[Cites 0, Cited by 0]
Karnataka High Court
Mr Noushad K vs National Insurance Co Ltd on 7 April, 2026
-1-
NC: 2026:KHC:19254
M.F.A. No.7571/2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.7571/2018 (MV-I)
BETWEEN:
MR. NOUSHAD .K
S/O ISMAIL
AGED ABOUT 26 YEARS
R/AT D.NO.4-30,
KADAVINABAGILU HOUSE
IIANTHALA VILLAGE AND POST
Digitally signed BELTHANGADY TALUK
by ARSHIFA PRESENTLY RESIDING AT
BAHAR KHANAM AKASH RESIDENCY, ULLALA
Location: HIGH MANGALORE-575020.
COURT OF
KARNATAKA ...APPELLANT
(BY SRI. GURUPRASAD B.R. ADV.,)
AND:
1. NATIONAL INSURANCE CO. LTD.,
LOCAL OFFICE, BHARATH BUILDING
3RD FLOOR, P M RAO ROAD
MANGALURU-02
REPRESENTED BY ITS MANAGER.
2. MR. ABDUL SIDDIQ
S/O N. ABBAS
AGED MAJOR
R/AT NEERABARI HOUSE
THEKKARU POST AND VILLAGE
BELTHANGADY TALUK D.K.-574241.
-2-
NC: 2026:KHC:19254
M.F.A. No.7571/2018
HC-KAR
3. MRS. LEELAVATHI
W/O RAMAKRISHNA H. UDUPA
ADULT, SHAHPUR GALLI
BASAVAKALYANA
BIDAR DIST-585437.
...RESPONDENTS
(BY SRI. S.V. HEGDE MULKHAND, ADV., FOR R1
V/O/DTD:30.03.2024, NOTICE TO R2 & R3 ARE D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 03/10/2017, PASSED IN MVC
NO.1103/2016, ON THE FILE OF THE MEMBER, MACT & I
ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., 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 MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured claimant
challenging the judgment and award dated 03.10.2017
passed in M.V.C.No.1103/2016 by the Motor Accident
Claims Tribunal and I Additional Senior Civil Judge,
Mangaluru, D.K. (for short, 'the Tribunal').
2. Sri.Guruprasad B.R., learned counsel for the
appellant submits that the Tribunal has committed a grave
NC: 2026:KHC:19254
HC-KAR
error in assessing the income of the claimant as well as
the disability and has awarded a meagre compensation on
all the other heads. It is submitted that the claimant has
sustained fracture of dislocation of right hip and open
fracture of two bones of left leg and other injuries.
Considering the same, PW-5 has assessed the disability at
33% to both the limbs and the Tribunal has assessed the
whole body disability at 7%. The same may be re-
assessed at atleast 11%. It is further submitted that the
award of compensation by the Tribunal under the head of
loss of amenities and future medical expenses is on the
lower side. The award of compensation towards future
medical expenses at Rs.15,000/- is contrary to the
evidence of PW-5 who had assessed the same at
Rs.45,000/-. Hence, he seeks to allow the appeal.
3. Per contra, Sri.S.V.Hegde Mulkhand, learned
counsel for the respondent No.1 supports the impugned
judgment and award of the Tribunal and submits that the
Tribunal, taking note of the injuries suffered as mentioned
NC: 2026:KHC:19254
HC-KAR
at Ex.P4, has rightly assessed the disability and awarded a
just compensation. It is submitted that insofar as the
future medical expenses is concerned, the evidence of PW-
5 is not clear with regard to the actual expenses likely to
be incurred by the claimant and hence, considering the
same, the Tribunal has awarded Rs.15,000/- towards
future medical expenses and the same does not call for
any enhancement. Hence, he seeks to dismiss the appeal.
4. I have heard the arguments of the learned
counsel for the appellant, the learned counsel for the
respondent No.1 and meticulously perused the material
available on record.
5. It is not in dispute that the claimant met with a
road accident on 20.05.2016 and he was provided
treatment at Highland Hospital, Mangaluru, as an inpatient
for 9 days. As per Ex.P4 and the oral evidence of PW-5, it
is noticed that the claimant sustained fracture of
dislocation of right hip, fracture of both bones of left leg,
NC: 2026:KHC:19254
HC-KAR
tibia and fibula and other injuries. Considering the
aforesaid injuries and taking note of the oral evidence of
PW-5, I am of the considered view that the disability to
the whole body is required to be assessed at 11%. The
income of the claimant is not proved before the Tribunal.
Hence, his income is notionally re-assessed at Rs.9,500/-
p.m. placing reliance on the notional income chart
prepared by Karnataka State Legal Services Authority. A
perusal of the oral evidence of PW-5 clearly indicates that
he has assessed the medial expenses at Rs.45,000/- and
the Tribunal, without any justifiable reason has reduced
the same to Rs.15,000/-. Hence, the claimant would be
entitled to Rs.45,000/- under the head of future medical
expenses. Having re-assessed the notional income and the
disability, the compensation on some of the heads is
required to be re-assessed and accordingly, the same is
re-assessed as under:
HEADS AMOUNT
(in Rs.)
Pain and suffering 65,000
Medical expenses 87,000
NC: 2026:KHC:19254
HC-KAR
Food, nourishment, attendant
charges and conveyance 20,000
Loss of amenities 45,000
Loss of future income due to
disability
(9,500 x 12 x 17 x 11%) 2,13,180
Loss of income during laidup
period (9,500 x 3) 28,500
Future medical expenses 45,000
TOTAL 5,03,680
Thus, the claimants shall be entitled to a total
compensation of Rs.5,03,680/- as against Rs.2,95,000/-
awarded by the Tribunal.
6. In the result, this Court proceeds to pass the
following:
ORDER
a) The appeal is allowed-in-part.
b) The impugned judgment and award dated
03.10.2017 passed by the Tribunal in
M.V.C.No.1103/2016 is modified to an
extent that the appellant-claimant would
be entitled to the total compensation of
NC: 2026:KHC:19254
HC-KAR
Rs.5,03,680/- as against Rs.2,95,000/-
awarded by the Tribunal.
c) The enhanced compensation shall carry
interest at the rate of 6% p.a. from the
date of petition till realisation.
d) The respondent-Insurance Company shall
deposit the enhanced compensation
amount with accrued interest before the
Tribunal within a period of six weeks from
the date of receipt of the certified copy of
this judgment.
e) The rest of the judgment and award of the
Tribunal with respect to apportionment,
deposit and release shall remain
unaltered.
Draw the modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV/List No.: 1 Sl No.: 22
