Olvin Duming Lopes Vs Yasawant Timmappa Naik

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO THAT THE JUDGMENT AND AWARD DATED 16.10.2019, PASSED IN THE MVC NO.455/2017, BY THE ADDITIONAL M.A.C.T, KUMTA, AT KUMTA, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AT RS.22,00,000/- AS CLAIMED BY THE APPELLANTS-CLAIMANTS, BY ALLOWING THIS APPEAL, WITH COST THROUGHOUT, IN THE ENDS OF JUSTICE AND EQUITY.

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NC: 2026:KHC-D:1799-DB MFA No. 101399 of 2020

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HC-KAR

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

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CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND

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THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

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ORAL JUDGMENT

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(PER: HON'BLE MR.. JUSTICE M.I.ARUN)

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Not satisfied by the judgment and award dated 16.10.2019, passed in M.V.C. No.455/2017 by the Additional Motor Accident Claims Tribunal, Kumta (hereinafter referred to as ‘the Tribunal’, for short), the petitioner therein has preferred this appeal.

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The petitioner met with an accident on 26.12.2016 when he was traveling as a pillion rider on a motorcycle bearing registration No.KA-47/H-7597. It was a self-accident by the rider of the motorcycle. Respondent No.1 was the rider of the motorcycle and respondent No.2 is the insurance company which had insured the motorcycle.

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Given the nature of injuries, the Tribunal has awarded a sum of Rs.6,17,163/- along with interest at the

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3 - NC: 2026:KHC-D:1799-DB MFA No. 101399 of 2020

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HC-KAR

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rate of 6% per annum from the date of petition till realization.

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The grounds of the appellant is that no

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compensation is awarded towards ‘loss of amenities’. Though he has raised several contentions in the appeal memorandum, in the course of argument, the counsel for the appellant submits that, if an adequate sum is granted towards ‘loss of amenities’, the appellant would be satisfied.

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Though the counsel for the respondent No.2-insurance company justifies the impugned judgment and award of the Tribunal, she is not in a position to dispute the fact that no compensation is awarded towards ‘loss of amenities’ to the appellant.

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The records reveal that the appellant has suffered a permanent disability to his right limb to an extent of 32% and the total disability to the whole body is assessed at 10%. Under the circumstances, we are of the opinion that a sum of Rs.50,000/- globally, without any

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NC: 2026:KHC-D:1799-DB MFA No. 101399 of 2020

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HC-KAR

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interest thereon, over and above what has already been granted to the appellant by the Tribunal would meet the ends of justice. Hence, the following:

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ORDER

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i) The compensation awarded by the Tribunal in favour of the appellant herein is enhanced by a sum of Rs.50,000/- globally, which is payable to him by respondent No.2-insurance company within a period of six weeks from the date of receipt of a certified copy of this order, failing which the said sum will carry interest at the rate of 6% per annum from the date of filing the petition before the Tribunal till realization. The impugned judgment and award of the Tribunal is hereby modified accordingly.

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ii) The appeal stand disposed off accordingly.

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Sd/(M.I.ARUN) JUDGE

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Sd/(B. MURALIDHARA PAI) JUDGE

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KMS / CT:ASC List No.: 2 Sl No.: 12

Olvin Duming Lopes v. Yasawant Timmappa Naik

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Olvin Duming Lopes v. Yasawant Timmappa Naik

Case brief

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