Mr Mohammed Irfan @ Irfan vs The National Insurance Co Ltd
2021 Latest Caselaw 2284 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 17TH DAY OF JUNE, 2021

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                  M.F.A.NO.1627/2015 (MV)

BETWEEN:

MR. MOHAMMED IRFAN @ IRFAN,
S/O ALIYABBA,
AGED ABOUT 19 YEARS,
R/O ASHRAF MANZIL,
KALLAPU MONEPU,
PERMANNUR VILLAGE,
MANGALURU TALUK-575017.                        ... APPELLANT

            (BY SRI GURUPRASAD B.R., ADVOCATE)

AND:

1.     THE NATIONAL INSURANCE CO. LTD.,
       BHARATH BLDG., P.M.RAO ROAD,
       MANGALURU TALUK-575001.
       REPRESENTED BY ITS MANAGER.

2.     MR. UMMER FAROOQ,
       S/O ALIYABBA,
       AGED ABOUT 36 YEARS,
       R/O ASHRAF MANZIL,
       KALLAPU MONEPU,
       PERMANNUR VILLAGE,
       MANGALURU TALUK-575017.              ... RESPONDENTS

          (BY SRI RAVISH BENNI, ADVOCATE FOR R-1;
        SERVICE OF NOTICE TO R-2 IS DISPENSED WITH
               VIDE ORDER DATED 05.07.2016)
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      THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 01.08.2014
PASSED IN MVC.NO.534/2012 ON THE FILE OF THE IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT,
D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.

     THIS M.F.A. COMING ON FOR ADMISSION THROUGH
'VIDEO CONFERENCE' THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                        JUDGMENT

Though this matter is listed for admission today, with the

consent of both the learned counsel it is taken up for final

disposal.

2. This appeal is filed challenging the judgment and

award dated 01.08.2014 passed in M.V.C.No.534/2012 on the

file of the IV Additional District Judge and Member, MACT, D.K.,

Mangaluru ('the Tribunal' for short).

3. The parties are referred to as per their original

rankings before the Tribunal to avoid the confusion and for the

convenience of the Court.

4. The present appeal is filed by the claimant who is a

student. The claimant met with an accident on 31.10.2011 and

he was aged about 16 years at the time of the accident. As a

result of the accident, he has suffered the fracture of 7th and 8th

rib and also in the wound certificate it is mentioned that he has

suffered heamopneumothorx of left lung and he was an inpatient

for a period of seven days. The Tribunal while awarding

compensation, awarded only an amount of Rs.5,000/- under the

head pain and suffering and Rs.5,000/- under the head food and

conveyance during treatment period other than medical

expenses of Rs.42,456/-. The doctor has not been examined.

5. Having perused the material on record, particularly

the judgment of the Tribunal, in paragraph No.11 though

discussed in detail comes to a conclusion with regard to fracture

of only 8th rib and the wound certificate is otherwise contrary to

the finding of the Tribunal that he has suffered fracture of 7th

and 8th rib and heamopneumothorx of left lung. Having

considered the material on record, it is appropriate to award an

additional compensation of Rs.40,000/- and hence the judgment

and award of the Tribunal requires to be modified.

6. In view of the discussions made above, I pass the

following:

ORDER

(i) The appeal is allowed in part.

     (ii)    The impugned judgment and award of the
             Tribunal    dated     01.08.2014        passed      in
             M.V.C.No.534/2012         is     modified   granting

additional compensation of Rs.40,000/- with interest at the rate of 6% per annum from the date of petition till deposit.

(iii) The Insurance Company is directed to pay the compensation amount with interest within six weeks from today.

(iv) The Registry is directed to transmit the records to the concerned Tribunal, forthwith.

Sd/-

JUDGE

MD