Appeal against Motor Accidents Claims Tribunal award where appellant suffered rib fractures and lung injuries. Court modified tribunal award granting additional Rs. 40,000 with interest to insurance company within six weeks.
Additional compensation of Rs. 40,000 with 6% per annum interest ordered to be paid within six weeks.
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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:
(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:
J U D G M E N T
Though this matter is listed for admission today, with the consent of both the learned counsel it is taken up for final disposal.
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
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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.
following:
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ORDER
Sd/JUDGE
MD
3 issues framed by the court
Whether the compensation awarded by the Tribunal requires modification in light of the medical facts regarding rib fractures and lung hemopneumothorax.
What is the appropriate quantum of additional compensation to be granted for the appellant's injuries.
With interest, whether the insurance company is directed to pay the modified compensation within a specified time.
Mr. Mohammed Irfan @ Irfan
The National Insurance Co. Ltd.
Mr. Ummar Farooq
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
