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Karnataka High Court
Ayesha vs Mohd. Ashfaq And Ors on 27 January, 2026
-1-
NC: 2026:KHC-K:591
MFA No. 200190 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.200190 OF 2023 (MV-I)
BETWEEN:
AYESHA W/O FAYAZ MASULDAR,
AGE:39 YEARS,
OCC:AGRICULTURAL LABOUR AND HOUSEHOLD,
NOW NIL, R/O. MURUM, TQ. OMERGA,
NOW AT PAD SAVALAGI,
TQ. AND DIST. KALABURAGI,
NOW AT NALWAR, TQ. CHITTAPUR,
DIST. KALABURAGI.
...APPELLANT
(BY SMT. TABBASUM SULTANA, ADVOCATE)
AND:
Digitally signed
by LUCYGRACE 1. MOHD. ASHFAQ S/O MOHD. ISHAQ,
Location: HIGH AGE:MAJOR,
COURT OF OCC:BUSINESS AND OWNER OF LORRY BEARING
KARNATAKA
NO. MH-11/AL-1386,
R/O PLOT NO.11 MIG, 2ND RAHEMNAYA MASJID,
KHB COLONY, KALABURAGI - 585 103.
2. BHARATI AXA GENERAL INSURANCE CO. LTD.,
THROUGH ITS AUTHORIZED OFFICER,
OPP. VIDYA NAGAR POLICE STATION,
VIDAY NAGAR, FIRST FLOOR,
CENTRAL BUILDING, HUBBALLI - 580 021.
3. THE MANAGING DIRECTOR,
NEKRTC, CENTRAL OFFICE,
SARIGE SADAN, KALABURAGI-585 102.
-2-
NC: 2026:KHC-K:591
MFA No. 200190 of 2023
HC-KAR
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
SRI DEEPAK V. BARAD, ADVOCATE FOR R3;
V/O DTD.18.01.2023, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 14-7-2022 PASSED BY THE LEARNED ADDL.
SENIOR CIVIL JUDGE AND MACT AT CHITTAPUR, IN MVC
NO.495/2018 BY AWARDING THE COMPENSATION AMOUNT AS
PRAYED FOR. AND TO HOLD ALL THE RESPONDENTS JOINTLY
AND SEVERALLY LAIBALE TO PAY THE COMPENSATION
AWARDED TO 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 filed by the claimant in MVC
No.495/2018, challenging the judgment and award dated
14.07.2022, on the file of the learned Senior Civil Judge
and MACT, Chittapur (hereinafter referred to as 'Tribunal'),
awarding compensation to the claimant.
2. For the sake of brevity, the parties in the
appeal shall be referred to in terms of their status and
ranking before the Tribunal.
NC: 2026:KHC-K:591
HC-KAR
3. It is the case of the claimant that, the claimant
was proceeding in a bus bearing registration
No.KA-32/F-1860 towards Kalaburagi and when the bus
was crossing Bhimalli cross on Kalaburagi-Aland main
road, the lorry bearing registration No.MH-11/AL-1386,
which was also driven in rash negligent manner by the
driver of the offending vehicle and as a result of the same,
the bus got damaged and accordingly, the claimant has
sustained injuries. Hence, the claimant has filed MVC
No.495/2018, seeking compensation.
4. The claim petition was contested by the
respondent - Insurance Company. In order to establish
their case, the claimant has examined two witnesses as
PW.1 and PW.2 and got marked 13 documents as Exs.P1
to P13. No oral or documentary evidence was produced
by the respondents therein. The Tribunal after considering
the material on record, by its judgment and award dated
14.07.2022, awarded compensation of Rs.3,15,300/- with
interest at the rate of 6% per annum from the date of
NC: 2026:KHC-K:591
HC-KAR
claim petition till realization. Feeling aggrieved by
inadequate compensation awarded by the Tribunal, the
claimant has preferred this appeal.
5. Having taken note of the submission made by
the learned counsel appearing for the parties and the
injuries sustained by the claimant as per the wound
certificate produced at Ex.P6 and the disability certificate
issued by the treating doctor at Ex.P8, I am of the opinion
that, the award of compensation required to be modified.
6. Accordingly, the quantum of compensation
required to be reassessed as follows:
Heads Amount
Pain and suffering Rs.50,000/-
Loss of earnings during laid up Rs.21,000/-
period (Rs.6,000x3)
Loss of amenities Rs.50,000/-
Loss of future of earnings Rs.2,28,480/-
(Rs.7,000x12x16x17%)
Towards diet and attendant charges Rs.20,000/-
Medical expenses Rs.20,800/-
Future medical expenses Rs.15,000/-
Total Rs.4,05,280/-
Less: awarded by Tribunal Rs.3,15,300/-
Enhancement Rs.89,980/-
NC: 2026:KHC-K:591
HC-KAR
Thus, the clamant is entitled for enhanced
compensation of Rs.89,980/- rounded of to Rs.90,000/-
with interest at the rate of 6% per annum.
7. In the result, I pass the following:
ORDER
I. The appeal is allowed in part.
II. The appellant/claimant is entitled for enhanced
compensation of Rs.90,000/- with interest at
the rate of 6% per annum from the date of
petition till the date of realization.
III. Respondent No.2 - Insurance Company is
directed to deposit the aforesaid compensation
amount within six weeks from the date of receipt
of certified copy of this judgment.
IV. No interference is made insofar as liability is
concerned.
NC: 2026:KHC-K:591
HC-KAR
V. As per the order passed by this Court dated
18.01.2023, the appellant/claimant is not
entitled for interest for the delayed period of 5
days in filing the appeal.
VI. Learned counsel Sri Sudarshan M. and learned
counsel Sri Deepak V. Barad, are permitted to
file memo of appearance on behalf of respondent
Nos.2 and 3 respectively, within four weeks from
today.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 32
CT:PK
