Full Judgment Text
- 1 -
NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 19 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 1061/2025 (MV-I)
BETWEEN:
SRI. JAMSHID
S/O. MAIDIN SAB
AGED ABOUT 57 YEARS,
R/AT K.S. PALYA VILLAGE,
GNADALU, HULIYAR HOBLI,
TUMKUR DISTRICT-571 604.
…APPELLANT
(BY SRI. M V MAHESWARAPPA., ADVOCATE)
AND:
1. MIJJAHID PASHA
S/O. GOUSEPEER,
R/O.184, BANASHANKARI EXTN.
C.N.HALLI TOWN, C.N. HALLI TALUK,
TUMKUR DISTRICT - 571 604.
2. THE BRANCH MANAGER,
M/S. UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE: RAGHAVENDRA COLONY,
B.H. ROAD, TIPTUR,
TUMKUR DISTRICT-572 201.
…RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA FOR R2,
V/O DTD:30.08.2025 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.14.09.2023 PASSED IN MVC
NO.830/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court Of
Karnatka
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NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed against the judgment and award dated
14.09.2023 passed by the Senior Civil Judge and MACT,
Chikkanayakanahalli in MVC No.830 of 2018.
2. The injured claimant, aged 50 years, met with an
accident on 01.07.2017, and filed a claim application claiming
compensation of Rs.25,00,000/- with interest. The Tribunal,
considering the entire evidence on record, granted the global
compensation of Rs.50,000/- with interest at the rate of 6%
per annum from the date of petition till realisation.
3. Aggrieved by the said order, the claimant preferred
this appeal and mainly contended that he was admitted in the
hospital for a period of 15 days. He incurred Rs.25,000/-
towards medical bills and filed relevant documents. He
sustained grievous injuries, but the Tribunal granted
inadequate compensation and not granted any amount under
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NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
the head loss of disability, loss of income, amenities, laid up
period, future medical expenses and thus, requested for
enhancement of the compensation.
4. Heard the learned counsel for both sides.
5. The petitioner has stated that he was doing timber
business and earning Rs.25,000/- per month, but he has not
filed income proof to that effect. Since, he met with the
accident on 01.07.2017, as per the chart prepared by
Karnataka State Legal Services Authority, his notional income is
taken as Rs.11,000/- per month. He was aged 50 years and the
multiplier is 13.
6. As per the wounds certificate-Ex.P.3, the petitioner
sustained injuries on his right leg and right tibia and tenderness
all over the body, which are grievous in nature. The petitioner
also examined the doctor as PW2 and he is an orthopedic
surgeon. He issued disability certificate under Ex.P.25 and
assessed the disability of 30% of the right lower limb and 10%
of the whole body. He further stated that the petitioner
requires another surgery for removal of the implants in situ in
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NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
right tibia, but the cost of surgery is not estimated. Therefore,
considering the medical evidence, this Court finds it reasonable
to take the disability as one third of 30%, i.e. 10%. So the loss
of future earning capacity comes to Rs.1,71,600/-
(11,000x12x13x10%). The petitioner was hospitalized for a
period of 15 days. Considering his occupation, period of
hospitalisation and the nature of injuries, this Court finds it
reasonable to grant an amount of Rs.30,000/- for pain and
suffering, Rs.15,000/- for loss of amenities, Rs.30,000/- for
transportation, extra nourishment and attendant charges. This
Court finds it reasonable to grant an amount of Rs.10,000/-
towards medical expenses and Rs.15,000/- for future medical
expenses. The petitioner might not have attended any other
work at least for a period of three months, therefore,
Rs.33,000/- (11,000 x 3) is granted under the loss of income
during the laid up period. Thus, the total compensation comes
to Rs.2,99,600/-.
7. In all, the claimant is entitled for the compensation of
Rs.2,99,600/- with interest at 6% per annum as against
Rs.50,000/- awarded by the Tribunal.
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MFA No. 1061 of 2025
HC-KAR
8. The award of compensation passed by the Tribunal is
modified as under:
NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 19 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 1061/2025 (MV-I)
BETWEEN:
SRI. JAMSHID
S/O. MAIDIN SAB
AGED ABOUT 57 YEARS,
R/AT K.S. PALYA VILLAGE,
GNADALU, HULIYAR HOBLI,
TUMKUR DISTRICT-571 604.
…APPELLANT
(BY SRI. M V MAHESWARAPPA., ADVOCATE)
AND:
1. MIJJAHID PASHA
S/O. GOUSEPEER,
R/O.184, BANASHANKARI EXTN.
C.N.HALLI TOWN, C.N. HALLI TALUK,
TUMKUR DISTRICT - 571 604.
2. THE BRANCH MANAGER,
M/S. UNITED INDIA INSURANCE CO. LTD.,
BRANCH OFFICE: RAGHAVENDRA COLONY,
B.H. ROAD, TIPTUR,
TUMKUR DISTRICT-572 201.
…RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA FOR R2,
V/O DTD:30.08.2025 NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.14.09.2023 PASSED IN MVC
NO.830/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court Of
Karnatka
- 2 -
NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
MACT, CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed against the judgment and award dated
14.09.2023 passed by the Senior Civil Judge and MACT,
Chikkanayakanahalli in MVC No.830 of 2018.
2. The injured claimant, aged 50 years, met with an
accident on 01.07.2017, and filed a claim application claiming
compensation of Rs.25,00,000/- with interest. The Tribunal,
considering the entire evidence on record, granted the global
compensation of Rs.50,000/- with interest at the rate of 6%
per annum from the date of petition till realisation.
3. Aggrieved by the said order, the claimant preferred
this appeal and mainly contended that he was admitted in the
hospital for a period of 15 days. He incurred Rs.25,000/-
towards medical bills and filed relevant documents. He
sustained grievous injuries, but the Tribunal granted
inadequate compensation and not granted any amount under
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NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
the head loss of disability, loss of income, amenities, laid up
period, future medical expenses and thus, requested for
enhancement of the compensation.
4. Heard the learned counsel for both sides.
5. The petitioner has stated that he was doing timber
business and earning Rs.25,000/- per month, but he has not
filed income proof to that effect. Since, he met with the
accident on 01.07.2017, as per the chart prepared by
Karnataka State Legal Services Authority, his notional income is
taken as Rs.11,000/- per month. He was aged 50 years and the
multiplier is 13.
6. As per the wounds certificate-Ex.P.3, the petitioner
sustained injuries on his right leg and right tibia and tenderness
all over the body, which are grievous in nature. The petitioner
also examined the doctor as PW2 and he is an orthopedic
surgeon. He issued disability certificate under Ex.P.25 and
assessed the disability of 30% of the right lower limb and 10%
of the whole body. He further stated that the petitioner
requires another surgery for removal of the implants in situ in
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NC: 2026:KHC:2794
MFA No. 1061 of 2025
HC-KAR
right tibia, but the cost of surgery is not estimated. Therefore,
considering the medical evidence, this Court finds it reasonable
to take the disability as one third of 30%, i.e. 10%. So the loss
of future earning capacity comes to Rs.1,71,600/-
(11,000x12x13x10%). The petitioner was hospitalized for a
period of 15 days. Considering his occupation, period of
hospitalisation and the nature of injuries, this Court finds it
reasonable to grant an amount of Rs.30,000/- for pain and
suffering, Rs.15,000/- for loss of amenities, Rs.30,000/- for
transportation, extra nourishment and attendant charges. This
Court finds it reasonable to grant an amount of Rs.10,000/-
towards medical expenses and Rs.15,000/- for future medical
expenses. The petitioner might not have attended any other
work at least for a period of three months, therefore,
Rs.33,000/- (11,000 x 3) is granted under the loss of income
during the laid up period. Thus, the total compensation comes
to Rs.2,99,600/-.
7. In all, the claimant is entitled for the compensation of
Rs.2,99,600/- with interest at 6% per annum as against
Rs.50,000/- awarded by the Tribunal.
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MFA No. 1061 of 2025
HC-KAR
8. The award of compensation passed by the Tribunal is
modified as under:
| Heads | Amount in Rs. |
|---|---|
| 1. Loss of future income | 1,71,600/- |
| 2. Medical expenses | 10,000/- |
| 3. Pain and Suffering | 30,000/- |
| 4. Loss of amenities | 15,000/- |
| 5. Transportation, extra<br>nourishment and attendant charges | 30,000/- |
| 6. Loss of earning during the laid up<br>period | 33,000/- |
| 7. Future Medical expenses | 15,000/- |
| Total | 2,99,600/- or<br>3,04,600/- |
9. In the result, the following order is passed:
(i) Appeal is allowed in part.
(ii) The petitioner-claimant is entitled for the total
compensation of Rs.2,99,600/- with interest at 6% per annum
from the date of petition till the date of realization.
(iii) The respondent insurance company has already
deposited the awarded amount before the Tribunal, and
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MFA No. 1061 of 2025
HC-KAR
therefore, they are directed to deposit the enhanced amount of
Rs.2,49,600/- with interest at 6% per annum within one month
from the date of this order.
(iv) On such deposit, the claimant is permitted to
withdraw the entire amount along with the interest accrued on
it.
Sd/-
(P SREE SUDHA)
JUDGE
CS
CT:NR
List No.: 1 Sl No.: 94