Chandra Naik Vs Mohammed Ujil

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.06.2012 PASSED IN MVC NO.1326/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR JUSTICE UMESH M ADIGA

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ORAL JUDGMENT

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This appeal is filed by the claimants against the judgment and award dated 23.06.2012 in MVC.No.1326/2008 on the file of Fast Track and Motor Vehicle Accidents Claim Tribunal, Kundapura (for short 'Tribunal')

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The parties are referred to as per their ranking before the Tribunal.

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It is the case of the claimant that on 17.06.2008 at about 9.15 a.m., at Goliangadi of Belve village, Kundapura Taluk, the petitioner while proceeding on a bicycle as a

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3 - NC: 2025:KHC:18871 MFA No. 10311 of 2012

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HC-KAR

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pillion rider on main road, at that time, the driver of Maruthi Omni Car bearing Reg.No.19-A-2404 drove the same in a rash and negligent manner and dashed against the said bicycle, as a result of which, the claimant fell down and sustained injuries. With these reasons, prayed to award the compensation.

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Respondent No.2 totally denied the contention of the claimant and in addition to that it has contended that it is not liable to pay the compensation. The owner of the vehicle did not co-operate with respondent No.2, in contesting the matter. With these reasons, prayed to dismiss the claim petition.

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From the oral contentions of the parties, the

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Tribunal framed the necessary issues.

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The Tribunal recorded the evidence of parties. The claimant examined 3 witnesses as PW-1 to PW-3 and marked Exs.P1 to 18. The respondents examined two witnesses as RW-1 and 2 and marked Exs.R1 to R4.

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HC-KAR

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After hearing both the parties and appreciating

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the evidence on record, the Tribunal awarded the following amount of compensation:

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Sl.No.	Particulars	Amount in (Rs.)
1.	Pain and agony	27,000
2.	Medical expenses, conveyance Special diet, nourishment and attendant charges	20,000
3.	Future loss of amenities of life	10,000
	Total	Rs.57,000/-

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Being aggrieved by the same, the claimant

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preferred this appeal for enhancement of compensation.

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I have anxiously perused the records and found that the amount of compensation awarded by the Tribunal is on the lower side. The claimant has taken treatment as inpatient for a period of 6 days in Manipal Hospital. The medical records reveal that he has taken follow up treatment. Due to injuries sustained in the incident, the petitioner had scar marks on his face beneath to right ear and chin and his right index finger is disfigured at the tip.

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HC-KAR

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Due to these accident injuries his face was disfigured. He has produced the medical bills worth Rs.13,000/-. Considering the injuries sustained by the claimant, the amount of compensation awarded under the head pain and suffering, medical expenses, loss of amenities are on the lower side.

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As per the contention of the claimant, he was a student at the time of the accident. Therefore, question of loss of income during the laid up period does not arise. Considering the contentions of learned counsel for the appellant and materials placed on record, the claimant is entitled for enhancement of Rs.25,000/-. Accordingly, I proceed to pass the following:

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ORDER

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i. The appeal is allowed .

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ii. The impugned judgment and award dated 23.06.2012 in MVC.No.1326/2008 passed by the Fast Track and Motor Vehicle Accident Claims Tribunal, Kundapura is modified.

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NC: 2025:KHC:18871 MFA No. 10311 of 2012

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HC-KAR

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iii. The claimant is entitled to enhancement of Rs.25,000/- in addition to the amount already awarded by the Tribunal, with interest @ 6% per annum from the date of the petition till its realization.

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