Karnataka High Court
Shaik Moinuddin vs Shivanand And Anr on 12 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 204368 of 2023
C/W MFA No. 204324 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 204368 OF 2023 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 204324 OF 2023
IN M.F.A.NO.204368/2023
BETWEEN:
MOHAMMED ZAMEER S/O SHAIK MAHEBOOB,
AGED ABOUT 22 YEARS,
OCC: PRIVATE SERVICE, NOW NIL,
R/OF: H NO.13-1035,
NEAR JUMA, ASHOK NAGAR SHAHABAD,
NOW AT RAJAPUR COLONY,
SHAHABAD ROAD KALABURAGI.
...APPELLANT
Digitally signed (BY SRI SANJEEV PATIL, ADVOCATE)
by RENUKA AND:
Location:
HIGH COURT
OF 1. SHIVANAND S/O DEVINDRAPPA KAMBER,
KARNATAKA AGE: MAJOR,
OCC: OWNER OF HONDA SHINE MOTORCYCLE
NO. KA-33/U-1002,
R/OF: HEROOR (K) NEAR JUMMA MASJID,
KALABURAGI - 585 103.
2. SHAIKH MOINUDDIN S/O SHAIK YUNUS,
AGE: 28 YEARS,
OCC: PVT. SERVICE, OWNER OF PASSION PRO
MOTORCYCLE NO. KA-32/EJ-01432,
R/O: RAMA MOHALLA, SHAHABAD,
TQ: CHITTAPUR,
DIST: KALABURAGI - 585 221.
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MFA No. 204368 of 2023
C/W MFA No. 204324 of 2023
HC-KAR
3. THE LEGAL MANAGER,
IFFCO-TOKIO GENERAL INSURANCE
COMPANY LIMITED,
1-1-1/A/TF-2, 3RD FLOOR,
KISHAN KRUPA, ABOVE KANVA MART,
OPPOSITE KANNADA BHAVAN,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
R1 IS SERVED;
V/O DATED 04.02.2025 NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO
(A) CALL FOR THE ENTIRE LOWER COURT RECORDS AND
MODIFY THE JUDGMENT AND AWARD DATED 02-09-2023 PASSED BY
THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI IN
MVC NO.427/2021 BY ENHANCING THE COMPENSATION AMOUNT AS
PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY.
B) THE HON'BLE COURT BE PLEASED TO DIRECT THE
RESPONDENT NO.2 INSURANCE COMPANY TO DEPOSIT THE
ENHANCED AWARD AMOUNT AND TO RECOVER THE SAME FROM THE
RESPONDENT NO.1 AS PER THE ORDER OF HON'BLE SUPREME
COURT IN CIVIL APPEAL NO.20962/2017 (ARISING OUT OF SLP (C)
NO. 29032/2015), PAPPU AND OTHERS V/S VINOD KUMAR LAMBA
AND ANOTHER AND ETC.
IN M.F.A.NO.204324/2023
BETWEEN:
SHAIKH MOINUDDIN S/O SHAIK YUNUS,
AGE: 27 YEARS, OCC: PVT. SERVICE, NOW NIL,
R/O: NEAR RAHMANIYA MASJID,
RAHMAT NAGAR, SHAHABAD,
NOW AT RAJAPUR COLONY,
SHAHABAD ROAD, KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
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MFA No. 204368 of 2023
C/W MFA No. 204324 of 2023
HC-KAR
AND:
1. SHIVANAND S/O DEVINDRAPPA KAMBER,
AGE: MAJOR,
OCC: OWNER OF HONDA SHINE MOTORCYCLE
NO. KA-33/U-1002,
R/OF: HEROOR (K), NEAR JUMMA MASJID,
KALABURAGI - 585 103.
2. THE LEGAL MANAGER,
IFFCO-TOKIO GENERAL INSURANCE
COMPANY LIMITED,
1-1-1/A/TF-2, 3RD FLOOR,
KISHAN KRUPA, ABOVE KANVA MART,
OPPOSITE KANNADA BHAVAN,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DATED 02.01.2024 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO CALL FOR THE ENTIRE LOWER COURT
RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED
02.09.2023 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND
M.A.C.T., AT KALABURAGI IN M.V.C.NO.426/2021 BY ENHANCING
THE COMPENSATION AMOUNT AS PRAYED FOR, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THESE MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. MFA No.204368/2023 is filed by the claimant in
MVC No.427/2021 seeking enhancement of compensation
awarded in the Judgment dated 02.09.2023 passed by the
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Principal Senior Civil Judge and MACT, Kalaburagi, (for short
'the tribunal').
2. MFA No.204324/2023 is filed by the claimant in
MVC No.426/2021 seeking enhancement of compensation
awarded in the Judgment dated 02.09.2023 passed by the
Principal Senior Civil Judge and MACT, Kalaburagi, (for short
'the tribunal')
3. The facts leading to filing of the claim petitions
are as under:
That on 26.05.2020 at about 7.00 p.m., the claimant in
MVC No.426/2021 was the rider and the claimant in MVC
No.427/2021 was the pillion rider of the motorcycle bearing
registration No.KA-32/EJ-1432 and were proceeding towards
Shahabad. The rider of the motorcycle was riding the
motorcycle in a high speed, rash and negligent manner and
at that time, the rider of another motorcycle bearing
registration No.KA-33/U-1002 came from opposite direction
in a rash and negligent manner and dashed to the
motorcycle of the claimants and caused accident. In the said
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accident, the claimants sustained grievous injuries and taken
treatment at Hospital. The claimants filed claim petitions.
The tribunal assessed the compensation and passed the
award. The claimants in both the cases filed the present
appeals seeking enhancement of the compensation as
awarded by the tribunal.
4. Heard the learned counsel for the appellants and
the learned counsel for the Insurance company in both the
appeals.
5. Learned counsel for the appellant in MFA
No.204368/2023 would contend that, there is fracture of
right tibia and fibula and the Doctor - P.W.2 who examined
the claimant has assessed the disability at 36% and issued
disability certificate-Ex.P.12. He submits that, the tribunal in
spite of that, has erred in taking the disability at 12%. He
further submits that, the compensation awarded under the
other heads i.e. pain and suffering, loss of income during laid
up period, food, diet, conveyance and attendant charges and
loss of amenities, are on lower side. He further submits that,
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implants are fixed and the Doctor has stated that, the
implants are to be removed, for which the tribunal has not
awarded any future medical expenses. He further submits
that, the tribunal has exonerated the Insurance company on
the ground that, the driver of the offending vehicle was not
holding driving license. He further submits that, if the driver
is not holding driving licence, the tribunal ought to have
directed the Insurance company to pay the award amount
and later recover the same from the owner of the offending
vehicle in view of the Judgment of the Hon'ble Apex Court in
the case of Shamanna and another Vs. Divisional
Manager, Oriental Insurance Company Limited and
others, reported in (2018) 9 SCC 650, and the decision of
this Court in the case of the Manager, Iffco-Tokio General
Insurance Company Ltd., Vs. Pedda Bheemla Naik and
another, in MFA No.200020/2022 [NC:2025:KHC-
K:5145]. With this he prayed to allow the appeal.
6. Learned counsel for the appellant in MFA
No.204324/2023 would contend that, the injured-claimant
has sustained simple injuries and he was admitted in the
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hospital for one day. The claimant has incurred Rs.11,602/-
towards medical expenses. The tribunal has awarded a sum
of Rs.26,600/- which is on lower side and the tribunal has
erred in exonerating the Insurance company on the ground
of no driving licence. He placing reliance on the above said
two decisions prays for fixing the liability on the Insurance
company and to pay the award amount and later recover the
same from the owner of the vehicle.
7. Learned counsel for the Insurance company
would contend that, the disability taken and the
compensation awarded in MVC No.427/2021 (MFA
No.204368/2023); and the compensation awarded in MVC
No.426/2021 (MFA No.204324/2023) considering the nature
of simple injuries suffered by the claimant are proper and
correct and there are no grounds for interference in the
appeals.
8. He further submits that the driver of the offending
vehicle had no driving licence at the time of the accident and
on that ground, the tribunal has rightly exonerated the
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Insurance company from paying the compensation.
Accordingly, he prays to dismiss both the appeals.
9. Having heard the learned counsels in both the
appeals, this Court has perused the impugned Judgments
and the trial Court records.
MFA No.204368/2023 (MVC No.427/2021)
10. The date of accident and the age of injured at the
time of accident are not in dispute. The accident has taken
place on 26.05.2020 and on the date of accident, the
claimant was aged 20 years. The claimant has sustained
fracture of right tibia and fibula and the Doctor - P.W.2 who
has examined him has issued disability certificate - Ex.P.12
has opined that, the claimant has suffered 36% permanent
disability and the tribunal has taken the disability at 12%.
Considering the said injury and the evidence of P.W.2, the
disability has to be taken at 15%. The tribunal has rightly
taken the income of the claimant at Rs.13,750/- per month
and rightly applied multiplier '18'. In view of the above, the
claimant is entitle to loss of future income as follows:
Rs.13,750/- X 12 X 18 X 15% = Rs.4,45,500/-.
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11. The claimant has sustained two fractures and was
in hospital for 30 days and considering the same, the
compensation awarded by the tribunal in a sum Rs.10,000/-
towards pain and suffering is on lower side and the claimant
is entitle to a sum of Rs.50,000/- under the said head. The
tribunal has rightly awarded medical expenses of
Rs.2,09,897/-. The claimant was admitted in the hospital for
30 days and considering the same, the claimant is entitle to
loss of income during laid up period for three months in a
sum of Rs.41,250/- (Rs.13,750/- X 3 months). The tribunal
has not awarded separately for food, diet, attendant and
conveyance charges. Considering the fact that, the appellant
was inpatient for 30 days, he is entitle for attendant, food,
diet, conveyance charges, etc., in a sum of Rs.30,000/-. The
Doctor has stated that, implants are fixed and for removal of
the same, the claimant has to undergo surgery, and has to
spend amount in that regard. Considering the same, the
claimant is entitle to future medical expenses in a sum of
Rs.30,000/-. The claimant is aged 20 years. It appears that,
he is not married and therefore, the claimant is entitle to
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loss of amenities in a sum of Rs.1,00,000/- as against
Rs.50,000/- as awarded by the tribunal. 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.4,45,500/-
2 Pain and sufferings Rs.50,000/-
3 Medical expenses Rs.2,09,897/-
4 Loss of income during laid up period Rs.41,250/-
5 Attendant, conveyance, food, diet and Rs.30,000/-
nourishment charges
6 Loss of amenities Rs.1,00,000/-
7 Future medical expenses Rs.30,000/-
Total Rs.9,06,647/-
12. The claimant is entitle to total compensation of
Rs.9,06,647/- as against Rs.6,06,300/- as awarded by the
tribunal with interest at the rate of 6% per annum.
13. In both appeals, the tribunal has exonerated the
Insurance company from payment of compensation on the
ground that, the driver of the offending vehicle had no
driving licence.
14. In view of the decisions relied upon by the
learned counsel for the appellants, if the driver of the
offending vehicle has no driving licence, then the Insurance
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company has to pay the compensation amount to the
claimant and recover the same from the owner.
MFA No.204324/2023 (MVC No.426/2021)
15. As per Ex.P.6-wound certificate, the claimant has
sustained simple injury and he was admitted in the hospital
for one day. The claimant has incurred medical expenses of
Rs.11,602/-. Considering the injuries sustained by the
claimant he is entitle to a global compensation of
Rs.50,000/- as against Rs.26,600/- as awarded by the
tribunal.
16. In view of the above, the following:
ORDER
(i) Both appeals are allowed in-part;
(ii) The claimant in MFA No.204368/2023 is
entitle to total compensation of Rs.9,06,647/- as
against Rs.6,06,300/- as awarded by the tribunal
with interest at the rate of 6% per annum from the
date of petition till its realization;
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(iii) The claimant in MFA No.204324/2023 is
entitle to a global compensation of Rs.50,000/-
with interest at the rate of 6% per annum from the
date of petition, till its realization;
(iv) In both the cases, the Insurance
company shall pay the award amount to the
respective claimants with interest and recover the
same from the owner of the offending vehicle.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SVH
