MFA/3532/2021 of MOHAMMED GOUSE Vs DISTRICT HEALTH AND WEALTH OFFICER on 9 September 2026

JUDGMENT

AND AWARD DATED 11.06.2019, PASSED IN MVC.NO.520/2015, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T. AT UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

1. This appeal has been filed by the claimant/appellant seeking enhancement of compensation, being aggrieved by the judgment and award dated 11.06.2019 passed in MVC No.520/2015 on the file of the Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge at Udupi (for short, ‘Tribunal’), wherein the Tribunal awarded compensation of Rs.2,95,114/- with interest at 6% p.a. from the date of petition till realization.

2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

3. Heard Sri Ganesh R., learned counsel for appellant and Sri Krishna Kishore, learned counsel for respondent No.2. Respondent No.1 is served and unrepresented.

4. Learned counsel for the appellant submitted that the Tribunal has committed an error in appreciating the evidence on record in a proper perspective and further erred in awarding meager compensation of Rs.2,95,114/-, without considering the evidence of PW1 as well as PW2 and PW3 - Doctors. Further, he submitted that inadequate compensation has been

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awarded under the head of pain and suffering. It is further submitted that the amount awarded under the head medical expenses is not in consonance with the documents produced before the Tribunal. Further, he disputed the loss of income awarded to the injured. Learned counsel for appellant disputed the compensation awarded by the Tribunal under all the heads and sought modification of the said award. Making such submissions, learned counsel for appellant prays to allow the appeal.

5. Per contra, learned counsel representing the respondent No.2 – Insurance Company justified the award passed by the Tribunal and stated that the Tribunal has awarded fair compensation which requires no modification. Making such submissions, learned counsel for respondent No.2 – Insurance Company prays to dismiss the appeal.

6. Having considered the submissions raised by the learned counsel for the respective parties, it is necessary to state the facts in brief. The accident occurred on 11.02.2014 at 03.30 p.m. As on the date of accident, the injured was aged about 35 years and he was working as an auto driver. The Trial Court

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while considering the loss of future income, notional income of the injured was taken as Rs.7,000/- per month. However, the notional income of the injured would be considered as Rs.8,500/- per month and disability is required to be further added by 1%.

7. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the compensation as under:- Sl. No.

Particulars Award amount (in Rupees) Tribunal This Court

Loss of future income 8500x12x16x11 1,34,400 1,79,520

Pain and suffering 40,000 60,000

Medical expenses 64,714 64,714

Conveyance, food, nourishment, attendant charges 5,000 10,000

Loss of income during laid up period 21,000 25,500

Loss of amenities in life 30,000 40,000

TOTAL 2,95,114 3,79,734

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The enhanced amount will carry 6% interest per annum.

8. In the light of the observations made above, I proceed to pass the following:-

ORDER

i) Miscellaneous First Appeal is allowed in part. ii) The judgment and award dated 11.06.2019 in MVC No.520/2015 passed by the Additional Motor Accidents Claims Tribunal and Principal Senior Civil Judge, Udupi, is modified, granting compensation of Rs.3,79,734/- (Rupees Three Lakhs Seventy Nine Thousand Seven Hundred and Thirty-four only) as against Rs.2,95,114/- awarded by the Tribunal. iii) The claimant is entitled to enhanced compensation of Rs.84,620/- with interest at the rate of 6% per annum from the date of this appeal till realisation. iv) The enhanced compensation amount shall be deposited by the second respondent within a period of six weeks from date of receipt of the certified copy of this judgment.

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v) The Registry is directed to communicate the order to the Tribunal and send the records to the Trial Court forthwith.

Sd/- (S RACHAIAH) JUDGE

BSS List No.: 1 Sl No.: 24