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Karnataka High Court
M.D. Irfan Baig vs Anjineyalu And Ors on 23 January, 2026
-1-
NC: 2026:KHC-K:520
MFA No. 200042 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 200042 OF 2021 (MV-I)
BETWEEN:
M.D. IRFAN BAIG S/O M. D. BABU MIYA,
AGE: 37 YEARS, OCC: WATER PUMP OPERATOR IN
C.M.C RAICHUR
R/O. H.NO. 3282/12, BEROON QUILLA,
NEAR GANGA NIVAS, RAICHUR-585 401.
...APPELLANT
(BY SRI SHARANAGOUDA V. PATIL, ADVOCATE)
Digitally signed
by LUCYGRACE AND:
Location: HIGH
COURT OF 1. ANJINEYALU S/O BUDDANNA,
KARNATAKA AGE: 49 YEARS, OCC: DRIVER OF APSRTC
BUS BEARING NO. AP-29/Z-278,
R/O. DEVARAKADRA DOLKARN,
MEHABOOBNAGAR (AP)- 509 001.
2. THE DIVISIONAL CONTROLLER,
APSRTC, DIVISIONAL OFFICE,
MAHEBOOBNAGAR (AP)- 509 001.
3. THE PERSONAL OFFICER,
OFFICE OF THE REGIONAL MANAGER,
T.S.R.T.C. (RANGAREDDY REGION),
-2-
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MFA No. 200042 of 2021
HC-KAR
M.G.B.S GOULIGUDDA CHAMAN,
HYDERABAD-509 001.
...RESPONDENTS
(BY SRI S.V. DESHMUKH, ADVOCATE FOR R2 AND R3;
V/O DTD. 16.02.2021 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD PASSED BY THE COURT OF II ADDL. DIST. AND
SESSIONS JUDGE AND MACT, RAICHUR IN MVC NO.365/2017
DATED 09.10.2019 AND BE PLEASED TO ALLOW THE CLAIM
PETITION BY GRANTING THE RELIEF AS PRAYED FAR BY THE
APPELLANT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
This appeal is directed against the judgment and
award dated 09.10.2019 passed in MVC No.365 of
2017 by the II Additional District and Sessions Judge
& MACT, Raichur (for short, "the Tribunal"), wherein
the claimant seeks enhancement of compensation.
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HC-KAR
2. For the sake of convenience, the parties in
this appeal are referred to according to their status
and ranking before the Tribunal.
3. The brief facts of the case are that the
claimant was a pedestrian near Old Hospital on
Raichur-Hyderabad Road. On 22.07.2017 at about
11.05 pm, the bus bearing registration No.
AP-29/Z-278 dashed against the claimant, due to
which he sustained grievous injuries. Aggrieved by the
injuries sustained in the said road traffic accident, the
claimant filed MVC No.365 of 2017 before the Tribunal
seeking compensation.
4. On issuance of notice, the respondent-
Insurance Company appeared and filed a detailed
written statement denying the averments made in the
claim petition.
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HC-KAR
5. In order to substantiate his claim, the
claimant examined himself as PW-1 and produced 09
documents, which were marked as Exs.P-1 to P-9. On
behalf of the respondent, one witness was examined
as RW-1.
6. The Tribunal framed appropriate issues for
consideration and, after appreciating the oral and
documentary evidence on record, by its judgment and
award dated 09.10.2019, awarded a compensation of
Rs.1,27,200/- with interest at 8% per annum from the
date of petition till deposit.
7. Being dissatisfied with the quantum of
compensation awarded by the Tribunal, the claimant
has preferred the present appeal seeking
enhancement.
8. I have heard Sri. Sharanagouda V. Patil,
learned counsel for the appellant-claimant, and Sri. S.
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HC-KAR
V. Deshmukh, learned counsel for the respondent
Nos. 2 and 3, and perused the records.
9. In the light of the arguments advanced by
the learned counsel appearing for the parties, it is not
in dispute that the claimant sustained grievous injuries
in the road traffic accident occurred on 22.07.2017, as
evidenced by the wound certificate at Ex.P-3 and the
discharge summary at Ex.P-6. Considering the fact
that the accident is of the year 2017, the notional
income of the claimant is required to be assessed at
Rs.10,250/- per month, in accordance with the
guidelines of the Karnataka Legal Services Authority.
10. Taking into consideration the nature of
injuries sustained by the appellant-claimant, the
period of treatment, and the overall facts and
circumstances of the case, the compensation awarded
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by the Tribunal requires reassessment under the
following heads:
Amount
Heads
(Rs.)
Pain and suffering 1,00,000
Medical expenses 30,165
Food and nourishment 25,000
Attendant charges 20,000
Loss of income during laid-up period (Rs.10,250
30,750
× 3 months)
Loss of future income due to permanent disability Nil
Loss of future amenities 1,00,000
Total 3,05,915
Deduct compensation awarded by the
1,27,200
Tribunal
Enhanced compensation 1,78,715
11. The Tribunal has already awarded a
compensation of Rs.1,27,200/-.
12. After deducting the compensation already
awarded by the Tribunal, the claimant is entitled to an
enhanced compensation of Rs.1,78,715/-. Thus, the
claimant is entitled to a total compensation of
Rs.3,05,915/-, and further with interest at 6% per
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annum on the enhanced compensation from the date
of petition till realization.
13. Accordingly, the appeal is allowed in part.
The judgment and award passed by the Tribunal is
modified to the extent indicated above.
14. The respondent Nos. 2 and 3 is directed to
deposit the enhanced compensation amount along
with interest within a period of six weeks from the
date of receipt of a certified copy of this judgment.
15. As per the order dated 10.02.2025 the
claimant is not entitled for the interest for the delayed
period of 77 days in filing the appeal.
Sd/-
(E.S.INDIRESH)
JUDGE
SB
List No.: 1 Sl No.: 24
