Karnataka High Court
K.Sadiq S/O. Late K Babu Sab vs Sri.Dombal Jindi Saheb on 27 October, 2025
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NC: 2025:KHC-D:14304
MFA No. 100494 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 27TH DAY OF OCTOBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.100494 OF 2019 (MV-I)
BETWEEN:
K. SADIQ S/O. LATE K. BABU SAB
ALIAS K. MABU SAB ALIAS K. BABU SAHED,
AGED ABOUT 37 YEARS,
OCC: EX-DRIVER,
R/O. BEHIND NOORANI MASZID,
S.R. NAGAR, HOSAPETE,
PRESENTLY R/O. NEAR SELECT FUNCTION HALL,
COWL BAZAAR, BALLARI-583101.
...APPELLANT
GIRIJA A. (BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
BYAHATTI
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
COURT OF
AND:
KARNATAKA
DHARWAD BENCH
DHARWAD
1. SRI. DOMBAL JINDI SAHEB,
S/O. D. ABDUL SAB,
AGED ABOUT 37 YEARS,
DRIVER OF THE HYWA TIPPER LORRY
BEARING REG.NO. KA-35/A-8633,
R/AT MADRA STREET,
HOSAPETE, BALLARI-583101.
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MFA No. 100494 of 2019
HC-KAR
2. THE PARTNER
M/S. LAKSHMI VENKATESHWARA MINERALS,
OWNER OF THE HYWA TIPPER LORRY
BEARING REG.NO. KA-35/8633,
R/O. OPPOSITE MBT PETROL BUNK,
BALLARI ROAD, HOSAPETE,
BALLARI-583101.
3. M/S. BHARATI AXA GENERAL
INSURANCE CO. LTD.,
BY ITS MANAGER,
PLOT NO.3/9, GROUND FLOOR,
NIRANJAN BUILDING, WARD NO.16,
DR. RAJKUMAR ROAD, BALLARI-583101.
...RESPONDENTS
(BY SRI. MALLIKARJUN MADANALLI, ADVOCATE FOR
SRI. NAGARAJ C. KOLLOORI, ADVOCATE;
R1 & R2-NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO CALL FOR THE LOWER COURT
RECORDS IN M.V.C.NO.372/2016 DATED 13-11-2018 ON FILE
OF AND MOTOR ACCIDENT CLAIM TRIBUNAL-11TH AND 2ND
ADDITIONAL SENIOR CIVIL JUDGE AT BALLARI; ENHANCE THE
COMPENSATION FROM RS.3,21,458/- RS. 14,50,000/- M.V.C.
NO.372/2016 DATED 13-11-2018 ON FILE OF AND MOTOR
ACCIDENT CLAIM TRIBUNAL-11TH AND 2ND ADDITIONAL SENIOR
CIVIL JUDGE AT BALLARI IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:14304
MFA No. 100494 of 2019
HC-KAR
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri Manjunatha G. Patil learned counsel for the
appellant as well as Sri Nagaraj C. Kolloori learned counsel
for respondent No.3.
2. The appellant who admittedly sustained grievous
injuries in a road traffic accident that occurred in the year
2015, filed a petition claiming compensation of
Rs.14,50,000/- in total. The Motor Accident Claims Tribunal-
XI, Ballari, which dealt with the case as MVC 372 of 2016
rendered orders on 13.11.2018 awarding a sum of
Rs.3,21,458/- as compensation. The version of the
appellant is that he is entitled for a higher sum.
3. Learned counsel for the appellant made his
submission on two pertinent points. Firstly in respect of
assessment of permanent physical disability by the tribunal
and secondly in respect of non-awarding any compensation
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towards 'pain and suffering'. So far as first aspect is
concerned, learned counsel submits that there was
amputation of four fingers of the left hand. Learned counsel
states that the appellant was a driver by profession and loss
of fingers resulted in total loss of livelihood and therefore
the functional disability in respect of whole body is required
to be considered as 100%.
4. Disputing the submission thus made, learned
counsel for respondent No.3 states that though the
appellant sustained injuries to four fingers, amputation was
done partially in respect of three fingers only. Learned
counsel states that the tribunal therefore is justified in
taking the disability in respect of whole body as 13%.
5. The driving licence produced by the appellant is
not in dispute. Further the accident occurred while the
appellant was a driver of the lorry and while he was
changing the stepney of the lorry. Even if it is taken into
consideration that the appellant lost only three fingers of
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the left hand as contented by learned counsel for
respondent No.3, it would be highly difficult for him to
continue his profession as lorry driver. Therefore this Court
is of the view that the disability in respect of whole body is
required to be taken as 20%. Thus, on taking the disability
in respect of whole body as 20% and without disturbing
other parameters i.e. the national income as Rs.8,000/- per
month and the appropriate multiplier to be applied as '16',
the compensation which the appellant is entitled to receive
under the head 'loss of future earnings' is Rs.3,07,200/-
(8,000x12x16x20%). However the tribunal granted a sum
of Rs.1,99,680/- only under the head loss of future
earnings. Thus the enhancement will be Rs.1,07,520/-
(Rs.3,07,200/- minus Rs.1,99,680/-).
6. Now coming to the aspect of award of
compensation under the head, 'pain and suffering', as
rightly submitted by learned counsel for the appellant, no
amount is awarded under the said head. The amount
incurred towards medical expenses i.e. Rs.61,778/- was
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awarded by the tribunal under the head 'pain and suffering'.
However considering the nature of injuries sustained, this
Court is of the view that the appellant is entitled to a sum of
Rs.35,000/- towards 'pain and suffering'. Thus the total
amount which the appellant is entitled to receive as
compensation in addition to the sum that is awarded by the
Tribunal is Rs.1,42,520/- (Rs.1,07,520/- Plus Rs.35,000/-).
Therefore the appeal is disposed of with the following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is granted by the
Motor Accident Claims Tribunal-XI, Ballari
through orders in MVC 372 of 2016 dated
13.11.2018 is enhanced by Rs.1,42,520/-
(iii) The enhanced sum shall carry interest at the
rate of 6% per annum from the date of
petition till the date of deposit.
(iv) Respondent No.3 is directed to deposit the
enhanced sum within a period of 8 weeks
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from the date of receipt of certified copy of
this judgment.
(v) On such deposit, appellant is permitted to
withdraw the entire amount.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
CT-MCK
