[Cites 1, Cited by 0]
Karnataka High Court
Md.Haji Sab (Haji Baba) vs Ismail And Anr on 20 January, 2026
-1-
NC: 2026:KHC-K:315
MFA No. 200700 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 200700 OF 2018 (MV-I)
BETWEEN:
MD.HAJI SAB (HAJI BABA)
S/O BABUMIYAN GUDAWALE,
AGED ABOUT 24 YEARS, OCC: MESON PLASTER
WORK(SKILL MEASON),
R/O. YADLAPUR, TQ. DIST. BIDAR.
...APPELLANT
(BY SRI SANTOSH BIRADAR, ADVOCATE)
AND:
Digitally signed 1. ISMAIL
by LUCYGRACE S/O SATTAR MIYYA MOUJAN,
Location: HIGH AGED ABOUT 24 YEARS, OCC: BUSINESS,
COURT OF R/O. YADALAPUR, TQ.DIST.BIDAR-585 226.
KARNATAKA
2. THE MANAGER,
NATIONAL INSURANCE COMPANY LTD.,
MANJU COMPLEX, 2ND FLOOR, OPP. SAI SCHOOL
NEAR NEHARU STADIUM, BIDAR-585 401
...RESPONDENTS
(BY SRI SHIVANAND PATIL, ADVOCATE FOR R2;
V/O DTD. 06.01.22 NOTICE TO R1 IS DISPENSED WITH)
-2-
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MFA No. 200700 of 2018
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO, ALLOW THE APPEAL, MODIFY THE
IMPUGNED JUDGMENT AND AWARD DATED 17.10.2017
PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE
AND CJM, BIDAR, IN MVC NO.254/2014 AND ENHANCE THE
COMPENSATION AS PRAYED FOR.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. This appeal is directed against the judgment and
award dated 17.10.2017 passed in MVC No.254 of
2014 on the file of the Principal Senior Civil Judge and
Chief Judicial Magistrate, Bidar (for short, 'the
Tribunal'), wherein compensation was awarded in
favour of the claimant.
2. For the sake of convenience, the parties shall be
referred to as per their ranking before the Tribunal.
3. The brief facts of the case are that, on
30.09.2013, the claimant was proceeding as a pillion
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rider on a motorcycle bearing registration No. KA-
38/Q-2898 on Bidar-Humanabad Road. Due to rash
and negligent riding of the said motorcycle, it dashed
against a buffalo, and as a result of which the claimant
sustained grievous injuries. Aggrieved by the injuries
sustained, the claimant has filed MVC No.254 of 2014
seeking compensation.
4. On issuance of notice, respondent No.2-
Insurance Company entered appearance and filed its
written statement denying the averments made in the
claim petition.
5. In order to substantiate the claim, the claimant
examined himself as PW-1 and examined he Doctor as
PW-2, and produced 124 documents, which were
marked as Exs.P-1 to P-124. The respondents did not
lead any oral or documentary evidence.
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6. The Tribunal framed appropriate issues for
consideration and, upon appreciation of the evidence
on record, by its judgment and award dated
17.10.2017, awarded a total compensation of
Rs.5,09,600/- with interest at 6% per annum from the
date of petition till realization. Not being satisfied with
the quantum of compensation awarded, the claimant
has preferred the present appeal seeking
enhancement.
7. I have heard Sri. Santhosh Biradar, learned
counsel appearing for the appellant, and Sri.
Shivanand Patil, learned counsel appearing for the
respondent-Insurance Company, and perused the
records.
8. The learned counsel for the appellant contended
that the Tribunal has committed an error in assessing
the permanent disability at 10%, despite PW-2-Doctor
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having assessed the disability at 44% to the whole
body. It is further contended that the compensation
awarded under various other heads is inadequate and
requires enhancement. Accordingly, sought for
interference of this court.
9. Per contra, the learned counsel appearing for the
respondent-Insurance Company sought to justify the
impugned judgment and award passed by the
Tribunal.
10. In light of the submissions advanced by the
learned counsel for the parties, it is not in dispute that
the accident occurred on 30.09.2013 and that the
claimant sustained grievous injuries, as evidenced by
Exs.P-4 and P-6. It is also on record that the claimant
was working as a Mason. Upon careful consideration of
the findings recorded by the Tribunal, this Court is of
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the opinion that interference is called for in the
present appeal.
11. The Tribunal has awarded Rs.75,000/- towards
pain and suffering; Rs.1,83,000/- towards medical
expenses and Rs.48,000/- towards Loss of earnings
during laid up period, which do not call for interference.
12. However, considering the nature of injuries and
the evidence of PW-2-Dcotor, the compensation
awarded towards permanent disability is on the lower
side. Accordingly, the claimant is entitled to
compensation of Rs.3,45,600/- (Rs.8,000x12x18x20%)
towards loss of future income, by applying the
multiplier of 18 in terms of the judgment of the
Hon'ble Supreme Court in the case of Sarla Verma Vs.
Delhi Transport Corporation, reported in (2009) 6 SCC
121.
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HC-KAR
13. Taking into consideration the nature of injuries
sustained by the appellant/claimant, this Court deems
it appropriate to award compensation under different
heads. Accordingly, the quantum of compensation
requires to be reassessed as follows:
Heads Amount
Pain and suffering Rs.75,000/-
Loss of earnings during laid up Rs.48,000/-
period for six months (Rs.8,000x6)
Loss of amenities Rs.50,000/-
Loss of future of earnings Rs.3,45,600/-
(Rs.8,000x12x18x20%)
Towards Conveyance, Nourishment Rs.60,000/-
and attendant charges (Rs.20,000/-
each)
Disfigurement Rs.25,000/-
Medical expenses Rs.1,83,000/-
Total Rs.7,86,600/-
Less compensation awarded by the Rs. 5,09,600/-
Tribunal
Enhanced compensation Rs. 2,77,000/-
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14. Thus, the claimant is entitled enhanced
compensation of Rs.2,77,000/- with interest at 6%
per annum from the date of petition till realization.
However, in terms of the order dated 20.01.2022, the
appellant is not entitled for interest for a period of 30
days.
15. Accordingly, the appeal is allowed in part. The
judgment and award passed by the Tribunal is
modified to the extent indicated above.
Sd/-
(E.S.INDIRESH)
JUDGE
SB
List No.: 1 Sl No.: 23
CT:PK
