M Mohammad Vs Mohammed Nawaz — Motor Accident Claims | Karnataka HC (2026)

M Mohammad Vs Mohammed Nawaz — Motor Accident Claims | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Compensation awarded by the Additional MACT, Udupi in MVC No.606/2019 dated 11.03.2022 enhanced by Rs.99,000/-, carrying interest at 6% p.a. from the date of petition till the date of deposit (except for the 176-day delay period per orders on I.A.No.1/2022); Respondent No.2 directed to deposit the enhanced sum within 8 weeks of receipt of certified copy; appellant permitted to withdraw the entire amount on deposit.

Issue for consideration

Whether the compensation awarded by the Additional MACT, Udupi in MVC No.606/2019 is adequate, and if not, the heads and quantum of enhancement - loss of future earnings due to disability, loss of income during laid-up period, food/conveyance/attendant charges, and loss of amenities in life. +1 more

Court's answer

The appellant could not have attended his normal pursuits for at least 3 months; loss of earnings during the laid-up period worked out to Rs.37,500/- (Rs.12,500 x 3), against which the Tribunal had granted only Rs.6,000/-, leaving an additional sum of Rs.31,500/-.

Ratio / Principle

The Court took the disability in respect of the whole body as 5% for computing compensation, although Pw.2 had assessed 15.33% disability of the left lower limb, since the fracture stood united.

Key takeaways

Notional monthly income of the appellant fixed at Rs.12,500/-, the figure adopted by the Karnataka State Legal Services Authority for the relevant period (accident of 2018), as no substantive proof of occupation and earnings was produced.ratio¶50
Multiplier of 7 applied, the appellant being aged around 61 years by the date of accident, as per the Supreme Court's decision in Sarla Verma v. Delhi Transport Corporation (AIR 2009 SC 3104).ratio¶51
Loss of future earnings computed at Rs.52,500/- (Rs.12,500 x 12 x 7 x 5%).

Detailed headnote1 paragraphs

High Court of Karnataka, MFA (MV-I) - enhancement of motor accident compensation. The appellant-claimant (aged around 61 at the 2018 accident; stated by counsel to be a salesman earning Rs.15,000/- per month, for which there was no substantive proof) sustained a fracture of both bones of the left leg in a road traffic accident; Pw.2 assessed 15.33% disability to the left lower limb though the fracture stood united. Against the Tribunal's award (II Additional Senior Civil Judge & Additional MACT, Udupi, MVC No.606/2019 dated 11.03.2022, partly allowing the claim), the Court took whole-body disability at 5%, notional income at Rs.12,500/- per month (the Karnataka State Legal Services Authority figure for the relevant period) and multiplier 7 as per Sarla Verma v. Delhi Transport Corporation (AIR 2009 SC 3104), computing loss of future earnings at Rs.52,500/-; laid-up loss at Rs.37,500/- for at least 3 months of inability to attend normal pursuits (additional Rs.31,500/- over the Tribunal's Rs.6,000/-); Rs.5,000/- additionally towards food, extra nourishment, conveyance and attendant charges; and Rs.10,000/- towards loss of amenities in life. Appeal allowed in part: compensation enhanced by Rs.99,000/- with interest at 6% p.a. from the date of petition till deposit (excluding a 176-day delay period per orders on I.A.No.1/2022); Respondent No.2, Divisional Manager, ICICI Lombard General Insurance Co. Ltd., to deposit within 8 weeks, and the appellant permitted to withdraw the entire amount.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8574 OF 2022(MV-I)

BETWEEN:

M. MOHAMMAD AGED ABOUT 64 YEARS S/O. M. BAVUDDIN R/AT H.NO.7-40 C NEW COLONY KODANKUR AMBALPADY POST PUTTUR VILLAGE UDUPI TALUK AND DISTRICT-576 101

…APPELLANT

(BY SRI GANESHA R., ADVOCATE)

Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA

AND:

MOHAMMED NAWAZ

AGED ABOUT 40 YEARS

S/O. B. ABBOO HAJI R/AT VISHNUMURTHI NAGAR DUMAVATHI KATTE

UDUPI TALUK AND DISTRICT-576 101

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THE DIVISIONAL MANAGER

ICICI LOMBARD GENERAL INSURANCE CO. LTD.

REP. BY NEAREST D.M.D.O. C22 II FLOOR, MAXIMUS COMMERCIAL COMPLEX

LIGHT HOUSE HILL ROAD

HAMPANAKATTE

MANGALORE-574 142

…RESPONDENTS

(V/O. DATED 3/1/2023, NOTICE TO R-1 IS D/W;

BY SRI MALLIKARJUN REDDY N. A., ADVOCATE FOR;

SRI B. PRADEEP, ADVOCATE FOR R-2)

THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.03.2022 PASSED IN MVC NO.606/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL JUDGMENT

Heard Sri.Ganesha.R, learned counsel for the

appellant as well as Sri.Mallikarjuna Reddy who represents Sri.B.Pradeep, learned counsel on record for respondent No.2.

Being aggrieved by the sum that is awarded as compensation by the Additional Motor Accident Claims Tribunal, Udupi through orders in MVC No.606/2019 dated 11.03.2022, the claimant therein filed the present appeal seeking enhancement in compensation.

Arguing the matter, learned counsel for the appellant submits that appellant sustained grievous injury in a road traffic accident that occurred in the year 2018. The appellant was working as salesman and was earning Rs.15,000/- per month. Learned counsel submits that Pw.2 gave evidence to the effect that the disability in respect of left lower limb is 15.33%. The petitioner lost his earning power due to such disability. However, the

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Tribunal failed to award any compensation for loss of future earnings due to disability. Learned counsel also states that the compensation granted towards loss of income during laid up period, towards conveyance charges, towards attendant charges and towards diet are

on lower side. Learned counsel further submits that the Tribunal failed to award any compensation for loss of amenities in life. Learned counsel thereby seeks for enhancement in compensation.

On the other hand learned counsel for respondent No.2 states that Pw.2 during the course of cross examination admitted that the fracture is united and thus appellant is not entitled for any additional sum.

It is not in dispute that the appellant sustained fracture of both bones of left leg. Also it is not in dispute that Pw.2 evaluated the disability as 15.33% in respect of left lower limb. Though the fracture is united, the disability to that extent was found by Pw.2. Thus this Court

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considers desirable to take the disability in respect of whole body as 5%.

No substantive proof is produced in respect of the occupation and earnings of the appellant as on the date of accident. However, as the accident occurred in the year 2018 and as Karnataka State Legal Services Authority is taking the notional income as Rs.12,500/- for the relevant period, this Court considers desirable to take the notional income of the appellant as Rs.12,500/- per month. As the appellant was aged around 61 years by the date of accident, the appropriate multiplier to be applied is

7 as per the decision of the Hon'ble Apex Court in Smt.Sarla Verma and Others Vs. Delhi Transport Corporation and Another reported in AIR 2009 SC 3104 . Thus taking the notional income of the appellant as Rs.12,500/- per month, applying appropriate multiplier 7

and the disability in respect of whole body as 5%, the compensation which the appellant is entitled to receive

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towards loss of future earnings is Rs.52,500/- (12,500 X 12 X 7 X5%).

Having considered the fact that the appellant

sustained fracture of both bones of left leg, this Court is of the view that, appellant could not have attended his normal pursuits at least for a period of 3 months. Thus loss of earnings during laid up period comes to Rs.37,500/- (Rs.12,500 X 3). However, the Tribunal granted a sum of Rs.6,000/- only towards loss of income during laid up period. Thus the additional sum which the appellant is entitled to receive towards loss of income during laid up period is Rs.31,500/- (Rs.37500 - Rs.6000). Also this Court is of the view that appellant is entitled to an additional sum of Rs.5,000/- towards food, extra nourishment, conveyance and attendant charges. This Court also is of the view that the appellant is entitled to a sum of Rs.10,000/- towards loss of amenities in life. Thus the total compensation which the appellant is entitled to receive in addition to the sum that is awarded by the

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Tribunal is Rs.99,000/- (Rs.52,500 + Rs.31,500 + Rs.5,000 + Rs.10,000). Therefore, the appeal is disposed of with the following:

ORDER

(i) The appeal is allowed in part .

(ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Udupi through orders in MVC No.606/2019 dated 11.03.2022 is enhanced by Rs.99,000/-.

(iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit except for the period of delay of 176 days as per orders on I.A.No.1/2022.

(iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this order.

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(v) On such deposit, appellant is permitted to withdraw the entire amount.

Sd/(DR.CHILLAKUR SUMALATHA)

JUDGE

NS, List No.: 1 Sl No.: 26