Karnataka High Court

Shriram General Insurance Co. Ltd vs Mehtab Sab@ Mohd. Metahab Qureshi And ... on 11 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                       MFA No. 200634 of 2019
                                              C/W MFA.CROB No. 200035 of 2020

                    HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 11TH DAY OF SEPTEMBER, 2025

                                           BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL. FIRST APPEAL NO. 200634 OF 2019 (MV-I)
                                            C/W
                              MFA CROSS OBJ NO. 200035 OF 2020

                   IN M.F.A.NO.200634/2019

                   BETWEEN:

                        SHRIRAM GENERAL INSURANCE CO. LTD.,
                        10003-E8-RIICO, INDUSTRIAL AREA,
                        SITAPUR, JAIPUR RAJASTHAN.
                        THROUGH ITS OFFICER AT 3RD FLOOR,
                        MONARCH CHAMBER, INFANTRY ROAD,
                        SHIVAJI NAGAR, BANGALORE,
                        ITS OFFICE ASIAN ARCADE,
                        NEAR ANAND HOTEL, S.B. TEMPLE ROAD,
                        KALABURAGI.
Digitally signed        (THROUGH AUTHORIZED SIGNATORY)
by RENUKA                                                        ...APPELLANT
Location: HIGH
COURT OF           (BY SRI SUBHASH MALLAPUR, ADVOCATE)
KARNATAKA

                   AND:

                   1.   MEHTAB SAB @ MOHD. METAHAB QURESHI,
                        S/O SHAHABUDDINSAB BAKARAKSAB QURESHI
                        @ MOHD. SHABUDDIN QURESHI,
                        AGE: 31 YEARS,
                        OCC: NIL, AFTER THE ACCIDENT,
                        R/O: H.NO.11-4819, M.S.K.MIL ROAD,
                        NEAR SHA MADAR DARGA,
                        JEELANABAD, KALABURAGI - 03.
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                                     MFA No. 200634 of 2019
                            C/W MFA.CROB No. 200035 of 2020

HC-KAR



2.   ZAKIR S/O USMAN KURESHI,
     AGE: 41 YEARS,
     OCC: OWNER OF LORRY NO. MH-24/F-8661,
     R/O: MAHABOOB NAGAR,
     NEAR BUS DEPOT, TQ: BASAVAKALYAN,
     DIST: BIDAR - 585 401.
                                             ...RESPONDENTS

(BY SRI BABU H. METAGUDDA, ADVOCATE FOR R1;
V/O DATED 06.06.2023 NOTICE TO R2 IS DISPENSED WITH)

      THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY
SETTING ASIDE THE JUDGMENT AND AWARD DATED 21.12.2018,
IN M.V.C.NO.245/2016 PASSED BY THE III ADDITIONAL SENIOR
CIVIL JUDGE AND M.A.C.T., KALABURAGI IN THE INTEREST OF
JUSTICE AND EQUITY.

IN M.F.A. CROB. NO.200035/2020

BETWEEN:

     MEHTAB SAB @ MOHAMMED METAHAB QURESHI,
     S/O SHAHABUDDINSAB BAKARAKSAB QURESHI,
     @ MOHAMMED SHABUDDIN QURESHI,
     AGE: 32 YEARS,
     OCC: NIL, AFTER THE ACCIDENT,
     R/O: H.NO.11-4819, M.S.K. MILL ROAD,
     NEAR ZINDA SHA MADAR DARGA,
     JEELANABAD, KALABURAGI - 03.
                                          ...CROSS OBJECTOR

(BY SRI BABU H. METAGUDDA, ADVOCATE)

AND:

1.   ZAKIR S/O USMAN KURESHI,
     AGE: 42 YEARS,
     OCC: OWNER OF ASHOK LEYLAND LORRY
     NO. MH-24/F-8661,
     R/O: MAHABOOB NAGAR, NEAR BUS DEPOT,
     TQ: BASAVAKALYAN, DIST: BIDAR - 585 101.
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                                       MFA No. 200634 of 2019
                              C/W MFA.CROB No. 200035 of 2020

HC-KAR



2.   THE MANGER,
     SHRIRAM GENERAL INSURANCE CO. LTD.,
     10003-E8-RIICO, INDUSTRIAL AREA,
     SITAPUR, JAIPUR RAJASTHAN - 302 022.
     THROUGH ITS OFFICER AT 3RD FLOOR,
     MONARCH CHAMBER, INFANTRY ROAD,
     SHIVAJI NAGAR, BANGALORE,
     ITS OFFICE ASIAN ARCADE,
     NEAR ANAND HOTEL,
     S.B. TEMPLE KALABURAGI - 585103.
                                              ...RESPONDENTS

(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 01.01.2025 NOTICE TO R1 IS DISPENSED WITH)

     THIS MFA CROSS OBJECTION IS FILED UNDER ORDER 41
RULE 11 OF CPC, PRAYING TO ALLOW THIS CROSS OBJECTION
AND MODIFY THE JUDGMENT AND AWARD DATED 21.12.2018
PASSED IN M.V.C.NO.245/2016 BY THE III ADDITIONAL SENIOR
CIVIL JUDGE AND M.A.C.T., AT KALABURAGI AND ENHANCING
THE COMPENSATION FROM RS.2,82,200/- WITH 6% INTEREST TO
RS.14,99,000/- WITH 12% INTEREST.

     THESE MFA AND MFA CROB, COMING ON FOR ADMISSION,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                     ORAL JUDGMENT

1. The Insurance company has filed MFA

No.200634/2019 praying to set aside the Judgment and

award dated 21.12.2018 passed in MVC No.254/2016 by the

III Additional Senior Civil Judge and MACT, Kalaburagi (for

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short ' the tribunal'). The claimant has filed MFA Crob.

No.200035/2020 seeking enhancement of the compensation.

2. The facts leading to filing of the claim petition are

as under:

On 26.11.2015 at about 3.00 p.m., near 1st Gate of

Industrial Area, Kapnoor village, Kalaburagi, the claimant

was proceeding on roadside by walk. At that time, a lorry

bearing registration No.MH-24/F-8661 was being driven by

its driver in a rash and negligent manner, dashed to the

claimant, due to which the claimant sustained grievous

injuries and fractures. He was shifted to the hospital and

taken treatment. The injured filed claim petition. The tribunal

assessed the compensation, passed the award and fixed the

liability on the Insurance company to pay compensation. The

Insurance company aggrieved by the Judgment and award,

has filed the appeal. The claimant who is respondent No.1

has filed cross objections seeking enhancement.

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3. Heard the learned counsel for the

appellant/Insurance company and the learned counsel for

the claimant/cross-objector.

4. Learned counsel for the appellant/Insurance

company would contend that, the claimant-injured has

sustained injuries due to self fall and in collusion with the

hospital staff, doctors and police, he created documents and

therefore, the Insurance company is not liable to make

payment of the compensation amount. He further submits

that, in order to prove the said aspect, the Doctor of the

hospital has been examined as R.W.3 and he has produced

Ex.R.4 and Ex.R.5. He submits that, in Ex.R.5-Consultation

Sheet, it is mentioned that, the patient came to the hospital

with a complaint of self fall and he has been admitted on

27.11.2015 and subsequently, the records have been

manipulated to show that, he has sustained injuries in the

road traffic accident. With this, he prayed for exonerating the

Insurance company from its liability to pay the compensation

amount.

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5. Learned counsel for the cross-objector/claimant

would contend that, the records produced indicate that, the

claimant has been admitted in the hospital on 26.11.2015

and he has sustained injuries in a road traffic accident. He

submits that, charge-sheet has been filed against the driver

of the vehicle and therefore, it cannot be contended that, it

is a self fall by the claimant. He submits that, the claimant

sustained three fractures and the Doctor-P.W.2 who

examined him has issued a disability certificate-Ex.P.8,

stating that, the claimant has suffered 32% permanent

disability. The tribunal has erred in taking the disability of

the claimant at 11%. He submits that, the income of the

claimant fixed as per the chart prepared for settlement of

disputes in the Lok Adalath for the year 2015 is Rs.8,000/-

and the tribunal has erred in taking the income at Rs.7,000/-

per month. He submits that, the compensation awarded for

pain and sufferings, loss of income during laid up period, loss

of amenities, and attendant, food and conveyance charges

are on lower side. He submits that, the claimant was

admitted in the hospital for eight days. With this, he prays

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for enhancement of the compensation awarded by the

tribunal.

6. Having heard the learned counsels, this Court has

perused the impugned Judgment and the trial Court records.

7. R.W.3 is Dr.M.A.Q.Ansari, who has treated the

claimant in ASM Multispeciality Hospital, Kalaburagi. R.W.3

has produced case sheet - Ex.R.4 and consultation sheet -

Ex.R.5. In Ex.R.4 and Ex.R.5, there is a mention that the

patient came to the hospital with a complaint of self fall. In

order to establish the same, the Insurance company who has

examined the said Doctor as R.W.3 could not elicit anything

in his chief-examination and has treated him as hostile and

cross-examined him. In the cross-examination also, nothing

material has been elicited with regard to self fall by the

claimant. As the charge-sheet has been filed against the

driver of the vehicle which remained unchallenged by the

driver itself, indicates that the accident has occurred and in

the accident, the claimant has sustained injuries. Therefore,

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the said contention of the learned counsel for the Insurance

company is not sustainable.

8. The accident has taken place on 26.11.2015 and

at the time of accident, the claimant was aged 32 years is

not in dispute. The claimant has sustained three factures of

left femur, left radius and nasal bone. The Doctor who

examined him i.e. P.W.2 has issued disability certificate -

Ex.P.8, wherein, it is stated that, the claimant has suffered

32% permanent disability. Considering the fact that, the

disability certificate has been issued by a non-treated Doctor,

the tribunal has rightly taken disability at 11%. The tribunal

has taken the income of the claimant at Rs.7,000/- per

month, but the tribunal ought to have taken the income at

Rs.8,000/- per month as per the chart prepared for

settlement of disputes in the Lok Adalath. The tribunal has

taken multiplier at '16'. In view of the above, the claimant is

entitle for loss of future income as under:

Rs.8,000/- X 12 X 16 X 11% = Rs.1,68,960/-

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9. The claimant has been admitted in the hospital

for eight days. Considering three factures, the compensation

awarded for pain and suffering and loss of amenities in a

sum of Rs.10,000/- each, is on lower side and the claimant is

entitle to Rs.75,000/- each towards pain and suffering and

loss of amenities. As the claimant was admitted in the

Hospital for eight days, he is entitle to attendant and

conveyance charges in a sum of Rs.8,000/- as against

Rs.4,000/- as awarded by the tribunal. The claimant is

entitle to loss of income during laid up period for three

months i.e. Rs.8,000/- X 3 months = Rs.24,000/- as against

Rs.1,900/- as awarded by the tribunal.

10. In view of the above, the claimant is entitle to

total compensation as under:

Sl.No. Heads of compensation Compensation awarded by this Court 1 Loss of future income Rs.1,68,960/- 2 Pain and sufferings Rs.75,000/- 3 Attendant and conveyance charges Rs.8,000/- 4 Medical expenses Rs.1,08,500/- 5 Loss of income during laid up period Rs.24,000/- 6 Loss of amenities Rs.75,000/-

              Total                                   Rs.4,59,460/-
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                                C/W MFA.CROB No. 200035 of 2020

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11. The claimant is entitle to total compensation of

Rs.4,59,460/- as against Rs.2,82,200/- as awarded by the

tribunal, with interest at the rate of 6% per annum.

12. In view of the above, the following:

ORDER

(i) MFA No.200634/2019 filed by the

Insurance company is dismissed;

(ii) MFA Crob. No.200035/2020 filed by

the claimant is allowed in-part;

(iii) The claimant is entitle to total

compensation of Rs.4,59,460/- as against

Rs.2,82,200/- as awarded by the tribunal with

interest at the rate of 6% per annum from the

date of petition, till realization;