Compensation under Motor Vehicles Act is enhanced based on recent amendments and judicial interpretation supporting claimants.

ORAL JUDGMENT

The appellant injured by name Mr. Shahid Ahmed S/o Shaffer Ahmed is before this Court challenging the judgment and award dated 27.11.2019 passed in MVC.No.2399/2018 by the learned XI Additional Small Causes Judge and ACMM., Court of Small Causes at Bengaluru wherein, the petitioner has filed the petition under Section 163-A of the Motor Vehicles Act , 1988 (for short "M.V. Act") claiming compensation of Rs.10,00,000/- (Rupees Ten lakhs Only) on account of he suffering grevious injuries in a road traffic accident that took place on 20.02.2018 at about 10:45 am., when he was riding his motorcycle bearing registration No.KA-52-Q-5759 on Agara fly over, outer ring road, Bengaluru. It is alleged that, at that time, the driver of the lorry came in opposite side with high speed in a rash and negligent manner and dashed against the petitioner. As a result of it, petitioner sustained grevious injuries and he was shifted to Greenview Hospital, wherein he took first aid treatment and thereafter, shifted to Bowring Hospital, Bengaluru. He alleges that, he has spent more than Rs.50,000/- towards medical expenses. It is stated that, prior to the accident, the petitioner was hale and healthy and working as mechanic and earning Rs.3,300/- per month. Now, he has lost his income and he is unable to attend his work.

Hence, he prays to award the compensation as prayed. 2. Before the tribunal, notice was issued to respondents. Despite service of notice, respondent No.1 remained absent, but, whereas, respondent No.2 - Insurer appeared and opposed the petition filed by the petitioner under Section 163-A of the M.V. Act.

3. It is contented that, the petitioner is put to strict proof of all the assertions made in the petition with regard to the nature of the accident, his income, injuries and disability etc. By framing relevant issues based upon the rival pleadings of both the parties, the tribunal posted the case for evidence. Accordingly, the petitioner himself entered the witness box as PW.1 and got marked Exs.P1 to P14 and also examined PW.2 - Dr.S.A.Somashekar and closed the petitioner evidence. To rebut the evidence of the petitioner, one S.Pruthvi Raj, officer of the respondent No.2 was examined as RW.1.

4. The learned tribunal on hearing the arguments and on evaluation of the evidence, awarded Rs.1,49,062/- in all, together with the interest @ 6% per annum from the date of petition till deposit. Being aggrieved by the same, now the petitioner is before this Court.

5. Evidently this petition so filed by the petitioner is under Section 163-A of the M.V. Act. The learned counsel for the petitioner much relies upon the provisions of Section 164 of the Motor Vehicles Act . The said provision reads as under:

"164. Payment of compensation in case of death or grevious hurt, etc. - (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be.

(2)In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person.

(3)Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid un