ABUBAKKAR C H vs MOHAMMAD ASHIF

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO. 2918 OF 2025 (MV-I)

BETWEEN:

ABUBAKKAR C.H.
S/O. LATE. MOIDU KUNHI
AGED ABOUT 60 YEARS,
RESIDING AT AGARI PALETTURU
KOLNADU VILLAGE, BANTWAL TALUK,
D.K. DISTRICT - 574 225.
…APPELLANT






(BY SRI. RAVISHANKAR SHASTRY G, ADVOCATE)

AND:

1. MOHAMMAD ASHIF
S/O. SULAIMAN, MAJOR
RESIDING AT RADUKATTE HOUSE,
VITLAPADNUR VILLAGE, KODANGI POST,
BANTWAL TALUK, D.K. DISTRICT - 574 243.

2.
SHAGUFTA SHAIK
S/O. AYUB PASHA, MAJOR
RESIDING AT NO. 13, 4TH MAIN,
NEAR INDIAN MEDICAL
NEAR GURUPPPANAPALYA
BANGALORE - 560 029.

3. BHARATI AXA GENERAL INSURANCE CO. LTD.,
NO. 13, 5TH MAIN,
NEW GURUPPANAPALYA, BANGALORE
REPRESENTED BY ITS BRANCH MANAGER
PIN - 560 029.





Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025


4. UNITED INDIA INSURANCE COMPANY LTD.,
SALDANA BUILDING, BRIDGE ROAD,
BALMATTA, REPRESENTED BY ITS
BRANCH MANAGER, PIN - 575 001.
…RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY, ADVOCATE FOR
SRI. B. PRADEEP, ADVOCATE FOR R3;
SRI. C. SHANKAR REDDY, ADVOCATE FOR R4;
R1 - SERVED;
VIDE ORDER DATED 09.01.2026, R2 IS EXPARTE)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 09.10.2024 PASSED IN MVC
NO.1182/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT
The claimant has filed the appeal challenging the
liability fastened on the owner and seeking enhancement
of quantum of compensation awarded in the Judgment and
Award dated 09.10.2024 passed in MVC No.1182/2020 by
Senior Civil Judge and JMFC and IX MACT, Bantwal, D.K.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025



2. Even though the matter is listed today for
orders, with the consent of both the learned counsel for
appellant and learned counsel for respondent No.3 and
learned counsel for respondent No.4, the matter is taken
up for disposal.


3. The appellant/claimant made a claim petition
seeking for award of compensation for the injuries
sustained by him in a road traffic accident occurred on
08.04.2020 contending that the accident occurred due to
rash and negligent driving of the rider of motorcycle
bearing registration No.KA-51-HL-8402.


4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded global
compensation of Rs.70,000/- with interest at the rate of
6% per annum from the date of petition to realisation. The
Tribunal holding that the rider of offending vehicle bearing
registration No.KA-51-HL-8402 was not having driving
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025


license fastened the liability on respondent No.2/owner of
the vehicle and the said vehicle was insured with
respondent No.3. The claimant challenging the said liability
fastened on the owner and seeking enhancement of the
compensation has filed the present appeal.

5. Heard the learned counsel for appellant and
learned counsel for respondent No.3/insurer and learned
counsel for respondent No.4.

6. Learned counsel for the appellant would
contend that, respondent No.2/owner of motorcycle
bearing registration No.KA-51-HL-8402 has insured his
motorcycle with the respondent No.3-insurer. Respondent
No.1 was riding the motorcycle as on the date of accident
and he was not having Indian driving license, but he was
having UAE driving license. Even though the Tribunal has
held that respondent No.1 is liable to pay the
compensation awarded, the Tribunal ought to have passed
the order for pay and recovery for violation of policy
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025


condition. He further contended that the claimant has
sustained eight (08) injuries as per Ex.P6 - Wound
Certificate. Out of them, four (04) are fractures and other
four (04) are simple injuries. Considering the same the
compensation awarded by the Tribunal is on lower side
and the claimant is entitled to compensation under pain
and sufferings, loss of amenities, medical expenses, loss of
income during laid up period and attendant, conveyance,
food and nourishment charges etc. With these, he prayed
to allow the appeal.

7. Learned counsel for respondent No.3/insurer of
the motorcycle bearing registration No.KA-51-HL-8402
would contend that there is a violation of policy condition
as the rider of motorcycle was not holding driving license
at the time of accident and considering the same, Tribunal
fastened the liability on the owner of the motorcycle
insured with respondent No.3/insurer. The compensation
awarded by the Tribunal is just and proper and there are
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
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MFA No. 2918 of 2025


CNR: KAHC010260172025


no grounds for enhancement. With these, he prayed for
dismissal of the appeal.

8. Learned counsel for respondent No.4 would
contend that, he is formal party and he is the insurer of
the injured's motorcycle.

9. Having heard the learned counsel for
appellant/claimant, learned counsel for respondent
No.3/insurer and learned counsel for respondent No.4, the
Court has perused the impugned Judgment, Award and
other materials placed on record.

10. The charge sheet - Ex.R7 has been filed against
respondent No.1/rider of motorcycle bearing registration
No.KA-51-HL-8402 not only for offences under Indian
Penal Code, but also under Section 3(1) read with Section
181 of Motor Vehicles Act for not possessing driving
license as on the date of accident. Considering the said
aspect, the Tribunal has rightly held that there is a
violation of policy condition and fastened the liability on
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025


respondent No.2/owner of motorcycle bearing registration
No.KA-51-HL-8402. Even though the Tribunal has passed
such order, it ought to have directed the insurer i.e.,
respondent No.3 to pay the award amount and recover the
same from owner of the motorcycle i.e., respondent No.2,
since the claimant was a 3rd party. Considering the said
aspect, the Tribunal's order fastening liability on
respondent No.2/owner of the insured vehicle is
maintained and respondent No.3/insurer shall pay the said
compensation amount and recover the same from
respondent No.2/onwer of the insured vehicle.

11. The claimant has sustained the following
injuries:
a) Fracture of left mandibular angle
b) Fracture right mandibular body
c) Abrasions over left temporal region
d) Laceration over nasal bone
e) Laceration over left ankle
f) Laceration over left clavicle region
g) Fracture left Zygomatic complex
h) Fracture left upper lateral incisor

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025



12. As per Ex.P6 - Wound certificate, out of the said
eight (08) injuries, four (04) are fractures. Considering the
said injuries, the claimant is entitled to award of
compensation towards pain and suffering in a sum of
Rs.1,20,000/- and loss of amenities in a sum of
Rs.80,000/-. The medical expenses incurred by the
claimant is Rs.45,953/- as per Ex.P8 to P11 and the
claimant is entitled to award of compensation for the said
medical expenses incurred. The claimant has been
admitted in hospital for six (06) days and therefore
entitled to attendant, conveyance, food and nourishment
charges n a sum of Rs.6,000/- (Rs.1,000/- X 06 days).

13. Considering the injuries/fractures sustained by
the claimant, he has to take rest atleast for three (03)
months and therefore entitled to loss of income during laid
up period in a sum of Rs.43,500/- (Rs.14,500/- i.e.,
notional income fixed for the year 2020 X 03 months).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025



14. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 1,20,000/-
2. Loss of amenities Rs. 80,000/-
3. Medical expenses Rs. 45,953/-
4. Loss of income during laid
up period
Rs. 43,500/-
5. Attendant, conveyance, food
and nourishment charges
etc.
Rs. 6,000/-
Total Rs. 2,95,453/-


15. The claimant is entitled to total compensation of
Rs.2,95,453/- as against Rs.70,000/- awarded by the
Tribunal with interest.

16. Consequently, the claimant is entitled to
enhanced compensation of Rs.2,25,453/- (Rs.2,95,453/- -
Rs.70,000/-) with interest at the rate of 6% per annum
from the date of petition till realisation.

17. Respondent No.3/insurer shall deposit the
amount awarded by the Tribunal and enhanced
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
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MFA No. 2918 of 2025


CNR: KAHC010260172025


compensation awarded by this Court with interest and is at
liberty to recover the amount deposited from respondent
No.2/owner of the insured vehicle.

18. In view of the above, the following:

ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.2,25,453/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.3/insurer shall deposit the
amount awarded by the Tribunal and
enhanced compensation awarded by this
Court with interest within six weeks from
this day and is at liberty to recover the
amount deposited from respondent
No.2/owner of the insured vehicle.
iv) The appellant/claimant is entitled to release
of entire enhanced compensation with
interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57707
MFA No. 2918 of 2025


CNR: KAHC010260172025


Learned counsel for respondent No.4 is permitted to
file vakalath within two weeks.

Digitally Signed By:
SHIVASHANKAR BASAPPA

AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE


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