Karnataka High Court
Mr. Abdul Jabbar vs Mr. Nazi Ahmmad on 11 September, 2025
-1-
NC: 2025:KHC:36134
MFA No. 3347 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 3347/2017 (MV-I)
BETWEEN:
MR. ABDUL JABBAR,
S/O. A.M. SHAFI,
AGED ABOUT 48 YEARS,
RESIDING AT: ANGARAKARIYA HOUSE,
AMBODI VILLAGE,
BELTHANGADY,
AT PRESENT R/AT C/O. ARIF,
P.A. COLLEGE, ASSAIGOLI,
KONAJE, MANGALORE-575 001.
...APPELLANT
(BY SRI. HARISH BABU K N., ADVOCATE)
AND:
1. MR. NAZI AHMMAD,
S/O. SAHEB JAN SAHEEB,
Digitally signed AGED ABOUT 45 YEARS,
by R/AT SAUILA JACK, NH-66,
PADMASHREE NEAR PETROL BUNK,
SHEKHAR DESAI MANGALORE575 001.
Location: High
Court Of 2. MR. S. SIVA KUMAR,
Karnatka
NO.7, R.C.C. 206-261,
S.G. MUTT ROAD,
CHAMRAJPET,
BANGALORE-560 002.
3. THE DIVISIONAL MANAGER,
CHOLAMANGALAM MS GENERAL
INSURANCE CO. LTD.,
HEAD OFFICE AT DARE HOUSE,
-2-
NC: 2025:KHC:36134
MFA No. 3347 of 2017
HC-KAR
2ND FLOOR, NO.2, N.S.C. BOSE ROAD,
CHENNAI-600 001.
...RESPONDENTS
(BY SRI. B PRADEEP, ADVOCATE FOR R3,
V/O DATED 08.01.2024 NOTICE TO R1 IS H/S,
V/O DATED 09.02.2024 NOTICE TO R2 IS H/S)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:02.08.2016 PASSED IN MVC
NO.1591/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT
JUDGE AND MOTOR ACCIDENTS CLAIMS TRIBUNAL-IV, D.K.
MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 02.08.2016 passed in MVC
NO.1591/2013 on the file of the III Additional District
Judge and Motor Accidents Claims Tribunal-IV, D.K.
Mangaluru, for enhancing the compensation.
2. Heard the arguments of the learned counsel for
the appellant and learned counsel for respondent No.3.
Respondent Nos.1 and 2 served and unrepresented. The
NC: 2025:KHC:36134
HC-KAR
ranks of the parties are retained as per tribunal for the
sake of convenience.
3. As per the wound certificate and evidence of PW2,
the petitioner sustained the following injuries i.e.,
1) Bilateral Poriorbital Echymosis
with Infra Orbital Oedema,
2) Laceration of Nosal Bridge,
3) Swelling tenderness right 12%
tyfe onter-trochartric fracture of right hip
and
4) CT Face and head, fracture of
Maxilla-anterior and lateral alveolar
fracture of left with fracture bone,
fracture of nasal etormoidal fracture right
and other multiple abrasions all over the
body.
He was admitted to hospital on 02.03.2013 and discharged
on 11.3.2013 as per discharge summary. However, PW3
in his evidence stated that he was discharged on
01.4.2013 and relied upon the case sheet issued by the
concerned hospital.
NC: 2025:KHC:36134
HC-KAR
4. It is stated that the petitioner was aged 48 years
working as cook in PA college canteen and earning
Rs.10,000/- pm. But no evidence is produced regarding
his income, therefore as he met with accident in the year
2013, considering the age and occupation, this court finds
it reasonable to take his notional income of Rs.8,000/-
p.m. as per the guidelines of Karnataka State Legal
Services Authority and the multiplier is to be taken as 13.
As per the evidence of PW2 who assessed the disability as
18.5% and 1/3rd of the same to be taken towards
permanent disability. Therefore, the loss of future income
comes to Rs.8000 X 12 x 13 x 6% = Rs.74,880/-.
5. Further, the amount granted towards pain and
suffering is enhanced to an amount of Rs.40,000/- and
further under the head loss of amenities, an amount of
Rs.20,000/- is granted. Also, the amount towards
Medical bills of Rs.18,366/- is not disputed. Also, the
amount granted for extra nourishment, conveyance and
attendant charges is to be enhanced to Rs.30,000/-. He
NC: 2025:KHC:36134
HC-KAR
might not have attended any other work atleast for a
period of 3 months. Therefore, this court finds it
reasonable to grant loss of income during laid up period is
Rs.8000 x 3 = Rs.24,000/-.
6. Thus in all, components awarded by this court
are as below,
Particulars Amount
in Rs.
Loss of future income 74,880
Pain and suffering 40,000
Loss of amenities 20,000
Loss of income during laid 24,000
up period
Medical expenses 18,366
Transportation, extra 30,000
nourishment and
attendant charges
Total 2,07,246
Hence, the appellant-claimant is entitled for a total
enhanced compensation of Rs.2,07,246/- along with
interest at the rate of 6% p.a.
NC: 2025:KHC:36134
HC-KAR
7. It was held by the tribunal that the driver of the
lorry has no valid fitness certificate, permit and tax details.
Hence, the owner was held liable to pay the compensation
and insurance company was exonerated. Considering the
facts that the petitioner is a cook and earning meager
amount. Hence, this court finds it reasonable to order for
pay and recovery. Therefore, insurance company is
directed to pay the compensation of Rs.2,07,246/- along
with interest at the rate of 6% p.a. and is at liberty to
recover the same from the owner.
8. In the result, the following order is passed:
ORDER
i. Appeal is allowed.
ii. The judgment and award dated
02.08.2016 passed in MVC NO.1591/2013
on the file of the III Additional District
Judge and Motor Accidents Claims Tribunal-
IV, D.K. Mangaluru, is modified.
NC: 2025:KHC:36134
HC-KAR
iii. The claimant is entitled to a sum of
Rs.2,07,246/- (Rupees Two Lakhs and
Seven Thousand and Two Hundred and
Forty Six only) along with interest at 6%
p.a., from the date of petition, till the date
of realization, instead of Rs.72,000/-
granted by the tribunal.
iv. Respondent No.3 is directed to deposit the
amount within one month from the date of
this order.
v. Respondent No.3 is at liberty to recover the
same from the owner of the vehicle i.e.,
respondent No.1/owner of the vehicle by
due process of law.
vi. On such deposit, petitioner is permitted to
withdraw the entire amount along with the
interest accrued on the same.
NC: 2025:KHC:36134
HC-KAR
vii. As per the order dated 09.02.2024 vide
application I.A.No.1/2017 delay was
condoned with condition that claimant is
not entitled for interest for delay period of
159 days.
Sd/-
(P SREE SUDHA)
JUDGE
AKV
