Karnataka High Court
Reshma Parveen W/O Shaikh Mohammed ... vs Adiveppa S/O Prakash And Anr on 29 October, 2025
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NC: 2025:KHC-K:6378
MFA No. 200214 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200214 OF 2023 (MV-I)
BETWEEN:
RESHMA PARVEEN
W/O. SHAIKH MOHAMMED JEELANI
AGE 48 YEARS, OCC.TAILOR, NOW NIL,
R/O H.NO.5-330, NEAR AKBAR HUSSAINI MASJID,
KALA HUDA ROZA K DARGA ROAD,
KALABURAGI.
NOW RESIDING AT DANDOTI VILLAGE,
TQ. CHITTAPUR, DIST. KALABURAGI.
...APPELLANT
(BY SMT. TABBASUM SULTANA, ADVOCATE)
AND:
Digitally signed
by SUMITRA 1. ADIVEPPA S/O. PRAKASH,
SHERIGAR AGE MAJOR, OCC. OWNER OF MOTORCYCLE
Location: BEARING NO. KA 25/ET-5293,
HIGH COURT R/O BHUSNOOR, TQ. ALAND,
OF
KARNATAKA DIST. KALABURAGI-585302.
2. THE RELIANCE GENERAL INSURANCE CO. LTD.,
THROUGH ITS DIVISIONAL MANAGER,
3RD FLOOR, ASIAN PLAZA, TIMMAPURI CIRCLE,
MAIN ROAD, KALABURAGI-585102.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2;
V/O. DATED 07.02.2023, NOTICE TO R1 D/W)
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NC: 2025:KHC-K:6378
MFA No. 200214 of 2023
HC-KAR
THIS MFA FILED U/S 173(1) OF MV ACT, PRAYING TO A)
EXERCISE ITS APPELLATE JURISDICTION, CALL FOR THE
ENTIRE LOWER COURT RECORDS AND MODIFY THE JUDGMENT
AND AWARD DATED 21-4-2022 PASSED BY THE LEARNED
SENIOR CIVIL JUDGE AND MACT AT CHITTAPUR, IN MVC
NO.929/2019 BY ENHANCING THE COMPENSATION AMOUNT
AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY.
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 21.04.2022 by the Senior
Civil Judge and MACT, Chittapur (for short 'the tribunal'),
seeking enhancement of the compensation amount awarded
by the tribunal.
2. The claimant met with accident on 16.05.2019
and suffered injuries. He was aged 45 years as on the date
of the accident. He was earning a sum of Rs.15,000/- from
tailoring work. The claimant filed claim petition seeking
compensation of Rs.27,50,000/- along with interest at the
rate of 12% per annum. The tribunal considering the entire
evidence on record, awarded a sum of Rs.7,74,800/- along
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with interest at the rate of 6% per annum from the date of
petition, till the date of realization. Being aggrieved by the
said Judgment and award, the claimant preferred the present
appeal and contended that, the income of the claimant has
been wrongly taken by the tribunal. The tribunal has
considered the age group of the claimant between 46 to 50
years, instead of 41 to 45 years as per the evidence of P.W.2
the Doctor. He submits that, the amounts granted under
other heads are also on lesser side. Therefore, he seeks to
enhance the compensation awarded by the tribunal.
3. Though the petitioner stated that, she was
earning a sum of Rs.15,000/- per month, she has not
produced any income proof. She met with accident on
16.05.2019. As per the guidelines of the Karnataka State
Legal Services Authority, income of the claimant has to be
taken at Rs.13,250/- per month. P.W.2 Doctor assessed the
disability at 69% to the whole body and the tribunal has
considered the disability at 35% as permanent physical
disability to the whole body. In the discharge card, age of
the claimant is mentioned as 45 years. Therefore,
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considering the same, the multiplier is to be taken at '14'.
Hence, the loss of future income would be as under:
Rs.13,250/- X 12 X 14 X 35% = Rs.7,79,100/-
4. The tribunal has awarded a sum of Rs.1,00,000/-
towards pain and sufferings. The same is correct and needs
no interference. Due to the injuries, the claimant might not
have attended any work for at least three months. Hence, it
would be proper to award a sum of Rs.39,750/- (Rs.13,250/-
X 3 months) towards loss of income during laid up period. A
sum of Rs.40,000/- is awarded for transportation, extra
nourishment and attendant charges. The compensation
amount granted under the head medical expenses in view of
Ex.P.12 and Ex.P.13 in a sum of Rs.36,000/- is proper and
needs no interference. A sum of Rs.25,000/- is awarded
under the head loss of amenities. Hence, the total
compensation would be as under:
Sl.No. Heads of compensation Amount
1 Loss of future income Rs.7,79,100/-
2 Pain and suffering Rs.1,00,000/-
3 Loss of income during laid up Rs.39,750/-
period
4 Transportation, extra nourishment Rs.40,000/-
and attendant charges
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5 Medical bills Rs.36,000/-
6 Loss of amenities Rs.25,000/-
Total Rs.10,19,850/-
5. Learned counsel for the Insurance company
submits that, the compensation amount awarded by the
tribunal has been deposited.
6. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The compensation amount awarded by
the tribunal in a sum of Rs.7,74,800/- is enhanced
to Rs.10,19,850/- along with interest at the rate
of 6% per annum from the date of petition till the
date of realization;
(iii) Insurance company is directed to
deposit the enhanced compensation of
Rs.2,45,050/- along with interest, within one
month from the date of this order;
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(iv) On such deposit, the claimant is
permitted to withdraw the entire amount along
with interest accrued on it.
sd/-
(P SREE SUDHA)
JUDGE
SVH
