090/- along with interest
at the rate of 6% per annum from the date of
petition till the date of realization, as against
Rs.1,99,000/- awarded by the tribunal;
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(iii) In view of the finding above, the
Insurance company is directed to pay the total
compensation along with interest to the claimant
and later at liberty to recover the same from the
owner of the vehicle by due process of law.
(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
