MFA.762/2016

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

M.F.A.762/2016 (MV –I)

BETWEEN:

MR. JEOFREY FERNANDES,

AGED 55 YEARS,

S/O LATE GREGARY FERNANDES,

R/AT D.NO.3/107/9 II SITE,

BAJJODY, KULSAHEKAR POST,

BIKARNAKATTE, MANGALORE,

D.K-575 008.

… APPELLANT

(BY SRI. PUNDIKAI ISHWARA BHAT, ADV.)

AND:

1.

MR. FELIX MORAS, AGED 51 YEARS,

S/O JACOB MORAS,

R/AT H.NO.7-832, ‘DAYALL’,

KANKANADY GUTHU,

MANGALORE TALUK, D.K-575 002.

2.

THE NATIONAL INSURANCE CO. LTD.,

II FLOOR, RASIK CHAMBERS,

OPP. CENTRAL MARKET,

MANGALORE – 575 001.

REPRESENTED BY ITS MANAGER

… RESPONDENTS

(BY SRI. H.S.LINGARAJ, ADV. FOR R-2,

VIDE ORDER DATED 15.03.2019, NOTICE TO R-1 IS

DISPENSED WITH)

MFA.762/2016

2

THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV

ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED:19.06.2015 PASSED IN MVC NO.120/2014 ON THE

FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT,

MANGALORE., D.K. PARTLY ALLOWING THE CLAIM PETITION

FOR COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION.

THIS APPEAL COMING ON FOR ADMISSION HIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

1.

The

Claimant,

being

dissatisfied

with

the

compensation of Rs.4,25,141/- awarded by the Tribunal,

is in appeal.

2.

The fact that an accident occurred on 25.09.2013

when the claimant was riding his scooter when it was hit

by TATA Sumo is not in dispute. The further fact that the

TATA Sumo was insured is also not in dispute.

3.

The Tribunal on consideration of the evidence

adduced before it has recorded a finding that the

claimant has suffered the following injuries.

1. 5 x 1 cm laceration on the left parietal area.

2. Small abrasion on the upper lip

MFA.762/2016

3

3. 5 x 1 cm laceration on the left parietal area

4. Small laceration on the left ear lobule

5. Small abrasion present over the face, forehead,

cheek, perorbital area.

6. Fracture of left ala of sacrum

7. Fracture of right acetabular roof

8. Fracture of inferior right pubic ramus

9. Right renal lacerantion

10. contusion of the liver

11. Fracture of right transverse process of L1, bilateral

transverse process of 14 verbebra.

12. Left tempero parietal subudralhaematoma

13. Acute subarachnotohaemorrhage.

4.

The Tribunal has proceeded to award a sum of

Rs.5,000/- each towards the simple injuries, a sum of

Rs.20,000/-

towards Injury

No.6

and

a

sum of

Rs.10,000/- each towards Injury Nos.7 to 13. In all, a

sum of Rs.1,15,000/- is awarded towards pain and

suffering.

MFA.762/2016

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5.

The

Tribunal

has

also

awarded

a

sum

of

Rs.36,800/- towards attendant charges, extra food,

nourishment

and

conveyance

charges,

a

sum

of

Rs.1,24,100/- towards medical expenses and a sum of

Rs.1,49,241 has also been awarded towards loss of

income towards loss of earned leave. In all, a sum of

Rs.4,25,141/- has been awarded by the Tribunal.

6.

Learned counsel for the claimant contended that

having regard to the fact that the claimant had suffered

four fractures, head injuries, an Acute Subarachnoto

haemorrhage, right renal laceration and contusion of the

liver, an award of just Rs.1,15,000/- towards pain and

suffering was highly in adequate. He submitted that the

Tribunal has also committed a serious error in not

awarding any sum towards loss of amenities. Having

regard to the fact the claimant was hospitalized for a

period of 71 days, an award of just Rs.36,800/- towards

attendant

charges,

extra

food,

nourishment

and

conveyance charges was also inadequate.

MFA.762/2016

5

7.

I have considered the submission of learned

counsel for the appellant and perused the materials on

record.

8.

It cannot be in dispute that the claimant did suffer

five simple injuries and six grievous injuries. Out of the

six grievous i