Mr Noushad Ibrahim Vs Jayaram Bhandary

JAYARAM BHANDARY S/O SUBBAIAH BHANDARY AGED ABOUT 67 YEARS MANAGING PARTNER KARAVALI SWITCH GEARS, C-42, INDUSTRIAL ESTATE, BAIKAMPADY, MANGALURU D.K. DISTRICT PIN – 575 010.

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THE DIVISIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE CO. LTD., 3^RD FLOOR, LALBAGH TOWER, BALLAL BAGH M.G. ROAD, MANGALURU, D.K PIN – 575 003.

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…RESPONDENTS

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NC: 2025:KHC:30155 MFA No. 6744 of 2017

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HC-KAR

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(BY SRI. D.VIJAYA KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 09.03.2020, NOTICE TO R1 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2017 PASSED IN MVC NO.1003/2016 ON THE FILE OF THE 3^RD ADDITIONAL DISTRICT JUDGE & MEMBER, MACT-IV, D.K., MANGALURU AND CLAIM PETITION BE ALLOWED AS PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE.

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dated 28.04.2017 in MVC No.1003/2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the MACT' for short).

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HC-KAR

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The injured claimant filed a petition claiming

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compensation of Rs.5,00,000/-. Upon considering the evidence, the Tribunal awarded a total of Rs.83,000/- with interest at 6% per annum from the date of the petition till its realization. Being aggrieved by the said judgment, the claimant preferred this appeal.

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It is contended that the appellant was an inpatient from 01.04.2016 to 05.04.2016, sustaining grievous injuries which required a left eye corneal tear repair. As per the evidence of PW.2 and the injury certificate, he has suffered a 20% disability. He was a driver, aged 22 years at the time of the accident, and has suffered a loss of future earnings. He filed his driving license (Ex.P15) and claimed a monthly income of Rs.15,000/-, but the Tribunal considered his income to be

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only Rs.6,000/- per month. Furthermore, the awarded interest rate of 6% per annum is on the lower side.

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NC: 2025:KHC:30155 MFA No. 6744 of 2017

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HC-KAR

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Therefore, the appellant respectfully requests this Court for an enhancement of the compensation.

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Heard the learned counsel for the parties and perused the trial court records.

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As per the wound certificate (Ex-P3), the appellant sustained a grievous injury, namely a left eye ball thickness corneal tear, congested, AC shallow. Admittedly, he was 22 years old driver at the time. Although PW.2 stated that the injured recovered from the eye injury, the Tribunal has not rightly considered the disability. However, considering the nature of the injury sustained by the appellant, this Court finds it reasonable to grant an amount of Rs.25,000/- for the injuries.

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The Tribunal has not granted any compensation under the head loss of amenities, considering the nature of injuries suffered by the claimant, this Court finds it reasonable to award Rs.50,000/- under the head loss of amenities.

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HC-KAR

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Towards food and conveyance during treatment

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period tribunal has awarded Rs.5,000/- an addition amount of Rs.5,000/- is awarded i.e., Rs.10,000/- is awarded under this head.

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It is also stated that he met with an accident in

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the year 2016, and as per the guidelines issued by the Legal Service Authority, his income is to be taken as Rs.9,500/- per month. Therefore, the loss of earnings comes to (9,500/- X 3 months) Rs.28,500/- instead of Rs.18,000/-.

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He was hospitalized only for the period of four days. Therefore, the medical bills of Rs.10,000/- was awarded by the Tribunal and the same is does not call for interference.

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Therefore, the appellant is entitled to enhanced compensation under the following heads:

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HC-KAR

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	Awarded by MACT Rs.	Awarded by this High Court Rs.
Injuries		25,000/-
Pain and sufferings	50,000/-	50,000/-
Medical bills	10,000/-	10,000/-
Food and conveyance during treatment period	5,000/-	10,000/-
Loss of income during treatment period. (9,500X3 months)	18,000/-	28,500/-
Loss of amenities		50,000/-
Total		1,73,500/-

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In summary, the appellant/claimant is entitled to a total compensation of Rs.1,73,500/- as opposed to Rs.83,000/- awarded by the Tribunal. The enhanced compensation amounts to Rs.90,500/-. To this extent, the award passed by the Tribunal is modified.

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