Karnataka High Court
Mr Fayaz Abdul Razak vs Mr Chethan on 22 June, 2022
Bench: Hanchate Sanjeevkumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.NO.4912/2017 (MV-I)
BETWEEN:
MR. FAYAZ ABDUL RAZAK,
S/O MR. ABDUL RAZAK,
AGED 29 YEARS,
R/AT # 4-55A, KALLAPU,
KALLEMAR HOUSE,
PERMANNUR POST,
MANGALURU, D.K.DISTRICT
PIN-575017.
... APPELLANT
(BY SRI RAVISHANKAR SHASTRY G., ADVOCATE)
AND:
1. MR. CHETHAN,
S/O MONAPPA SAPHALYA,
ADULT, OCCUPATION NOT KNOWN,
R/AT SP-11, SARIPALLA,
SARASWATHINAGARA,
PADIL POST, ALAPE VILLAGE,
MANGALURU TALUK,
D.K.DISTRICT, PIN-575014.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
IFFCO TOKIO INSURANCE SERVICES LTD.,
3RD FLOOR, LALBHAG TOWER,
M.G.ROAD, MANGALURU,
2
REPRESENTED BY
ITS BRANCH MANAGER,
PIN-575003.
... RESPONDENTS
(BY SRI. H.N.KESHAVPRASHANTH, ADVOCATE FOR R2,
R1-NOTICE DISPENSED WITH V/O DATED 22/06/2022)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD
DATED:17.04.2017 PASSED IN MVC NO.601/2015 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT
MANGALURU, D.K., PARLTY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,
THIS M.F.A. COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the
appellant/claimant challenging the judgment and
award dated 17.04.2017 in MVC.No.601/2015
passed by the Principal Senior Civil Judge and
MACT, Mangaluru, Dakshina Kannada.
2. Brief facts of the case are as under:
On 18.07.2014 the claimant was traveling as
a pillion rider in Honda Active bearing Reg.
No.KA-19/EL-6515 from Mangaluru to Kulshekar
and one Mr.Mahammed Ashraf was riding the said
motor cycle and at about 3.45 pm., when Honda
Active reached near Bikarnakatte Fly Over,
Bikarnakatte, Mangaluru, at that time, Motor Cycle
bearing Reg.No.KA-19/ED-7230 driven by its rider
in a rash and negligent manner came from
Moodabidre side moving to the extreme right side
of the road and dashed against Honda Active
Scooter, in which, the claimant was proceeding as
a pillion rider. Due to the impact, the claimant
sustained grievous injuries all over the body and
immediately, he was shifted to City Hospital,
Kadri, Mangaluru, wherein he was admitted as
inpatient from 18.07.2014 to 26.07.2014 and
conservative treatment was provided and also
surgery was conducted for treatment of fracture.
3. The claim petition was filed by the
appellant/claimant seeking compensation. The
Tribunal has partly allowed the claim petition and
awarded compensation of Rs.3,11,668/- with
interest at 6% p.a., from the date of petition till
the date of realization. Being aggrieved by the
same, the present appeal is filed before this Court.
4. The Tribunal has awarded the
compensation under various heads as follows:
Pain and sufferings & Medicals Bills Rs. 1,75,228/-
Conveyance, Food & Attendant Rs. 10,000/-
Loss of Amenities Rs. 25,000/-
Loss of income during laid off period Rs. 18,000/-
Future loss of income Rs. 73,440/-
Future Medical Expenses Rs. 10,000/-
Total 3,11,668/-
5. Ex.P.3 is the wound certificate, which
shows that the appellant has sustained the
following injuries:
(i) Laceration of 3 cm x 2 cm x bone deep on
the right parietal region of scalp.
(ii) Fracture of left orbit
(iii) Fracture of left frontal bone
(iv) Swelling and deformity of middle 1/3rd of
left leg-Fracture of tibia.
6. The appellant is a fisherman by
profession and he has spent Rs.1,50,000/-
towards medical expenses and hospitalization
charges and accordingly, the Tribunal has
considered the national income at Rs.9,000/- per
month.
7. The compensation amount awarded by
the Tribunal under the heads "conveyance, food
and attendance charges" and "loss of future
income" are on the lesser side. Under the head
"loss of income during laid up period" the Tribunal
has taken only two months, but it ought to have
taken 3 months considering the nature of injuries
sustained by the appellant/claimant. Therefore, in
order to meet the ends of justice, another sum of
Rs.50,000/- globally has to be awarded and
accordingly, it is awarded, in addition to what has
been awarded by the Tribunal. Therefore, the
global compensation is enhanced by Rs.50,000/-.
8. Accordingly, I proceed to pass the
following
ORDER
The appeal is allowed in part.
The judgment and award dated 17.04.2017
in MVC.No.601/2015 passed by the Principal
Senior Civil Judge and MACT, Mangaluru, Dakshina
Kannada, is modified to the extent of enhancing
the compensation by Rs.50,000/-. The
appellant/claimant is entitled for another sum of
Rs.50,000/- with interest at 6% per annum from
the date of petition till the date of realization, in
addition to what has been awarded by the
Tribunal.
The Trial Court Record shall be transmitted to
the Tribunal along with the copy of this order
forthwith.
Draw award accordingly.
No order as to costs.
Sd/-
JUDGE
PB
