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Karnataka High Court
Gouse Pak vs Shadul And Anr on 31 January, 2026
-1-
NC: 2026:KHC-K:796
MFA No. 201566 of 2022
C/W MFA No. 201632 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 201566 OF 2022 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 201632 OF 2022 (MV-I)
IN MFA No. 201566/2022:
BETWEEN:
GOUSE PAK S/O TOLA PATEL,
AGE:24 YEARS, OCC: DRIVER,
R/O. 1ST CROSS MSK MILL ROAD,
MISAB NAGAR, KALABURAGI-585301.
...APPELLANT
(BY SRI. NAGARAJ PATIL, ADVOCATE)
Digitally signed by AND:
LUCYGRACE
Location: HIGH 1. SHADUL S/O KHASEEMSAB,
COURT OF AGE:MAJOR,
KARNATAKA
OCC: OWNER OF THE BOLERO PICKUP,
R/O. DUBALGUNDI, TQ. HUMNABAD, DIST. BIDAR.
2. THE MANAGER SHRIRAM
GENERAL INSURANCE CO. LTD.,
BALAJI COMPLEX,
R/O NEHARU GUNJ GANDI NAGAR,
HUMNABAD ROAD KALABURAGI.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADVOCATE FOR R2;
V/O DTD. 05.09.2022 NOTICE TO R1 IS DISPENSED WITH)
-2-
NC: 2026:KHC-K:796
MFA No. 201566 of 2022
C/W MFA No. 201632 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO, A) TO MODIFY THE JUDGMENT
AND AWARD DATED 11.01.2022 PASSED IN MVC NO.
1168/2020 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND
MACT KALABURAGI AND ALLOW THIS APPEAL BY ENHANCING
THE COMPENSATION AMOUNT OF RS, 14,99,999/- ONLY AS
CLAIMED BY THE APPELLANT BEFORE THIS HON'BLE COURT.
B) ORDER FOR COSTS OF THIS APPEAL. C) PASS SUCH OTHER
ORDERS DEEMS FOR IN THE CIRCUMSTANCES OF THE CASE.
IN MFA NO. 201632/2022:
BETWEEN:
MASHAK S/O AYUB PATEL,
AGE:17 YEARS, OCC: STUDENT AND NEWS PAPER
VENDING HIS GUARDIAN FATHER
AYUB PATEL S/O KHAJA PATEL,
AGE: 46 YEARS, OCC: COOLIE,
R/O H.NO.3-11-6891/77 MSK MILL ROAD,
NEAR AHALE HADISS MASJID MISBA NAGAR,
KALABURAGI.
...APPELLANT
(BY SRI NAGARAJ PATIL, ADVOCATE)
AND:
1. SHADUL S/O KHASEEMSAB,
AGE: MAJOR, OCC: OWNER OF THE BOLERO PICKUP,
R/O DUBALGUNDI, TQ. HUMNABAD, DIST. BIDAR.
2. THE MANAGER SHRIRAM
GENERAL INSURANCE CO. LTD.,
BALAJI COMPLEX,
R/O NEHARU GUNJ GANDI NAGAR,
HUMNABAD ROAD KALABURAGI.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DTD.24.08.2022 NOTICE TO R1 IS DISPENSED WITH)
-3-
NC: 2026:KHC-K:796
MFA No. 201566 of 2022
C/W MFA No. 201632 of 2022
HC-KAR
THIS MFA IS FILED UNDER SECTION 173(1) OF
MOTOR VEHICLES ACT, PRAYING TO A) MODIFY THE
JUDGMENT AND AWARD DATED 11.01.2022 PASSED IN
MVC NO.1169/2020 ON THE FILE OF PRL. SENIOR CIVIL
JUDGE CJM KALABURAGI AND ALLOW THIS APPEAL BY
ENHANCING THE COMPENSATION AMOUNT OF RS,
12,73,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE
THIS HON'BLE COURT. B) ORDER FOR COSTS OF THIS
APPEAL. C) PASS SUCH OTHER ORDERS DEEMS FOR IN
THE CIRCUMSTANCES OF THE CASE.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
1. Heard the learned counsel for the parties.
2. These appeals are arising out of the Judgment
and award dated 11.01.2022 passed in MVC No.1168/2020
and MVC No.1169/2020 on the file of the Principal Senior
Civil Judge CJM, Kalaburagi (for short 'the Tribunal')
awarding compensation to the claimants.
3. For the sake of convenience, the parties will be
referred to as per their ranking before the Tribunal.
4. Having taken note of the submission made by the
learned counsel for the parties, it is not in dispute as to the
NC: 2026:KHC-K:796
HC-KAR
occurrence of the accident on 28.09.2020 in which the
claimant has suffered grievous injuries and the same is
evident from the medical records produced by the parties.
5. The claimant in MVC No.1168/2020 has preferred
MFA No.201566/2022. Taking into consideration the injuries
sustained by the claimant by considering the certificate
produced at Ex.P.6, makes it clear that the claimant has
sustained grievous injuries. Though the treating Doctor has
stated that the claimant has sustained an injury to an extent
of 50.2%, however, taking into consideration the injury
sustained by the claimant, I am of the view that, the
disability be taken at 30%.
6. Taking into consideration that the accident is of
the year 2020 and following the guidelines made by the
Karnataka Legal Services Authority, the monthly income of
the claimant is to be taken at Rs.13,750/- and by applying
appropriate multiplier of '18' the claimant is entitled for a
sum of Rs.8,91,000/- (Rs.13,750/- X 12 X 18 X 30%)
towards loss of earning capacity. Taking into consideration
NC: 2026:KHC-K:796
HC-KAR
the material on record, the compensation is re-assessed as
follows:
Sl.No. Heads of compensation Amount
1 Loss of earning capacity Rs.8,91,000/-
2 Pain and sufferings Rs.1,00,000/-
3 Medical expenses Rs.11,90,518/-
4 Attendant charges Rs.1,20,000/-
5 Loss of income during laid Rs.82,500/-
up period
6 Loss of amenities Rs.50,000/-
Total Rs.24,34,018/-
7. Hence, the claimant is entitled for total
compensation Rs.24,34,018/- along with interest at the rate
of 6% per annum from the date of petition till date of
realization.
8. The claimant in MVC No.1169/2020 has preferred
MFA No.201632/2022 seeking enhancement of the
compensation. Considering the nature of the injuries as
evident from Ex.P.6 and Ex.P.7 and that the treating Doctor
has stated that the claimant has suffered to an extent of
35% towards physical disability, I am of the view that, the
disability be taken at 15%. Taking into consideration the
monthly income of the claimant as Rs.13,750/- as per the
NC: 2026:KHC-K:796
HC-KAR
guidelines of the Karnataka State Legal Services Authority
and by applying appropriate multiplier '18', the claimant is
entitled for a sum of Rs.4,45,500/- (Rs.13,750/- X 12 X 18 X
15%) towards loss of future earning. In that view of the
matter, the compensation is re-assessed by looking into the
nature of the injuries, as under:
Sl.No. Heads of compensation Amount
1 Loss of earning capacity Rs.4,45,500/-
2 Pain and sufferings Rs.1,00,000/-
3 Discomfort, inconvenience Rs.20,000/-
and loss of earnings to the
parents during the period of
hospitalization
4 Medical expenses Rs.1,88,887/-
5 Towards attendant and diet Rs.50,000/-
charges
6 Loss of amenities Rs.50,000/-
Total Rs.8,54,387/-
9. Hence, the claimant is entitled for total
compensation of Rs.8,54,387/- along with interest at the
rate of 6% per annum from the date of petition till the date
of realization.
10. Accordingly, the following:
NC: 2026:KHC-K:796
HC-KAR
ORDER
(i) Both appeals are allowed in-part;
(ii) The claimant in MFA No.201566/2022 is entitled
for total compensation Rs.24,34,018/- along with interest at
the rate of 6% per annum from the date of petition till date
of realization;
(iii) The claimant in MFA No.201632/2022 is entitled
for total compensation of Rs.8,54,387/- along with interest
at the rate of 6% per annum from the date of petition till the
date of realization;
(iv) The Insurance company in the respective appeals
are directed to deposit the compensation amount along with
interest within a period of six weeks from the date of this
order;
Sd/-
(E.S.INDIRESH)
JUDGE
Svh
List No.: 1 Sl No.: 29
CT:PK
