IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.304/2019 C/W M.F.A.No.305/2019(MV) IN M.F.A.No.304/2019:
BETWEEN:
MD SHAHWAJ ALIAS SHABAZ S/O KUDDUS, AGED ABOUT 29 YEARS R/A DUMRIYA VILLAGE, NAHAR TOLA BISTORIYA POST, RANIHANJ THANA, ARARIA DISTRICT – 854 334.
NOW R/AT C/O AFRAME VICKY LOBO, SEA ROCK INDUSTRIES, PADDU-BAIKADI, GANDHI NAGAR ROAD, UDUPI TALUK AND DISTRICT-576103 ..APPELLANT (BY SRI M AJAYPRABHU, ADVOCATE FOR SRI SACHIN B S, ADVOCATE) AND:
1. SHEIKH MOHAMMAD AKBAR S/O SHEIKH MOHAMMAD IBRAHIM, AGED ABOUT 43 YEARS, R/A GANDHI NAGARA, HONNALA POST, BAIKADI VILLAGE, UDUPI TALUK AND DISTRICT-576 103.
2. IFFCO TOKIO GEN. INS. CO. LTD., 3RD FLOOR, LAL BAGH TOWER, M.G.ROAD, MANGALORE-575 003. ..RESPONDENTS (BY SRI R SRINIVASA GOWDA, ADVOCATE FOR R-2, R-1 – SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.10.2018 PASSED IN MVC No.812/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.No.305/2019: BETWEEN:
MOHAMMAD MUJAHID S/O MOHAMMAD AYUB AGED ABOUT 32 YEARS, R/AT KOTHIHAT PATNA A VILLAGE, KANIGANJ THANA ARARIA ARARIA-854 334.
NOW R/AT C/O AFRAME VICKY LOBO SEA ROCK INDUSTRIES PADDU-BAIKADI GANDHI NAGAR ROAD, UDUPI TALUK AND DISTRICT-576 103.
..APPELLANT (BY SRI M AJAYPRABHU, ADVOCATE FOR SRI SACHIN B S, ADVOCATE) AND:
1. SHEIKH MOHAMMAD AKBAR S/O SHEIKH MOHAMMAD IBRAHIM AGED ABOUT 43 YEARS, R/AT GANDHI NAGARA HONNALA POST BAIKADI VILLAGE, UDUPI TALUK AND DISTRICT -576 103.
2. IFFCO TOKIO GEN. INS. CO. LTD., 3RD FLOOR LAL BAGH TOWER M G ROAD, MANGALORE -575 003.
..RESPONDENTS (BY SRI R SRINIVASA GOWDA, ADVOCATE FOR R-2, R-1 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.10.2018 PASSED IN MVC No.813/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the appeals are listed for admission they are taken up for disposal together as they arise out of the same accident and with the consent of learned counsel for appellant.
These are the two appeals directed against the Judgment and award dated 04.10.2018 passed in MVC No.812/2016 and MVC No.813/2016 on the file of the II Additional Senior Civil Judge, AMACT, Udupi.
Appellants in each of the case is the claimant.
2. In MFA No.304/2019 the claimant in MVC No.812/2016 has come up in appeal seeking enhancement of compensation.
3. In MFA No.305/2019 the claimant in MVC No.813/2016 has challenged the impugned Judgment and award and seeks enhancement of compensation.
4. Basically the details of the accident are on 29.11.2015 at about 7.30 P.M. near SMS PU College, Brahmavara, Varambally Village, Udupi, when the appellant/claimant Shahwaz @ Shabaz in MVC No.812/2016 and claimant-Mohammed Mujahid in MVC No.813/2016 were traveling as passengers in a Autorickshaw bearing registration No.KA-20-D-3514 from Brahmavara towards Baikadi side driver of autorickshaw drove it in a rash and negligent manner and dashed against the motorcycle bearing registration No.KA-20-EJ-3251 that was coming from the left side of the road from Udupi side towards Brahmavara side because of which the claimants sustained injuries.
5. The doctor –PW-3 who examined the claimant in MVC No.812/2016 had deposed that claimant is having 18% disability and the injuries sustained by the claimant are:
1. Fracture Tibia left 2. Lacerated wound over chin 4 cm x 1 cm 3. Lacerated wound on forehead right 4. Abrasion of left foot.
6. The doctor –PW-4 who examined the claimant in MVC No.813/2016 had deposed that claimant sustained following injuries:
1. Abrasion on 2nd toe left 2. Fracture 4th, 5th Metatarsal left 7. The learned Member was accommodated with oral evidence of PW-1 to PW-4 and documentary evidence Exhibits P-1 to P-17. Oral evidence of RW-1 and RW-2 and documentary evidence Exhibits R-1 to R-6 on behalf of the respondents.
8. The learned Member considered the monthly income of the claimants at Rs.8,000/-. The multiplier applicable to the injured in MVC No.812/2016 is `17’ by virtue of his age in the age group of 26 to 30. The learned Member has granted compensation as under: In MVC No.812/2016:
treatment period 4. Loss of future earning Rs. 97,920/-
Total compensation Rs.2,39,428/-
In MVC No.813/2016:
9. Learned counsel for appellants Sri Ajay Prabhu would submit that the assessment made by the Tribunal is on the lower side considering the nature of injuries and their impact.
10. Disability is not reckoned in MVC No.813/2016.
One injury stated to be simple and second one grievous.
In the over all context and circumstances compensation granted by the Tribunal is on considering the age, impact of the accident, injuries. I do not find either over assessment or under assessment is made by the learned Member. Compensation granted is just, fair and sufficient. There is no necessity to continue the proceedings further. Appeals are liable to be rejected at this stage itself.
Appeals are rejected.
Sd/- JUDGE SBN