Karnataka High Court
Ifthiar @ Mohammed Hussain vs The President Transport Co-Operative ... on 8 November, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 8TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
M.F.A No. 5189/2009 (MV)
BETWEEN:
Ifthiar @ Mohammed Hussian,
S/o M.H.Mohiddin Basha, Sales,
Aged about 36 years,
Executive (Doha, Qatar U.A.E.),
Residing at Lower Pete Koppa,
Koppa Taluk,
Chikamagalur District. ...Appellant
[By Sri.Ashwin.S.Halady, Advocate]
A N D:
1. The President,
Transport Co-Operative Society,
Koppa, Koppa Taluk,
Chikamagalur District.
2. The Manager,
United India Insurance Co.Ltd.,
Cresent Court Building, K.M.Road,
Chikamagalur-1.
3. Sathisha,
S/o Vithala Naika,
Major, Occ: Driver,
R/ at Chawki Siddaramatta Road,
Koppa, Koppa Taluk,
Chikamagalur District.
4. K.S.Subramanya Shetty,
S/o Srinivasa Shetty,
2
Aged about 36 years,
Residing at Subash Road,
Koppa Town and Post-577 126.
5. United India Insurance Co.Ltd.,
Branch Office,
Cresent Court Building,
Chikamagalur-1. ...Respondents
[Respondent Nos. 1 to 5 are Served]
This M.F.A is filed under Section 173 (1) of MV Act
against the judgment and award dated 18.11.2008 passed
in MVC No.45/2004 on the file of the District Judge and
Presiding Officer, Fast Track Court-I and MACT-III,
Chikmagalur, partly allowing the claim petition for
compensation and seeking enhancement of compensation.
This M.F.A. coming for hearing on this day, the
court delivered the following:-
JUDGMENT
The case of the claimant is that on 21-12-2002 at about 8.30 pm., when he was riding the motor bike bearing No.KA.18.L.6322 from Koppa to Hariharapura, at that time, a bus bearing No. KA.18.A.3156 came from the opposite direction in a rash and negligent manner and dashed against him, as a result of which, he sustained injuries. Immediately he was shifted to Government Hospital, Koppa and thereafter to City 3 Hospital, Mangalore, where he was treated as inpatient.
2) On a claim Petition being filed, the Tribunal awarded a sum of Rs.1,34,000/- along with interest. Seeking enhancement of the compensation awarded by the Tribunal, the present appeal is filed.
3) The compensation awarded by the Tribunal is as follows:-
Medical expenses Rs. 54,000/-
Pain and sufferings Rs. 40,000/-
Food & Nourishment & Attendant Charges Rs. 10,000/-
Loss of income during treatment Rs. 20,200/-
Loss of future amenities Rs. 10,000/-
Total Rs.1,34,000/-
4) In the facts and circumstances of the case,
the amount awarded towards medical expenses in a sum of Rs.,54,000/- is in terms of the medical bills produced. Therefore, the amount awarded under this head does not call for enhancement, hence, it is left undisturbed. However, according to PW.2, the Doctor who treated the petitioner, petitioner has to undergo future medical treatment and it incurs expenditure of 4 Rs.15,000/-. Hence, an amount of Rs.15,000/- is awarded towards future medical treatment.
5) The compensation awarded under the head of pain and sufferings is on the lower side. Accordingly, it is enhanced by Rs.10,000/-
6) The compensation awarded under the head of Food, Nourishment and Attendant Charges is just and proper and it does not call for interference.
7) The appellant must have required atleast six months to recover from his injuries. So, the compensation awarded under the head of loss of income during treatment is enhanced by a further sum of Rs.10,000/-.
8) The compensation awarded under the head of loss of amenities is enhanced by a further sum of Rs.10,000/-
5
9) The compensation now awarded is as follows:-
Medical expenses Rs. 54,000/-
Future Medical Expenses Rs. 15,000/-
Pain and sufferings Rs. 50,000/-
Food & Nourishment & Attendant Charges Rs. 10,000/-
Loss of income during treatment Rs. 30,000/-
Loss of future amenities Rs. 20,000/-
Total Rs.1,79,000/-
10) Consequently, the compensation is
enhanced by a sum of Rs.45,000/- (Rs.1,79,000 less
Rs.1,34,000/-) along with 6% interest per annum from the date of the Petition till realization and to be paid within a period of 4 weeks from the date of receipt of copy of this order.
The appeal is allowed-in-part.
SD/-
JUDGE KGR*