Janab Shafeeque K.a., Vs Janab Mohammed Rizwan

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NC: 2026:KHC:29859 MFA No. 3318 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3318 OF 2024

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(MV-I)

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BETWEEN:

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JANAB SHAFEEQUE K.A., S/O K H ALI AGED ABOUT 42 YEARS R/O BETOLI VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT – 571 213.

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…APPELLANT

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(BY SRI JYOTHI S K, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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JANAB MOHAMMED RIZWAN S/O SIDDIQUE AGED ABOUT 26 YEARS MECHANIC, R/O MOGARAGALLI VIRAJPET, KODAGU DISTRICT – 571 213.

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JANAB M B SIDDIQUE AGE: MAJOR S/O BAPU SAB R/O NEHARUN I AGARA VIRAJPET , KODAGU DISTRICT – 571 213 OWNER VEHICLE No. KA-13-K-9840

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THE MANAGER UNITED INDIA INSURANCE COMPANY ABOVE UNION BANK OF INDIA GANAPATHY STREET, CHOWKI

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HC-KAR

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MADIKERI - 571 213.

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POLICY No:- 07060331100106346643 OWNER VEHICLE No. KA-13-K-9840.

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JANAB NAZEER K M AGE: MAJOR S/O K M AHAMMED PRESENTLY RESIDING AT PANJARPET, VIRAJPET 571 201.

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PERMANENTLY MYTHADI VILLAGE, CHAMIYALA, VIRAJPET TALUK KODAGU DISTRICT – 571 201.

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JANAB CHIMMICHIGUNDI MOOSA AGE: MAJOR S/O MAYINE R/O 184 HALLIGATTU VIRAJPET TALUK – 571 201 KODAGU DISTRICT

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OWNER KA-12-J-7688.

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THE MANAGER ORIENTAL INSURANCE COMPANY 1^ST FLOOR, BADSHA BUILDING OPP. CLOCK TOWER, VIRAJPET – 571 201. KODAGU DISTRICT.

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OWNER VEHICLE No. KA-12-J-7688 POLICY No. 422804/31/2019-8115 VALID:17/01/2019 TO 16-01-2020

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…RESPONDENTS

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(BY SMT. GEETHA RAJ, ADVOCATE FOR R3 SRI SRISHAILA S, ADVOCATE FOR R6 (VK NOT FILED) V/O DTD. 24.01.2025, NOTICE TO R1, R2, R4 & R5 DISPENSED WITH)

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3 - NC: 2026:KHC:29859 MFA No. 3318 of 2024

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HC-KAR

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.03.2023 PASSED IN MVC No.94/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, SITTING AT VIRAJPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 13.03.2023 passed in MVC No.94/2021 by the II Addl.District and Sessions Judge, Kodagu-Madikeri, Sitting at Virajpet.

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The appellant / claimant has made the claim petition seeking award of compensation for the injuries sustained in a road traffic accident which took place on 02.11.2019 contending that the accident occurred due to rash and negligent driving of the rider of the motor cycle bearing Reg.No.KA-13-K-9840. The Tribunal recorded the evidence and appreciating the evidence assessed the

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4 - NC: 2026:KHC:29859 MFA No. 3318 of 2024

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HC-KAR

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compensation and awarded the compensation under

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different heads as under:

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Sl.No.	Heads	Amount
1.	For pain and sufferings, mental agony	70,000.00
2.	Loss of earning during the treatment period	28,000.00
3.	For medical expenses	1,92,592.00
4.	For special diet and conveyance	20,000.00
5.	Loss of future income due to permanent disability	3,78,000.00
6.	Future medical expenses	25,000.00
	Total	7,13,592.00

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The Tribunal has awarded interest @ 6% p.a. from

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the date of petition till realization and directed respondent No.3 – insurer to pay compensation with interest and recover the same from respondent No.2 – owner. The claimant has sought enhancement of compensation awarded by the Tribunal in this appeal.

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Heard the learned counsel for the appellant and

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learned counsel for respondent No.3.

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HC-KAR

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Learned counsel for the appellant would contend that appellant/claimant had sustained fracture of right femur, fracture right lateral condyle and patella and right distal radius fracture and underwent operation wherein screw fixation was done. Due to the injury sustained the claimant has taken rest for a period of three months. Considering the said aspects, the compensation for pain and suffering, loss of earning during laid up period and special diet and conveyance are on lower side. With this he prayed to allow the appeal.

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Learned counsel for respondent No.3 / insurer would contend that the Tribunal has awarded just and fair compensation under all heads and there are no grounds for enhancement.

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Having heard the learned counsel, the Court has perused the impugned judgment and award.

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As per Ex.P4, wound certificate and Ex.P10, discharge summary, the claimant has sustained fracture of

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HC-KAR

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right femur, fracture of right lateral condyle and patella and right distal radius fracture. The claimant underwent operation and screws were fixed. The claimant took rest for three months. Considering the said aspect, the compensation awarded by the Tribunal for pain and suffering, loss of earning during laid up period and special diet and conveyance are on lower side. Considering the said aspect, the claimant is entitled to enhancement of compensation of Rs.70,000/- globally without any interest. In view of the above, the following:

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ORDER

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i) The appeal is allowed in part.

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ii) The appellant -claimant is entitled to global compensation of Rs.70,000/- globally without interest.

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iii) Respondent No.3/insurer shall deposit the global compensation within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment/deposit of enhanced compensation amount.

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