Karnataka High Court
Mohammed Ismail @ Mohammed Ismail ... vs Isro Dept Of Space Govt. Of India on 2 November, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 2ND DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.840 OF 2010(MV)
Between :
Sri Mohammed Ismail @
Mohammed Ismail Sharif,
S/o Akbar Sheriff,
Aged about 70 years,
R/at #37, 6th Cross,
Wilson Garden,
Bangalore - 560 027. ...Appellant
(By Sri Nataraja T., Advocate for
Sri K.S.Venkataramana, Advocates)
And :
ISRO Dept. of Space Govt., of India,
(ISRTC), Plot No.12 & 13,
3rd Main, 2nd Phase,
Peenya Industrial Estate,
Bangalore - 560 058. ... Respondent
(By Sri K.Jayaram, CGSC for R1)
This MFA is filed under Section 173(1) of MV Act
against the Judgment and award dated 23.10.2009
passed in MVC.No.424/2009 on the file of XVIII Addl.
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Judge, Court of Small Causes, Member, MACT-4,
Bangalore, SCC-4, partly allowing the claim petition for
compensation and seeking enhancement of
compensation.
This MFA coming on for Admission this day, the
Court delivered the following:-
JUDGMENT
At the request of both the counsel, the matter is taken up for final disposal, since the records have also been received.
2. The case of the claimant is that on 22.10.2008 at about 5.30 p.m., when he was traveling on his Kinetic Honda bearing registration No.KA-01-K-3875 on 100 feet road near TVS cross proceeding towards Tumkur Road at Jalahalli Cross signal, a driver of a car bearing registration No.KA-02-MD-608, came and dashed against him. He fell down and sustained injuries.
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3. On a claim petition being filed under Section - 166 of the Motor Vehicles Act, the Tribunal awarded compensation in a sum of Rs.32,000/- along with interest at 6% per annum. The present appeal has been filed seeking enhancement. The liability is admitted.
4. The Tribunal has awarded compensation under the following heads:
Pain and sufferings : Rs. 6,000/- Loss of amenities and happiness : Rs. 4,000/- Medical and incidental charges : Rs. 22,000/- Total : Rs. 32,000/-
5. The compensation awarded towards 'medical and incidental charges' at Rs.22,000/- is just and proper and in tune with the bills produced and hence undisturbed. However, in view of the injuries sustained and based on the evidence of the Doctor-PW-2, the 4 amount awarded towards 'pain and sufferings' is on a lower side and hence enhanced by a further sum of Rs.10,000/-. Towards 'loss of amenities and happiness' Rs.4,000/- was awarded. The claimant was aged about 68 years as on the date of the accident and he claims to be working under PW-3. Under these circumstances, 'towards loss of amenities and happiness', the amount awarded is enhanced by a further sum of Rs.10,000/-.
6. Consequently, the claimant would be entitled for an enhanced compensation as under:
Pain and sufferings : Rs. 16,000/- Loss of amenities and happiness : Rs. 14,000/- Medical and incidental charges : Rs. 22,000/-
Total : Rs. 52,000/-
7. Thus, in all the claimant is awarded a sum of Rs.20,000/- (Rs.52,000/- less Rs.32,000/-) along with 5 interest at 6% per annum from the date of claim petition till the date of realisation, which shall be paid within a period of four weeks from the date of receipt of the copy of this order.
Sd/-
JUDGE JJ