Mr. Rasool Khan Vs Smt Samshad — Motor Accident Claims | Karnataka HC (2025)

Mr. Rasool Khan Vs Smt Samshad — Motor Accident Claims | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed-in-part; the Tribunal's judgment and award modified; compensation enhanced by a global sum of Rs.50,000/- additionally with interest at 6% per annum; both insurers directed to deposit 50% each of the enhanced compensation with interest before the concerned Tribunal within six weeks; upon deposit, the entire amount to be released in favour of the appellant - claimant on proper identification.

Issue for consideration

Whether the claimant has made out a case for enhancement of compensation.

Court's answer

The sole point for consideration - whether the claimant has made out a case for enhancement of compensation - is answered 'partly in the affirmative'.

Ratio / Principle

The compensation awarded by the Tribunal under several heads seems just and proper, but under the heads of laid-up period and loss of amenities it is a little on the lower side; therefore, instead of deliberating on each head, a global compensation of Rs.50,000/- with interest at 6% per annum was awarded as meeting the ends of justice.

Detailed headnote1 paragraphs

Enhancement appeal under S.173(1) MV Act (quantum-only dispute): claimant Rasool Khan, a 19-year-old vehicle cleaner, suffered maxillary wounds and fractures of the mandible (subcondylar and parasymphysis) fixed by open reduction with mini plates; inpatient 12.09.2018 to 18.09.2018. Against the Tribunal's MVC.No.417/2019 award of Rs.3,17,142/- (Prl. Senior Civil Judge and Addl. MACT-III, Chitradurga, dated 27.06.2023), T.M. Nadaf J. found the award just and proper under several heads but low for laid-up period and loss of amenities, answered the enhancement point 'partly in the affirmative', and allowed the appeal in part with a global enhancement of Rs.50,000/- plus 6% interest, both insurers (Royal Sundaram General Insurance Co. Ltd. and Reliance General Insurance Co. Ltd.) to deposit 50% each within six weeks and the entire amount to be released to the claimant on proper identification. Decided 17.10.2025; no precedents cited.

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NC: 2025:KHC:41655 MFA No. 8562 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF

MISCELLANEOUS FIRST APPEAL NO.8562 OF 2023

(MV-I)

BETWEEN:

MR. RASOOL KHAN S/O JAHEER KHAN AGED ABOUT 19 YEARS VEHICLE CLEANER WORK R/O CHELUGUDDA CHITRADURGA - 57201

…APPELLANT

(BY SRI. GURUDHATTA K., ADVOCATE)

AND:

Digitally Signed by REKHA R Location : High Court of Karnataka

SMT. SAMSHAD D/O DASTHAGIR NO.140, 2^ND FLOOR NER HYDERBAD AILOR SHOP CHELUGUDDA

CHITRADURGA – 572 201 OWNER OF THE ASHOK LEYLAND DOSTHI MINI GOODS BEARING REG NO.KA-16 D-0613

THE BRANCH MANAGER ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., SHIVAMOGGA - 577 201

SRI. C. RAMESH S/O LATE CHITTAPPA AGED 48 YEARS

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NO.3180, 6^TH DIVISION 2^ND CROSS, GOPALAPURA ROAD CHITRADRUGA - 572 201 OWNER OF THE ASHOK LEYLAND LORRY BEARING REG NO.KA-16 C-4774

THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 1^ST AND 2^ND FLOOR MAGANURU BASAPPA COMPLEX B D ROAD CHITRADURGA – 572 201

…RESPONDENTS

(BY SRI. RAVI S. SAMPRATHI., ADVOCATE FOR R2; SRI. D. VIJAYA KUMAR, ADVOCATE FOR R4; VIDE ORDER DATED 19.02.2025, NOTICE TO R1 & R3 DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING a) TO AWARD HIGHER COMPENSATION AT RS.15,70,00,000/- LESS THE COMPENSATION AWARDED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA IN M.V.C.NO.417/2019 DATED 27.06.2023 AND ALSO TO AWARD 12% PER ANNUM; b) TO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT BE PLEASED DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND ALLOW THE ABOVE APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

This appeal is arising out of judgment and award dated 27.06.2023 in MVC.No.417/2019 passed by the Prl. Senior Civil Judge and Addl. MACT-III at Chitradurga, filed by the appellant - claimant seeking enhancement of compensation.

The date of the accident, involvement of the vehicle, injuries suffered and liability to pay compensation are not in dispute. The only dispute is with respect to quantum of compensation.

Heard Sri.Gurudhatta K., learned counsel appearing for the appellant and Sri.Ravi S. Samprathi, learned counsel appearing for respondent No.2 and Sri.D.Vijaya Kumar, learned counsel appearing for respondent No.4. Vide order dated 19.02.2025 notice to respondent Nos.1 and 3 dispensed with.

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Sri.Gurudhatta, learned counsel, vehemently

submitted that as per the Exhibit P4 wound certificate, the appellant suffered the following injuries:

(i) A lacerated wound measuring 0.5X5 cm, on the right maxillary area,

(ii) A deep punctured wound measuring 0.5x1 cm over the left maxillary area, and

(iii) Tenderness, swelling in the right temporal region, tenderness, swelling over right clavicle.

He states that the appellant was an inpatient from 12.09.2018 to 18.09.2018. As per the testimony of PW-2, there was a subcondylar fracture and a fracture of the parasymphasis of the mandible, for which an open reduction was done with mini plates and tools.

The Tribunal has failed to consider these severe

injuries. He has further submitted that the Tribunal did not appropriately considered the case for awarding adequate compensation under each head, which has resulted in

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awarding meagre compensation of Rs.3,17,142/-.

Accordingly, sought enhancement of compensation.

Refuting the submissions of the learned counsel appearing for the appellant, Sri.Ravi S. Samprathi, as well as Sri.D.Vijay Kumar, submitted that the Tribunal, having considered the injuries suffered and the materials placed on record and awarded the appropriate compensation of Rs.3,17,142/- under all heads, which does not call for any interference at the hands of this Court.

They further submitted that if in additional compensation to be awarded, it must be marginal, to the extent of Rs.35,000/- to Rs.40,000/- and not more than that. They also submitted that the compensation awarded must be just compensation and should not result in a bonanza and accordingly sought dismissal of the appeal.

Having considered the rival submissions of the learned counsel appearing for the parties, perused the entire appeal papers as well as the trial Court record.

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The only point that arises for the consideration

of this Court is:

“Whether the claimant has made out a case

for enhancement of compensation.”

My answer to the above point for consideration

is ‘partly in the affirmative’ for the following reasons:

The occurrence of the accident and the injuries are not in dispute. The injuries resulting in a fracture of mandible and other factures, i.e. subcondylar fracture, are not in dispute. The fact that the appellant underwent surgery for the fixation of implants is also not in dispute.

However, looking to the compensation awarded by the Tribunal under several heads seems to be just and proper but so far as the laid up period and loss of amenities are concerned, the compensation warded by the Tribunal is a little on lower side. Instead of deliberating on each head, if a global compensation of Rs.50,000/- is

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awarded with interest at the rate of 6% per annum, the

same will meet the ends of justice.

ORDER

i. Accordingly, the appeal is allowed-in-part .

ii. The judgment and award passed by the Tribunal is hereby modified and the compensation is enhanced by a global sum of Rs.50,000/- additionally with interest at the rate of 6% per annum.

iii. Both the insurer shall deposit 50% each of the enhanced compensation along with interest at the rate of 6% per annum before the concerned Tribunal within six weeks from the date of receipt of a certified copy of this order.

iv. Upon deposit, the entire amount shall be released in favour of appellant - claimant on proper identification.

Sd/(T.M.NADAF) JUDGE

TIN

List No.: 1 Sl No.: 21