Karnataka High Court
Azharuddin vs Abdul Sukur Kasab on 7 November, 2025
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NC: 2025:KHC-K:6650
MFA No. 202121 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 202121 OF 2025 (MV-I)
BETWEEN:
AZHARUDDIN
S/O. RUKNUDDIN,
AGE 37 YEARS, OCC. BUSINESS (CHICKEN SHOP)
R/O H.NO.5-664, HAGARAGA ROAD,
RAMJI NAGAR, ROZA(B), KALABURAGI.
...APPELLANT
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. ABDUL SUKUR KASAB
S/O. ABDUL JABBAR KASAB,
Digitally signed AGE 53 YEARS, OCC. BUSINESS & RC HOLDER
by SUMITRA OF VEHICLE TOYOTA ETIOS GD M BS4
SHERIGAR CAR BEARING NO.KA-36/N-4286,
Location: R/O H.NO.5-993/202/A4, RING ROAD,
HIGH COURT NOORANI MOHALLA, HAGARGA ROAD,
OF KALABURAGI - 585103.
KARNATAKA
2. SRIRAM GENERAL INSURANCE CO. LTD.,
THROUGH ITS MANAGER E-8,
EPIP SITAPUR, INDUSTRIAL AREA,
JAIPUR, RAJASTHAN - 302022.
...RESPONDENTS
(BY SMT. SANGEETA BHADRASHETTY, ADV. FOR R2;
V/O. DTD 29.10.2025, NOTICE TO R1 DISPENSED WTIH)
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NC: 2025:KHC-K:6650
MFA No. 202121 of 2025
HC-KAR
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
MODIFY THE JUDGMENT AND AWARD PASSED BY THE III ADDL
SENIOR CIVIL JUDGE AND MACT, KALABURAGI IN MVC NO.
59/2022, DATED 01.08.2024, BY ENHANCING THE
COMPENSATION AS PRAYED FOR, IN THE INTEREST OF
JUSTICE.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. This appeal is filed by the claimant against the Judgment and award dated 01.08.2024 in MVC No.59/2022 by the III Additional Senior Civil Judge and MACT, Kalaburagi (for short 'the tribunal') seeking enhancement of the compensation.
2. The injured claimant aged 34 years met with accident on 19.07.2021 and suffered grievous injuries. He taken treatment in the Hospital. He filed claim petition seeking compensation of Rs.21,70,000/- before the tribunal. The tribunal after considering the entire evidence on record, awarded a sum of Rs.5,65,150/- along with interest at the rate of 6% per annum from the date of petition till the date -3- NC: 2025:KHC-K:6650 MFA No. 202121 of 2025 HC-KAR of realization. Being aggrieved by the said Judgment and award, the claimant preferred the present appeal seeking enhancement of the compensation amount awarded by the tribunal.
3. In the present appeal it is contended that, though it is mentioned in the claim petition that the claimant was earning a sum of Rs.15,000/-, the tribunal has taken the income of the claimant at Rs.14,750/-. The claimant examined the Doctor as P.W.2. The P.W.2 - Doctor considering the grievous injuries has assessed the disability at 45% to the whole body. But the tribunal has taken the disability of 15%. It is submitted that, the amounts granted under other heads are on lower side and thus, requested for enhancement of the compensation.
4. The claimant aged 34 years as on the date of the accident. He was running a Chicken shop and earning a sum of Rs.15,000/- per month. As per the guidelines of the Karnataka State Legal Services Authority, the income of the claimant for the year 2021 is to be taken at Rs.14,750/-. -4-
NC: 2025:KHC-K:6650 MFA No. 202121 of 2025 HC-KAR Hence, the tribunal has rightly taken the income of the claimant at Rs.14,750/- per month. Hence, it needs no interference by this Court. The claimant examined the Doctor i.e. P.W.2. The Doctor issued disability certificate which is marked as Ex.P.12. As per the disability certificate it is observed that, the claimant sustained fracture of shaft of right femur upper 4th was treated by CRIF with long, fracture of 3rd of shaft of right femur with mild varus deformity at fracture site with implant in situ. The tribunal has taken 1/3rd of 45% which comes to 15% for the purpose of calculation of the loss of future income. The disability considered by the tribunal is correct and needs no interference. The claimant was hospitalized for 11 days.
5. The tribunal has awarded a sum of Rs.95,000/- towards medical expenses which needs no interference. The Doctor has opined that, a sum of Rs.50,000/- is required for removal of implant. Hence, this Court finds it reasonable to award a sum of Rs.50,000/- towards future medical expenses for removal of implant. Since the amount awarded by the tribunal under other heads are lower, this Court finds -5- NC: 2025:KHC-K:6650 MFA No. 202121 of 2025 HC-KAR it reasonable to award a sum of Rs.75,000/- towards pain and sufferings, Rs.25,000/- towards loss of amenities, Rs.30,000/- towards transportation, extra nourishment and attendant charges. The claimant might have not attended any work for at least three months. Hence, a sum of Rs.42,250/- (Rs.14,250/- X 3 months = Rs.42,750/-) is awarded towards loss of income during laid up period. The total compensation is as under:
Sl.No. Heads of compensation Amount 1 Loss of future income Rs.4,10,400/- 2 Pain and suffering Rs.75,000/- 3 Loss of amenities Rs.25,000/- 4 Transportation, extra Rs.30,000/-
nourishment and attendant charges 5 Future medical expenses Rs.50,000/- 6 Medical expenses Rs.95,000/-
7 Loss of income during laid up Rs.42,750/-
period
Total Rs.7,28,150/-
6. Learned counsel for the Insurance company
submits that, the amount awarded by the tribunal has been deposited before the tribunal.
7. Accordingly, the following:
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NC: 2025:KHC-K:6650 MFA No. 202121 of 2025 HC-KAR ORDER
(i) The appeal is allowed in part;
(ii) The claimant is entitle to total compensation of Rs.7,28,150/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, as against Rs.5,65,150/- awarded by the tribunal;
(iii) The Insurance company is directed to deposit the enhanced compensation of Rs.1,63,000/- along with interest within one month from the date of this order;
(iv) On such deposit, the claimant is permitted to withdraw the entire compensation amount along with interest accrued on it.
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(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 49