SRI FAROOQ AHMED KHAN vs SMT. NEELAMMA T.

- 1 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019



IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 06 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 1133 OF 2020
(MV-I)
C/W
MFA CROSS OBJECTION NO. 1 OF 2024 (MV-I)

IN MFA No. 1133/2020

BETWEEN:

1. SRI. FAROOQ AHMED KHAN,
S/O SRI. ANWAR KHAN,
AGED ABOUT 35 YEARS,
TH
R/AT NO.385, 4 CROSS,
LAKSHMI LAYOUT, AREKERE,
BANNERGHATTA ROAD,
OPP. MASJID E UMME KULSUM
BANGALORE - 560 076.
…APPELLANT
(BY SRI. DEVARAJ N., ADVOCATE)

AND:

1. SMT. NEELAMMA T,
D/O SRI. THIPPANNA,
AGED ABOUT 41 YEARS,
R/AT LAKSHMIPURA,
SAKALAVARA POST,
ANEKAL TALUK, B.G. ROAD,
BANGALORE – 560 083.
…RESPONDENT
(BY SRI. P. SURESH., ADVOCATE)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.08.2019, PASSED IN
MVC.NO.5432/2018, ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES JUDGE AND ADDL. M.A.C.T.-7 AT BENGALURU


















Digitally
signed by
SUSHMA
LAKSHMI
B S
Location:
High Court
of
Karnataka

- 2 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019


(SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING SET ASIDE THE AWARD.

IN MFA.CROB NO. 1/2024
BETWEEN:

1. NEELAMMA T.,
D/O THIPPANNA,
AGED ABOUT 44 YEARS,
PRESENTLY R/A LAKSHMIPURA,
SAKALAVARA PSOT,
ANEKAL TALUK, B. G. ROAD,
BANGALORE – 560 083.
...CROSS OBJECTOR
(BY SRI. P. SURESH., ADVOCATE)
AND:

1. FAROOQ AHMED KHAN,
S/O ANWAR KHAN,
MAJOR IN AGE,
TH
R/A NO.385, 4 CROSS,
LAKSHMI LAYOUT, AREKERE,
BANNERGHATTA ROAD,
OPP. MASJID E UMME KULSUM,
BANGALORE – 560 076.
...RESPONDENT
(BY SRI. DEVARAJ N., ADVOCATE)
----
THIS MFA CROB IS FILED UNDER ORDER XLI RULE 22
OF CPC R/W SECTION 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.08.2019, PASSED IN
MVC.NO.5432/2018, ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES JUDGE AND ADDL. M.A.C.T. AT
BENGALURU (SCCH-7) PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

THE APPEAL AND CROB. COMING ON FOR HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH

- 3 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019



ORAL JUDGMENT

In MFA No.1133/2020:

1. Case called out at 02.52 p.m. None appears for the
appellant. Learned counsel for the respondent is present.
2. On perusal of the order-sheet, it is found that the
appellant has remained absent on several occasions.
Today, in the pre-lunch session and post-lunch session
also, the appellant has remained absent and it appears
that he is not interested to proceed with the case.
3. Hence, the appeal is dismissed for non-prosecution.

IN MFA.CROB.No.1/2024
4. This MFA Cross Objection has been filed by the
claimant/Cross Objector seeking enhancement of
compensation, being aggrieved by the judgment and
award dated 23.08.2019 passed in MVC No.5432/2018 on
the file of the IX Additional Small Causes Judge and
Additional MACT., Bengaluru (SCCH-7) (for short,
‘Tribunal’), wherein the Tribunal awarded compensation

- 4 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019


of Rs.1,81,093/- with interest at 6% p.a. from the date of
petition till realization.
Brief facts of the case:

5. On 08.07.2018, at about 03.30 p.m., when the claimant
was going in a TVS Jupiter scooter bearing registration
No.KA-51-EU-5568 near Harapanahalli Lake, Jigani Hobli,
Anekal Taluk, Bangalore District, the driver of the car
bearing registration No.KA-51-ME-2132 drove the same
in a high speed, rash and negligent manner and dashed
against her motorcycle from backside. As a result, she
fell down and sustained a fracture of left clavicle, fracture
th th
of 7 and 8 ribs and other injuries all over the body.
Immediately, the claimant was admitted to hospital and
she underwent surgeries. Hence, she approached the
Tribunal by filing the claim petition. The Tribunal
awarded the compensation as stated supra.

6. Heard Sri P Suresh, learned counsel for cross-objector.
Sri Devaraj N., learned counsel for respondent, remained
absent.

- 5 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019



7. The submission of the learned counsel for the appellant is
that the Tribunal has failed to consider proper income and
also proper disability. Consequently, the impugned
award was passed. In fact, the Tribunal ought to have
awarded the loss of future income and also the loss of
income during laid-up period. Therefore, interference
with the said findings is essential and also necessary to
secure the ends of justice. Having said thus, learned
counsel for the appellant prays to allow the appeal.

8. Learned counsel representing the respondent remained
absent.

9. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, the
Tribunal while assessing the “loss of future income”
opined that the injured has sustained fracture of left
th th
clavicle bone and fracture of 7 and 8 right ribs. Those
injuries will not cause any permanent disability.
Therefore, the appellant is not entitled any compensation
under the head loss of future income. The said findings,
in my considered view, appear to be appropriate.

- 6 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019



10. The accident had occurred on 08.07.2018 and the
claimant took three months’ bed rest. Hence, loss of
income during laid-up period will be considered as per the
notional income. The accident is of the year 2018. The
notional income was Rs.12,500/- per month. Hence, the
calculation would be 12,500 x 3 = Rs.37,500/- under the
head “loss of income during laid-up period”.

11. Thus, the following changes are made as mentioned in
the table given below in respect of other conventional
heads:-
Award amount
Particulars (in Rupees)
Tribunal
This Court

Sl.
No.
01 For pain and sufferings, 40,000 40,000
mental agony
02 Actual medical expenses 1,31,093 1,31,093
03 For special diet & 10,000 20,000
conveyance
04 Loss of Amenities NIL 30,000
05 Loss of Income during laid- NIL 37,500
up period (12,500 x 3)
TOTAL 1,81,093 2,58,593

- 7 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019


12. In the light of the observations made above, I proceed to
pass the following:-
ORDER

i) Miscellaneous First Appeal Cross
Objection No.1/2024 filed by the claimant / cross-
objector is allowed in part.

ii) The judgment and award dated
23.08.2019 passed in MVC No.5432/2018 on the file
of the IX Additional Small Causes Judge and
Additional MACT., Bengaluru (SCCH-7), is modified,
granting compensation of 2,58,593/- (Rupees Two
Lakhs Fifty Eight Thousand Five Hundred and Ninety-
three only) as against Rs.1,81,093/- awarded by the
Tribunal.

iii) The claimant is entitled to enhanced
compensation of Rs.77,500/- with interest at the rate
of 6% per annum from the date of the petition till
realization. However, the delay in filing the cross-

- 8 -
HC-KAR
NC: 2026:KHC:55592
MFA No. 1133 of 2020
C/W MFA.CROB No. 1 of 2024


CNR: KAHC010479072019


objection i.e., 1070 days will not carry any interest
on the enhanced compensation.

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.: 31