Karnataka High Court
Azim S/O Chandsab Mulla vs Sadanand And Ors on 22 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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MFA No. 200165 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCL. FIRST APPEAL NO. 200165 OF 2021 (MV-I)
BETWEEN:
AZIM
S/O CHANDSAB MULLA,
AGED :13 YEARS,
OCC: STUDENT,
U/G OF HIS NATURAL FATHER
CHANDSAB
S/O GUDUSAB MULLA,
AGE: 38 YEARS,
OCC: LABOUR,
R/O: ARNAKAL VILLAGE,
TQ: CHITTAPUR, NOW RESIDING,
C/O: SURESH JOSHI,
Digitally signed #2/986/1, NGO COLONY, KALABURAGI.
by ...APPELLANT
KHAJAAMEEN
MALAGHAN
Location: HIGH (BY SRI SANJEEV PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. SADANAND
S/O KASHINATH NAYAK,
AGE: 38 YEARS,
OCC: DRIVER OF TATA INDICA CAR
BEARING REGN.NO.KA.36/A.3010,
R/O: STATION TANDA, CHITTAPUR,
TQ: CHITTAPUR,
DIST: KALABURAGI - 585 211.
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MFA No. 200165 of 2021
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2. KHALID HUSSAIN
S/O MAHEBOOB HUSSAIN,
AGE: 48 YEARS,
OCC: OWNER OF TATA INDICA
CAR NO.KA.36/A-3010,
R/O: H.NO.T9-558/11D,
ALAND ROAD KAMAN, HUSSAIN NAGAR,
SHAIKH ROZA, KALABURAGI - 585 103.
3. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
JAWALI COMPLEX, SUPER MARKET,
KALABURAGI - 585 102.
...RESPONDENTS
(BY SMT. SHASHIKALA JAHAGIRDHAR, ADVOCATE FOR R2;
V/O DATED 14.10.2022, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
MODIFY THE JUDGMENT AND AWARD DATED 16.07.2019
PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND
MACT, AT KALABURAGI IN MVC NO.967/2017 BY ENHANCING
THE COMPENSATION AMOUNT TO RS.8,74,000/- AND ALSO
ENHANCE THE INTEREST PAYABLE BY THE RESPONDENTS ON
THE COMPENSATION AMOUNT, AND FURTHER BE PLEASED TO
ALLOW THIS APPEAL FILED BY THE APPELLANT HEREIN 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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MFA No. 200165 of 2021
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for both sides, it is taken up for
final hearing.
Being aggrieved by the judgment and award dated
16.07.2019 passed in MVC No.967/2017 by the I-Addl.
Senior Civil Judge & MACT, Kalaburagi (hereinafter
referred to as 'the Tribunal' for short) the appellant-
claimant is before this Court seeking enhancement of
compensation.
2. Brief facts leading to filing of claim petition are
that, on 31.05.2017 at about 1:30 p.m. when the claimant
was standing outside his house, at that time, TATA Indica
Car bearing No.KA-36/A-3010 was driven by its driver in a
high speed and in a rash and negligent manner and
dashed to the claimant. Due to which the claimant
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sustained grievous injuries. He has taken treatment in the
Hospital. The claim petition has been filed. the Tribunal
assessed the compensation and passed the impugned
judgment. The claimant has filed the present appeal
seeking enhancement of compensation.
3. Heard learned counsel for the appellant and
learned counsel for respondent No.3-Insurance Company.
4. Learned counsel for the appellant-claimant
would contend that the claimant was aged 9 years as on
the date of the accident and the Doctor, who examined
him has stated that he is having disability at 30% to the
whole body and the Tribunal has erred in taking the
disability at 10%. He further contended that as per the
decision of the Hon'ble Apex Court in the case of Master
Mallikarjun vs. Divisional Manager, National
Insurance Company Limited and Another reported in
(2014) SCC 396, the claimant is entitled to compensation
towards pain and suffering, etc., in a sum of Rs.3,00,000/-
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with 20% escalation. He further submits that the
compensation awarded by the Tribunal towards loss of
earning of the parents during the period of hospitalization
in a sum of Rs.5,000/- is on the lower side, hence, sought
for enhancement. With these, he prayed to allow the
appeal.
5. Learned counsel for respondent No.3-Insurance
Company would contend that the compensation awarded
by the Tribunal is just and proper and there are no
grounds for enhancement. Hence, prayed to dismiss the
appeal.
6. Having heard learned counsels, the Court has
perused the impugned judgment and other materials
placed on record.
7. The age of the claimant, date of accident and
liability on the Insurance Company are not in dispute.
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8. The claimant was aged 9 years on the date of
the accident i.e. 31.05.2017. The Doctor-PW.2 who has
examined the injured has issued disability certificate-
Ex.P11, wherein it is stated that the claimant is having
disability of 30% to the whole body, but the disability
taken by the Tribunal at 10% is not having any basis. In
view of the claimant having disability of 30% to the whole
body, as per the case of Master Mallikarjun (supra), the
claimant is entitled to a sum of Rs.3,00,000/- for pain and
suffering, etc. In the above referred case the accident has
taken place in the year 2006, but in the present case the
accident has taken in the year 2017 and there is a gap of
11 years. Therefore, the claimant is entitled to escalation
at 20%. In view of the same, the claimant is entitled to
Rs.3,00,000/- + Rs.60,000/- = Rs.3,60,000/-.
9. The Tribunal has rightly awarded compensation
towards medical expenses at Rs.21,000/-.
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10. The claimant was aged 9 years and he was
admitted in Hospital for 9 days and the Doctor has advised
him for rest. Considering the same, there is a loss of
income of the parents. Therefore, the claimant is entitled
to a sum of Rs.10,250/- x 3 = Rs.30,750/- under the
head of loss of earning of parents during the treatment
period.
11. Thus, the claimant is entitled to compensation
under the following heads:
Amount Amount
Sl.
Heads awarded by awarded by
No
the Tribunal this Court
1. Pain and suffering
already undergone and to Rs.1,00,000/- Rs.3,60,000/-
be suffered in future,
mental and physical
shock, hardship,
inconvenience, and
discomforts etc and loss
of amenities in life on
account of permanent
disability
2. Medical expenses Rs.21,000/- Rs.21,000/-
3. Loss of earning of Rs.5,000/- Rs.30,750/-
parents during treatment
period
Total Rs.1,26,000/- Rs.4,11,750/-
Enhancement Rs.2,85,750/-
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12. In the result, the appeal deserves to be allowed
in-part. Hence, the following:
ORDER
(i) The appeal is allowed in-part.
(ii) The judgment and award dated 16.07.2019
passed in MVC No.967/2017 by the I-Addl.
Senior Civil Judge & MACT-Kalaburagi, is
modified as under:
a) The appellant-claimant is entitled to
total compensation of Rs.4,11,750/-
against Rs.1,26,000/- as awarded by the
Tribunal along with interest at the rate
of 6% p.a. from the date of petition till
realization.
b) The respondent No.3-Insurance
company is directed to deposit the entire
compensation amount within a period of
eight weeks from this day, failing which,
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it shall pay interest at the rate of 9%
p.a. till payment.
c) The rest of the order of the Tribunal
remains unaltered.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SDU
Ct;vk
