BABU @ IRSHAD PASHA vs ABOOBACKER

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH

MISCELLANEOUS FIRST APPEAL NO. 8002 OF 2022 (MV-I)


BETWEEN:

BABU @ IRSHAD PASHA,



S/O. LATE MEER MAHAMMED,

AGED ABOUT 45 YEARS,

R/AT OLD MASEEDI ROAD,

MADDUR TOWN, MANDYA DISTRICT-571 428.

…APPELLANT

(BY SRI K.L. SREENIVAS, ADVOCATE)



AND:

1. ABOOBACKER,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka


S/O. MOIDEEN KUTTY,
AGE NOT KNOWN BUT MAJOR,
PUTHAN PEEDIYAKKAL HOUSE,
KALPAKANCHERY POST, MALAPURAM,
KERALA STATE-676 551.

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022



2.
THE BRANCH MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
M.C. ROAD, MANDYA CITY-571 401.
…RESPONDENTS

(BY SRI B.A RAMAKRISHNA, ADVOCATE FOR R-2 (ABSENT);
V/O DATED 02.11.2026 NOTICE TO R-1 DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.09.2022 PASSED IN MVC
NO. 873/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MOTOR ACCIDENT CLAIMS TRIBUNAL, MADDUR, 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 S RACHAIAH

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022


ORAL JUDGMENT
The appellant is before this Court seeking enhancement
of compensation being aggrieved by the judgment and award
dated 27.09.2022 passed in MVC.No.873/2017 on the file of the
Motor Accidents Claims Tribunal and Senior Civil Judge,
Maddur.
Brief facts of the case:
2. The appellant was working as a loader. One
Mr.Raghu S/o Rajanna Madapuradadoddi had called the
petitioner for the work of loading the tender coconuts at
Gopalapura Village, Mandya Taluk. On 01.01.2017, at about
06.00 am, when the petitioner was traveling in a goods auto
belonging to Raghu, who was driving the said goods auto. At
about 06.00 pm, when they reached near Mallaiahnadoddi, in
front of sugarcane land of Chikkasiddaiah, the driver of the Alto
Car dashed on the hind side of the auto. As a result, the goods
auto fell into the sugarcane field and toppled. As a result of
which, the appellant had sustained injury. After obtaining
treatment from various hospitals, a claim petition was filed. The

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022


Tribunal awarded Rs.2,43,800/-. Being aggrieved by the same,
the appellant is before this Court.
3. The submission of the learned counsel for the
appellant is that the appellant has committed grave error in not
awarding adequate compensation, which was required to be
enhanced as per settled principle of law in respect of
conventional heads. Therefore, it has to be enhanced
adequately in order to render the justice to the injured. Making
such submissions, learned counsel for the appellant prays to
allow the appeal.
4. Learned counsel for respondent No.2 - Insurance
Company remained absent.
5. Having heard the learned counsel for the appellant
and on perusal of the findings of the Tribunal, the Tribunal
while considering the loss of future income, has taken income
of Rs.11,000/- per month. However, while assessing the
disability, it has taken 8% to the whole body, which is
inconsistent to the settled principle of law. Therefore, on
considering the injury and avocation of the appellant, it has to

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022


be enhanced to 10%. In fact, he had suffered rib injury. The
Doctor has assessed disability at 24.6% to the left upper limb.
The appellant being a coolie worker, obviously cannot perform
the work as earlier. Having regard to the said aspect, it is
appropriate to enhance the compensation. In addition to the
same, compensation under the heads of loss of amenities and
pain and suffering are also required to be enhanced. Hence, the
compensation has been re-determined as follows:

Award amount
Particulars (in Rupees)
Sl.
No.
Tribunal This Court
01
Loss of future income
1,58,400/- 1,98,000/-
(Rs.11,000/- X 12 X 15 X 10%)
02
Pain and suffering 30,000/- 50,000/-
03
Loss of amenities and
5,000/- 50,000/-
enjoyment of life
04
Expenses towards
treatment, hospitalization,
medicines, transportation,
attendant charges
17,361/- 17,361/-
05
Loss of earning during laid
33,000/- 33,000/-
up period

TOTAL 2,43,761/- 3,48,361/-

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022


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

i) This appeal is allowed in part.

ii) The judgment and award judgment and
award dated 27.09.2022 passed in
MVC.No.873/2017 on the file of the Motor Accidents
Claims Tribunal and Senior Civil Judge, Maddur, is
modified, granting compensation of Rs.3,48,361/- as
against Rs.2,43,761/- awarded by the Tribunal along
with interest at the rate of 6% per annum from the
date of petition till realization.

iii) The entire compensation amount shall be
deposited by the Insurance Company within a period
of six weeks from the date of receipt of the certified
copy of this judgment.

iv) The Tribunal is directed to release the
entire amount in favour of the claimant.

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HC-KAR
NC: 2026:KHC:60749
MFA No. 8002 of 2022


CNR: KAHC010547272022



v) The Registry is directed to communicate
the order to the Tribunal and send the records to the
Trial Court forthwith.

Sd/-
(S RACHAIAH)
JUDGE


NR/-
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