ABDUL JABBAR SAB @ JABBAR vs RUDRANAIK
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 05 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2687 OF 2021
(MV-I)
BETWEEN:
1. ABDUL JABBAR SAB @ JABBAR,
S/O CHAMAN SAB,
AGED ABOUT 51 YEARS,
MASON, PRESENTLY NIL,
R/O BASAVAPATTANA VILLAGE,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT - 577 213.
…APPELLANT
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
(BY SRI. R. SHASHIDHARA., ADVOCATE)
AND:
1. RUDRANAIK,
S/O MANGLANAIK,
AGED ABOUT 49 YEARS,
DRIVER CUM OWNER OF CAR
BEARING NO.KA-17/P-0176
R/O BASAVAPATTANA VILLAGE,
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NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT - 577 213.
2. THE MANAGER,
IFFCO TOKIO GENERAL
INSURANCE CO. LTD.,
RD
BRANCH OFFICE, 3 MAIN ROAD,
LAWYER ROAD, P.J.EXTENSION,
DAVANAGERE - 577 001.
…RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA., ADVOCATE FOR R2;
NOTICE TO R1 IS D/W V/O. DT.28.10.2022)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.11.2019, PASSED IN
MVC.NO.561/2019, ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND MEMBER, M.A.C.T.-IV AT DAVANAGERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
ORAL JUDGMENT
1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 27.11.2019 passed in
MVC No.561/2019 on the file of the Principal Senior Civil
Judge and MACT-IV at Davanagere (for short, ‘Tribunal’).
Brief facts of the case:
2. On 09.02.2019 at about 05.45 p.m., the appellant was
travelling in the car of respondent No.1 bearing
registration No.KA.17.P.0176 to attend parents’ meeting
at the school. After completion of the parents’ meeting,
they were returning to their native place. At that time,
near Kuramballi bus stand, respondent No.1 drove the
said car at a high speed and in a rash and negligent
manner. All of a sudden, one cow was crossing the road
and while attempting to avoid hitting the cow, respondent
No.1 lost control of the car, as a result of which, the car
overturned on left side of the road. The appellant, being
an inmate of the car, sustained grievous injuries to his
teeth, right ear, head, neck, cheek, and other parts of the
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HC-KAR
NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
body. In the accident, his teeth were broken, the right
ear was torn, and he also sustained a fracture of the
spinal bone, head injuries, and other bodily injuries.
Immediately, he was shifted to MaGann Hospital,
Shivamogga for first aid treatment. Later, he was shifted
to MAax Hospital, Shivamogga for further treatment and
later, to Manipal Hospital. The appellant approached the
Tribunal by filing the claim petition. The Tribunal
awarded Rs.5,87,320/- along with interest at the rate of
8% per annum from the date of petition till its realization.
3. Heard Sri R. Shashidhara, learned counsel for appellant
and Sri R. Srinivasa Gowda, learned counsel for
respondent No.2.
4. The submission of the learned counsel for the appellant is
that the Tribunal has failed to consider proper
compensation under the conventional heads. The
appellant sustained fracture of C5 and C6 vertebrae and
mandible and underwent surgery with implants. The
Tribunal awarded inadequate compensation under various
heads, assessed monthly income at Rs,9,000/- instead of
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HC-KAR
NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
Rs.20,000/- and disability at 15% despite the doctor’s
evidence of 45% permanent disability. No compensation
was awarded towards future medical expenses. Having
said thus, learned counsel for the appellant prays to allow
the appeal.
Per contra
5. , learned counsel representing the respondent
No.2 – Insurance Company vehemently submitted that
the Tribunal has passed the award properly. Hence, the
appeal may be dismissed.
6. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, it is an
undisputed fact that the accident had occurred on
19.02.2019. The appellant had sustained injuries.
Though the appellant claimed before the Tribunal that he
was working as a mason and his earning was Rs.20,000/-
per month, the fact remains that the Tribunal considered
Rs.9,000/- per month without assigning any valid reasons
as notional income. Even assuming that the notional
income is considered for the year 2019, the income would
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HC-KAR
NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
have been Rs.14,000/- per month. Therefore, the said
income is considered to determine the compensation.
7. Consequently, the award of the Tribunal is modified and
the claimant / appellant would be entitled to the
compensation as under:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This
Court
01 Pain and sufferings 40,000 60,000
02 Food and Nourishment, 23,000 23,000
conveyance and attendant charges
27,000 42,000
03 Loss of income during laid up
period
(14,000x3)
04 Medical expenses 1,64,400 1,64,400
05 Loss of earning due to disability
3,22,920 3,54,900
(14,000+25%x12x13x13%)
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HC-KAR
NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
06 Loss of amenities and unhappiness 10,000 20,000
07 Future medical expenses Nil 30,000
TOTAL 5,87,320/- 6,94,300
10. In the light of the observations made above, I proceed to
pass the following:-
ORDER
i) Miscellaneous First Appeal filed by the
claimant / appellant is allowed in part.
ii) The judgment and award dated
27.11.2019 passed in MVC No.561/2019 on the file
of the Principal Senior Civil Judge and Member,
MACT-IV, Davangere is modified, granting
compensation of Rs.6,94,300/- (Rupees Six Lakhs
Ninety Four Thousand Three Hundred only) as
against Rs.5,87,320/-awarded by the Tribunal.
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NC: 2026:KHC:55277
MFA No. 2687 of 2021
CNR: KAHC010171382020
iii) The claimant is entitled to enhanced
compensation of Rs.1,06,980/- with interest at the
rate of 6% per annum from the date of this appeal
till realization.
iv) The enhanced compensation amount
shall be deposited by the respondent within a period
of six weeks from the date of receipt of the certified
copy of this judgment.
v) The Tribunal is directed to release the
entire amount in favour of the claimant.
vi) The Registry is directed to communicate
the order to the Tribunal and send the records to the
Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
Bss
List No.: 1 Sl No.: 16