Karnataka High Court
Maheboob Patel vs Zulfakar And Anr on 9 October, 2025
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NC: 2025:KHC-K:5964
MFA No. 201897 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO.201897 OF 2022 (MV-I)
BETWEEN:
MAHEBOOB PATEL S/O MASHAK PATEL,
AGE: 52 YEARS,
OCC: EX. LORRY OWNER CUM DRIVER,
R/O H.NO.7-22, SHANT NAGAR,
BHANKUR SHAHABAD, TQ. CHITTAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SRI. SANJEEV PATIL, ADVOCATE)
AND:
Digitally signed 1. ZULFAKAR S/O MD. MOINUDDIN,
by SUMITRA AGE: 47 YEARS, OCC: OWNER OF BAJAJ
SHERIGAR
Location: HIGH
PULSAR MOTOR CYCLE NO.KA-32/Y-0178,
COURT OF R/O H.NO.1041/G2, MSK MILL,
KARNATAKA JEELANABAD, KALABURAGI-585 103.
2. THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
SANGAMESHWAR NAGAR,
KALABURAGI-585 102.
...RESPONDENTS
(BY SRI. SHARANABASAPPA M. PATIL, ADV. FOR R2;
V/O DTD. 28.10.2022, NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 201897 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 03.05.2021 PASSED BY THE LEARNED
PRINCIPAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI
IN MVC NO.1215/2019 BY ENHANCING THE COMPENSATION
AMOUNT AS PRAYED FOR AND TO HOLD BOTH THE
RESPONDENTS JOINTLY AND SEVERALLY LIABLE TO PAY THE
ENHANCED COMPENSATION TO THE APPELLANT.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE P SREE SUDHA)
Though the appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up
for final disposal.
2. Heard the arguments of both sides.
3. This appeal is filed against the judgment and
award dated 03.05.2021 passed by the Principal Senior
Civil Judge and MACT, Kalaburagi, in MVC No.1215 of
2019.
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4. The facts of the case are that, on 28.09.2019,
while the claimant was proceeding on motorcycle bearing
registration No.KA.32/Y-0178 as a pillion rider from Aland
Check Post to his house at MSK Mill Road, Kalaburagi, the
rider of the motorcycle rode it in high speed and rash and
negligent manner and lost control over the same and
thereby caused the accident, as a result of which, claimant
sustained grievous injuries on his person.
5. The injured claimant aged 55 years, filed a
claim petition before the Tribunal claiming compensation
of Rs.12,75,000/-. The Tribunal, considering the entire
evidence on record, granted compensation of
Rs.3,74,000/- with interest at 6% p.a. from the date of
petition till realisation and directed respondent No.2-
Insurance Company to deposit the same.
6. Aggrieved by the said judgment of the Tribunal,
the injured claimant has preferred this appeal.
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7. Learned counsel for the appellant submitted
that, the Tribunal awarded meagre amount under the
heads of pain and suffering, medical expenses, diet,
attendant charges, loss of future earning capacity, loss of
amenities and loss of income during laid up period and the
same is required to be enhanced. He further submits that,
instead of taking income of the claimant at Rs.15,000/-
per month, the Tribunal has taken it as Rs.13,250/- per
month and disability was taken as only 8%. It is stated
that, the appellant is owner cum driver.
8. Learned counsel for respondent No.2-Insurance
Company submitted that, there is no evidence filed by the
appellant to prove that he is the owner or driver of the
vehicle.
9. As per Ex.P6 - Wound Certificate, Exs.P7 and P8
- Discharge Cards and also the evidence of PW.2, the
appellant sustained fracture of lower end of right radius
and ulna, which is grievous in nature. It is stated that, he
was admitted in the hospital on 28.08.2019 and
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discharged on 03.09.2019. He cannot hold/lift any big
objects; right hand fingers cannot be folded completely;
there is stiffness of right hand joints and right wrist. He
cannot do hard work with right hand; there is malunited
fracture of distal 3rd right radius and ulna with implants in
situ and right 1st metacarpal and thus, the doctor has
assessed the disability at 30%. The Tribunal has
considered the disability at 8%. But, the appellant is
entitled to 1/3rd of the disability assessed by the doctor
i.e., 10%. However, the learned counsel for the appellant
requested to enhance it to 12% on the ground that the
appellant cannot drive the vehicle. The said submission is
objected by the learned counsel for respondent No.2 on
the ground that, there is no evidence to show that the
appellant is a driver. Therefore, this Court finds it
reasonable to consider the disability at 10% i.e., 1/3rd of
the disability assessed by the doctor.
10. Though it is stated that the appellant was
earning Rs.15,000/- per month, he has not produced any
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HC-KAR
income proof. Therefore, the Tribunal has rightly
considered his income at Rs.13,250/- per month as per
the guidelines stipulated by the Karnataka Sate Legal
Services Authority. The multiplier of 11 adopted by the
Tribunal is just and proper. Thus, the compensation
towards loss of future earning would come to Rs.13,250 x
12 x 11 x 10% = Rs.1,74,900/-.
11. The amount awarded by the Tribunal towards
medical expenses to the tune of Rs.1,42,650/- is just and
proper and it needs no interference.
12. The appellant was admitted in the hospital for
12 days. Considering the nature of injuries, this Court
finds it reasonable to grant an amount of Rs.60,000/- for
pain and suffering, Rs.25,000/- for loss of amenities and
Rs.30,000/- for transportation, extra nourishment and
attendant charges.
13. It is stated that, the appellant could not attend
any work at least for a period of three months due to the
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injuries sustained. Therefore, this Court finds it reasonable
to grant an amount of Rs.39,750/- for loss of income
during laid up period (Rs.13,250 x 3).
14. PW.2-Doctor in his evidence stated that, the
appellant is required Rs.40,000/- for removal of implants.
Hence, this Court finds it reasonable to grant an amount of
Rs.25,000/- for future medical expenses.
15. Hence, the appellant is entitled for the modified
compensation under different heads as below:
Pain and suffering Rs.60,000/-
Medical expenses Rs.1,42,650/-
Future medical expenses Rs.25,000/-
Transportation, extra nourishment, Rs.30,000/-
and attendant charges
Loss of income during laid up period Rs.39,750/-
Loss of future earnings Rs.1,74,900/-
Loss of amenities Rs.25,000/-
Total Rs.4,97,300/-
Less: awarded by Tribunal Rs.3,74,000/-
Enhancement Rs.1,23,300/-
Thus, the appellant is entitled for enhanced
compensation of Rs.1,23,300/- with interest at 6% per
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annum and therefore, the appeal deserves to be allowed in
part.
16. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The appellant/claimant is entitled for the
enhanced compensation of Rs.1,23,300/- with interest at
6% per annum from the date of petition till the date of
realisation .
(iii) Respondent No.2-Insurance Company is
directed to deposit the aforesaid compensation amount
within one month from the date of this judgment.
(iv) On such deposit, the appellant is permitted to
withdraw the entire amount along with interest accrued on
it.
Sd/-
(P SREE SUDHA)
JUDGE
LG
