[Cites 1, Cited by 0]
Karnataka High Court
Sri.Rafik Ahamed vs Sri.Mahabubsab on 20 February, 2026
-1-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
MISCELLANEOUS FIRST APPEAL NO.100761 OF 2020
C/W
MISCELLANEOUS FIRST APPEAL NO.100724 OF 2020,
MISCELLANEOUS FIRST APPEAL NO.100760 OF 2020
IN MFA NO.100761/2020:
BETWEEN:
SRI. RAFIK AHAMED S/O ABDUL SAB KHATIB,
AGE: 36 YEARS, OCC: MASON WORK,
R/O KADKOL VILALGE, TQ: SAVANUR,
DT: HAVERI-581118.
...APPELLANT
(BY SRI. B.M. PATIL, ADVOCATE)
AND:
1. SRI. MAHABUBSAB
S/O ALLABAKSH KANCHARGER,
AGE: MAJOR, OCC: BUSINESS,
R/O: LAXAR BAZAR, SAVANUR TOWN,
Digitally signed
by PIN CODE-581118. HAVERI DISTRICT.
MOHANKUMAR
B SHELAR (OWNER OF VEHICLE MAXI CAB NO.KA-36/1661)
Location: High
Court of 2. THE DIVISIONAL MANAGER,
Karnataka,
Dharwad Bench NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE 2ND FLOOR, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580023.
3. THE BRANCH MANAGER,
NATIONAL INSURANCE CO.LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P.B. ROAD, HAVERI-581110.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2 AND R3;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC
-2-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
NO.405/2018 DATED 04.12.2019 PASSED BY THE COURT OF ADDL.
SENIOR CIVIL JUDGE AND MACT AT HAVERI AND ALSO FIX THE
LIABILITY TO PAY COMPENSATION ON RESPONDENT NO.2 AND 3 I.E
INSURER OF THE OFFENDING VEHICLE IN THE INTEREST OF JUSTICE
AND EQUITY.
IN MFA NO.100724/2020:
BETWEEN:
SMT. SHAMEEMBANU
W/O. ABDUL KHADER MOKASHI,
AGE: 36 YEARS, OCC: COOLIE WORK,
R/O: ALTAF NAGAR, HUBBALLI TOWN NO.132,
TQ. AND DT: DHARWAD-580024.
...APPELLANT
(BY SRI. B.M. PATIL, ADVOCATE)
AND:
1. SRI. MAHABUBSAB
S/O. ALLABAKSH KANCHARGAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: LAXAR BAZAR, SAVANUR TOWN,
PIN CODE-581118.
(OWNER OF VEHICLE MAXI CAB NO.KA-36/1661)
2. THE DIVISION MANAGER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE, 2ND FLOOR, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580023.
3. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P. B. ROAD, HAVERI-581110.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2 AND R3;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC
NO.403/2018 DATED 04.12.2019 PASSED BY THE COURT OF ADDL.
SENIOR CIVIL JUDGE AND MACT AT HAVERI AND ALSO FIX THE
LIABILITY TO PAY COMPENSATION ON RESPONDENT NO.2 AND 3 I.E
INSURER OF THE OFFENDING VEHICLE IN THE INTEREST OF JUSTICE
AND EQUITY.
-3-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
IN MFA NO.100760/2020:
BETWEEN:
SRI. ABDUL KHADER MOKASHI
S/O BABAJAN MUKASHI,
AGE: 40 YEARS, OCC: COOLIE,
R/O: ALTAF NAGAR, HUBBALLI TOWN NO.132,
TQ. AND DT: DHARWAD-580024.
...APPELLANT
(BY SRI. B.M. PATIL, ADVOCATE)
AND:
1. SRI. MAHABUBSAB
S/O ALLABAKSH KANCHARGAR,
R/O: LAXAR BAZAR, SAVANUR TOWN,
TQ. & DIST. HAVERI, PIN CODE-581118.
(OWNER OF VEHICLE MAXI CAB NO.KA-36/1661)
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
REGIONAL OFFICE 2ND FLOOR, ARIHANT PLAZA,
KUSUGAL ROAD, HUBBALLI-580023.
3. THE BRANCH MANAGER,
NATIONAL INSURANCE CO. LTD.,
1ST FLOOR, KRISHNA AGENCY BUILDING,
P.B. ROAD, HAVERI-581110.
...RESPONDENTS
(BY SMT. ARUNA R. DESHPANDE, ADVOCATE FOR R2 AND R3;
R1-SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
173(1) OF THE MOTOR VEHICLE ACT, PRAYING TO ENHANCED THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN MVC
NO.404/2018 DATED 04.12.2019 PASSED BY THE COURT OF ADDL.
SENIOR CIVIL JUDGE AND MACT AT HAVERI AND ALSO FIX THE
LIABILITY TO PAY COMPENSATION ON RESPONDENT NO.2 AND 3 I.E
INSURER OF THE OFFENDING VEHICLE IN THE INTEREST OF JUSTICE
AND EQUITY.
THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD
AND RESERVED FOR JUDGMENT ON 09.02.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE K.MANMADHA RAO
-4-
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
MFA No.100760 of 2020
CAV JUDGMENT
1. These three appeals are filed by the claimants calling
in question the common judgment and award dated 04.07.2020
passed by the Senior Civil Judge and MACT, Saundatti, in MVC
Nos.403/2018, 404/2018 and 405/2018.
2. The facts, in brief, are that on account of a road
traffic accident, the claimants' sustained injuries and filed claim
petitions before the Tribunal seeking compensation. The
Tribunal, after considering the oral and documentary evidence,
partly allowed the claim petitions and awarded compensation.
Being dissatisfied with the quantum of compensation awarded,
the claimants have preferred these appeals seeking
enhancement.
3. Learned counsel appearing for the appellants-
claimants contends that the Tribunal has taken the monthly
income of the claimant in MVC No.403/2018 at ₹7,000/-, which
is on the lower side. It is submitted that as per the chart
prepared by the Karnataka State Legal Services Authority for the
year 2018, the notional income ought to have been taken at
₹10,250/- per month. It is further submitted that the Tribunal
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
has otherwise correctly assessed the age, disability and
multiplier and therefore only enhancement under the head of
loss of future income is sought in MFA No.100724/2020. In
respect of MFA Nos.100760/2020 and 100761/2020, it is
submitted that the compensation awarded is just and reasonable
and no modification is sought.
4. Learned counsel for the respondent-insurance
company supports the impugned judgment and award and
submits that the Tribunal has properly appreciated the evidence
on record and awarded just compensation. It is further
contended that the liability, if any, is subject to the terms and
conditions of the policy and appropriate orders may be passed in
accordance with law.
5. I have carefully considered the submissions made on
both sides and perused the records.
6. In so far as MFA No.100724/2020 arising out of MVC
No.403/2018 is concerned, the Tribunal has assessed the age of
the claimant at 35 years, disability to the whole body at 12%
and adopted the multiplier of 16. These findings are based on the
medical evidence and are not disputed. However, the Tribunal
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
has taken the monthly income at ₹7,000/-. As per the notional
income chart prepared by the Karnataka State Legal Services
Authority for the year 2018, the income is required to be taken
at ₹10,250/- per month. Therefore, the loss of future income
requires to be recalculated.
7. By taking the monthly income at ₹10,250/-,
multiplier at 16 and disability at 12%, the loss of future income
works out to ₹10,250 × 12 × 16 × 12% = ₹2,36,160/-. The
Tribunal has awarded ₹1,61,280/- under this head. Therefore,
the claimant is entitled for enhancement of ₹74,880/- under the
head of loss of future income.
8. Under all other heads, the compensation awarded by
the Tribunal is just and reasonable and does not call for
interference. Accordingly, the total compensation in MVC
No.403/2018 stands enhanced from ₹2,32,227/- to ₹3,07,107/-.
9. In so far as MFA Nos.100760/2020 and 100761/2020
arising out of MVC Nos.404/2018 and 405/2018 are concerned,
the Tribunal has assessed the income, disability, multiplier and
other heads of compensation based on the evidence on record.
On re-appreciation of the material, this Court finds that the
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
compensation awarded is just and proper and does not warrant
any interference. Hence, both these appeals are liable to be
dismissed.
10. With regard to the liability, in view of the law laid
down by the Hon'ble Supreme Court in National Insurance Co.
Ltd. v. Swaran Singh & Others, reported in (2004) 3 SCC
297, even in cases of breach of policy conditions, the insurance
company is required to satisfy the award in the first instance and
thereafter recover the same from the owner of the offending
vehicle. Accordingly, I proceed to pass the following:
ORDER
(i) MFA No.100724/2020 is allowed in part. The
judgment and award passed by the Tribunal in MVC
No.403/2018 is modified only to the extent of
enhancement of compensation from ₹2,32,227/- to
₹3,07,107/- with interest at the rate awarded by
the Tribunal from the date of petition till
realization.
(ii) MFA Nos.100760/2020 and 100761/2020 are
dismissed, confirming the judgment and award
passed by the Tribunal in MVC Nos.404/2018 and
405/2018.
MFA No.100761 of 2020 c/w
MFA No.100724 of 2020,
(iii) The respondent-insurance company is directed to
deposit the entire compensation amount along with
accrued interest in all the three cases within a
period of six weeks from the date of receipt of a
certified copy of this judgment.
(iv) In view of the principles laid down in Swaran
Singh's case, the respondent-insurance company
shall pay the compensation amount to the
claimants in the first instance and is at liberty to
recover the same from the owner of the offending
vehicle, in accordance with law.
(v) On such deposit, the Tribunal shall disburse the
compensation amount to the claimants in
accordance with law.
(vi) No order as to costs.
Sd/-
(DR. K.MANMADHA RAO)
JUDGE
Rsh, CT:VP
