Karnataka High Court
Syed Siddiq Miyan vs Khaja Patel And Anr on 29 October, 2025
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NC: 2025:KHC-K:6375
MFA No. 200009 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200009 OF 2022 (MV-I)
BETWEEN:
SYED SIDDIQ MIYAN
S/O. SYED ABDUL FATHA @ FATHA MIYAN,
AGE 47 YEARS, OCC. DRIVER OF LORRY,
MPW MO, R/O. SYED GALLI,
TQ. HUMNABAD, NOW RESIDING AT
OPP. HANUMAN TEMPLE, PANCHASHIL NAGAR,
OLD JEWARGI ROAD, DIST. KALABURAGI-585101.
...APPELLANT
(BY SRI. BABU H METAGUDDA, ADVOCATE)
AND:
1. KHAJA PATEL
Digitally signed S/O. NEMATULLAH PATEL,
by SUMITRA AGE 47 YEARS, OCC. BUSINESS OWNER OF LORRY,
SHERIGAR R/O BAMGALGI, TQ AND DIST. BIDAR-585401.
Location:
HIGH COURT 2. THE MANAGER
OF NATIONAL INSURANCE CO. LTD,
KARNATAKA
THROUGH ITS DIVISIONAL MANAGER,
1ST FLOOR, BILGUNDI COMPLEX,
STATION MAIN ROAD, KALABURAGI-585101.
...RESPONDENTS
(BY SRI. MANVENDRA REDDY, ADV. FOR R2;
V/O. DATED 08.06.2022, NOTICE TO R1 D/W)
THIS MFA FILED U/S 173(1) OF MV ACT, PRAYING TO A)
CALL FOR THE RECORDS IN MVC NO. 158/18 ON THE FILE OF THE
PRL SENIOR CIVIL JUDGE AND MACT AT KALABURAGI. B) ALLOW
THIS APPEAL AND MODIFY THE JUDGMENT AND AWARD DATED
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NC: 2025:KHC-K:6375
MFA No. 200009 of 2022
HC-KAR
8.7.2019 PASSED IN MVC NO. 158/2018 BY THE PRL SENIOR
CIVIL JUDGE AND MACT AT KALABURAGI AND ENHANCING THE
COMPENSATION FROM RS.2,62,000/- WITH 6% INTEREST TO
RS. 14,99,000/- WITH 12% INTEREST.
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 preferred against the Judgment and award dated 08.07.2019 passed in MVC No.158/2018 by the Principal Senior Civil Judge and MACT, Kalaburagi, (for short 'the tribunal'), seeking enhancement of the compensation awarded by the tribunal.
2. The appellant/claimant met with accident and suffered injuries. He admitted in the hospital and took treatment. He filed claim petition before the tribunal, seeking compensation of Rs.26,00,000/- along with interest at the rate of 6% per annum from the date of petition, till realization. Aggrieved by the said Judgment and award, the claimant preferred the present appeal, in which it is contended that, the amount awarded by the tribunal is -3- NC: 2025:KHC-K:6375 MFA No. 200009 of 2022 HC-KAR inadequate and lesser amounts are granted. Though the Doctor P.W.2 has assessed the disability at 20.25%, as permanent physical disability to whole body, the tribunal considering 1/3rd of 20%, assessed the disability at 7%. The tribunal has granted meager amounts towards pain and suffering and loss of income. It is contended that, the claimant was earning a sum of Rs.10,000/- per month, but the tribunal has taken his income at Rs.8,000/- per month. Therefore, he requests to enhance the compensation amount awarded by the tribunal.
3. The claimant was aged about 45 years and he was a lorry driver. He also filed driving licence extract at Ex.P.14. Though he stated that, he was earning a sum of Rs.10,000/- no income proof has been produced before the tribunal. He met with accident on 11.05.2017. As per the guidelines of Karnataka State Legal Services Authority, for the year 2017 his income has to be taken at Rs.10,250/- per month. The claimant examined the Doctor P.W.2. As per the discharge summary, the claimant sustained fracture of right tibia and fracture of left late tibial condyle. In the wound -4- NC: 2025:KHC-K:6375 MFA No. 200009 of 2022 HC-KAR certificate, it is mentioned that, injuries at Sl.No.2 and 3 are grievous in nature. Ex.P.8 is the discharge summary. He was hospitalized for 15 days. P.W.2 issued disability certificate and stated that, there is ½ inch shortening of right leg, swelling and pain in the right ankle and leg and grade IV weakness in muscles of right ankle and right knee and assessed the disability to the whole body at 20.25%.
4. Learned counsel for the appellant contended that, the appellant was a lorry driver, due to the injuries sustained in the accident, he cannot drive the vehicle properly and thus, the functional disability is to be taken at 100%.
5. Per contra, learned counsel for the Insurance company relied upon a decision of the Hon'ble Supreme Court in Civil Appeal No(s). 1337-1338/2019 [Uttar Pradesh Road Transport Corporation Vs. Vibhor Fialok and another], wherein it is held that, 'If the disablement percentage is expressed with reference to any specific limb, then effect of such disablement of the limb on the functioning of the entire body i.e. the permanent disability -5- NC: 2025:KHC-K:6375 MFA No. 200009 of 2022 HC-KAR suffered by the person will have to be assessed/reconsidered for the purposes of computation of compensation towards loss of future income. In the instant case, the tribunal has not ascertained the impact on the earning capacity of the claimant in future, by virtue of the disability sustained. Thus, this Court will have to undertake the exercise of assessing the whole body disability and as per almanco manual, the whole body disability when compared to the particular limb disability would be 1/4th in respect of that of the lower limb. In the instant case, the lower limb disability assessed by Dr. Lalit P.W.3 is 48% and 1/4th of the same would be 12% and accordingly, the compensation being determined by considering the income of the claimant at Rs.18,972/-.
6. The tribunal has taken disability at 1/3rd of 20% which is 7%. The same is proper and correct. This Court finds no reason to interfere in the same. Loss of future earning would be as under:
Rs.10,250/- X 12 X 14 X 7% = Rs.1,20,540/--6-
NC: 2025:KHC-K:6375 MFA No. 200009 of 2022 HC-KAR
7. The tribunal has awarded a sum of Rs.72,964/- towards medical expenses. The same is correct. This Court finds no reason to interfere in the same. Considering the nature of injuries, period of hospitalization and occupation of the claimant, this Court finds it reasonable to award a sum of Rs.75,000/- towards pain and suffering, a sum of Rs.30,000/- towards loss of amenities and a sum of Rs.30,000/- towards transportation, extra nourishment and attendant charges. The claimant might have not attended any work for a period of four months due to the injuries. Therefore, he is entitle for a sum of Rs.41,000/- (Rs.10,250/- X 4) for loss of income during laid up period. The total compensation would be as follows:
Sl.No. Heads of compensation Amount 1 Pain and suffering Rs.75,000/- 2 Loss of future income Rs.1,20,540/- 3 Loss of amenities Rs.30,000/- 4 Transportation, extra Rs.30,000/-
nourishment and
attendant charges
5 Medical expenses Rs.72,964/-
6 Loss of income during laid Rs.41,000/-
up period
Total Rs.3,69,504/-
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NC: 2025:KHC-K:6375
MFA No. 200009 of 2022
HC-KAR
8. Learned counsel for the Insurance company
submits that, the amount awarded by the tribunal has been deposited.
9. Accordingly, the following order:
ORDER
(i) The appeal is allowed in part;
(ii) The compensation amount awarded by the tribunal in a sum of Rs.2,62,000/- is enhanced to Rs.3,69,504/- along with interest at the rate of 6% per annum from the date of petition till the date of realization;
(iii) The Insurance company is directed to deposit the enhanced compensation of Rs.1,07,504/- along with interest within a period of one month from the date of this order;
(iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued thereon.
sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 51