Mainuddin Vs Sachin Gadade

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NC: 2026:KHC:33779 MFA No. 5375 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5375 OF 2023 (MV-I)

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BETWEEN:

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MAINUDDIN S/O MOHAMMED ASLAM SAB, AGED ABOUT 24 YEARS, R/O CHIKKAJAMBURU VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT.

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NOW R/O C/O SARDAR AHMED S/O SHAFI AHMED KHAN, AGED ABOUT 37 YEARS, 2^ND CROSS, BEHIND KSTRC BUS STAND, MANJUNATHA BADAVANE, SHIVAMOGGA - 562 112.

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…APPELLANT

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

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(BY SRI. GURUDEV PRASAD K T., ADVOCATE)

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AND:

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SACHIN GADADE

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S/O RAMACHANDRA, AGED ABOUT 34 YEARS, R/O A/P SHIVE CHAMALA, KARANAJE POST, KHANAPUR TALUK, SANGALI DISTRICT, PIN - 416 312. MAHARASTRA STATE.

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BHIMRAO PATIL S/O RAMACHANDRA, AGED ABOUT 49 YEARS,

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2 - NC: 2026:KHC:33779 MFA No. 5375 of 2023

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HC-KAR

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R/O A/P SHIVE CHAMALA, KARANAJE POST, KHANAPUR TALUK, SANGALI DISTRICT, PIN - 416 312. MAHARASTRA STATE.

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DIVISIONAL MANAGER M/S RELIANCE GENERAL INSURANCE CO. LTD., A-BLOCK, HERITAGE HOUSE, GROUND FLOOR, 6 RAMABHAI, AMBEDKAR ROAD, PUNE - 411 001. MAHARASTRA STATE.

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…RESPONDENTS

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(BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R3; V/O. DATED 09.08.2023 NOTICE TO R1 & R2 DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2023 PASSED IN MVC NO.749/2019 ON THE FILE OF THE SENIOR

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CIVIL JUDGE AND JMFC, ADDITIONAL MACT-15, SHIKARIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION

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AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,

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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 the Judgment

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NC: 2026:KHC:33779 MFA No. 5375 of 2023

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HC-KAR

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and Award dated 15.03.2023 passed in MVC No.749/2019

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by Senior Civil Judge and MACT-15, Shikaripura.

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Even though the matter is listed today for admission, with the consent of both the learned counsels appearing for the parties, the matter is taken up for disposal.

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The appellant/claimant made a claim petition seeking for award of compensation for injury sustained by him in a road traffic accident which took place on 03.08.2019 contending that the accident occurred due to rash and negligent driving by the driver of Mahindra Maxx STR-10 bearing registration No.MH-09/BB-9367.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

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4 - NC: 2026:KHC:33779 MFA No. 5375 of 2023

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HC-KAR

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Sl.	Particulars		Amount
No.
1.	Towards Pain and agony	Rs.	50,000/-
2.	Towards Medical Expenses	Rs.	27,712/-
3.	Towards conveyance, Travelling, Attendant Expenses and Food and Nourishment	Rs.	10,000/-
4.	Towards one month income	Rs.	14,000/-
		Rs.	10,000/-
	Total	Rs.	1,11,712/-

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The Tribunal has also awarded interest at the

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rate of 6% per annum from the date of petition till realisation and directed the respondent No.3/Insurer to pay the compensation amount with interest. T he claimant seeking enhancement of compensation has filed the present appeal.

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Heard the learned counsel for claimant and learned counsel for respondent No.3/insurer.

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Learned counsel for the appellant/claimant

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would contend that, Ex.P22 is the Disability Certificate wherein the Doctor has stated that the claimant is having 6% disability and the Tribunal has not considered the said

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HC-KAR

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aspect and not awarded loss of future income. As the accident has taken place in the year 2019, the notional income is to be taken at Rs.14,000/- per month. The Tribunal has awarded loss of income during laid-up period only for one month. Considering the injury sustained, the claimant is entitled to loss of income during laid up period for three months. With these, he prayed to allow the appeal.

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Learned counsel for respondent No.3/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal.

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Having heard the learned counsels appearing

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for the parties, the Court has perused the Judgment and Award.

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The claimant has sustained fracture of his right femur shaft and undergone operation and has been

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HC-KAR

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admitted in hospital for fifteen (15) days. Ex.P22 is the Disability Certificate and the Doctor who examined the claimant has stated that the disability at 6%. The claimant was working as a Mason and considering the said aspect, the functional disability is to be taken at 6%. The Tribunal

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has rightly applied multiplier '18' since the claimant is aged twenty (20) years. Considering the above aspect, the claimant is entitled to loss of future income as under:

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14,000 X 12 X 18 X 6% = 1,81,440/-

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The Tribunal has awarded loss of income during laid up period for one (01) month i.e., Rs.14,000/-. Considering the injury sustained and undergone operation, the claimant is entitled to loss of income during laid up period atleast for three (03) months in a sum of Rs.42,000/- (14,000 X 3) as against Rs.14,000/- awarded by the Tribunal.

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HC-KAR

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The Tribunal has rightly awarded towards pain and sufferings, medical expenses and conveyance, attendant expenses etc.

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Considering all the above aspects, the claimant

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is entitled to total compensation under various heads as

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under:

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Sl. No.	Compensation Heads		Amount
1.	Loss of future income	Rs.	1,81,440/-
2.	Loss of income during laid up period	Rs.	42,000/-
3.	Pain and sufferings	Rs.	50,000/-
4.	Medical expenses	Rs.	27,712/-
5.	Traveling, Attendant, conveyance, food and nourishment	Rs.	10,000/-
		Rs.	3,11,152/-

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The claimant is entitled to total compensation of

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Rs.3,11,152/- as against Rs.1,11,712/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation.

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HC-KAR

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Consequently, the claimant is entitled to

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enhanced compensation of Rs.1,99,440/- (3,11,152 - 1,11,712) with interest at the rate of 6% per annum from the date of petition till realisation.

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Respondent No.3/insurer is liable to pay enhanced compensation amount with interest.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The claimant is entitled to enhanced compensation of Rs.1,99,440/with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.3/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment.

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HC-KAR

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iv) The claimant is entitled to release of entire enhanced compensation.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 53

Mainuddin v. Sachin Gadade

Case brief

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Mainuddin v. Sachin Gadade

Case brief

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