SHRI IQBALAHAMED Vs. VICE

JUDGEMENT

(1.) Having turned into a vegetable, after a vehicular accident, having saddled his wife with the responsibilities of having to look after a physically and mentally challenged husband, three children, and an aged mother-in-law, and hoping for enhancement of the compensation, the injured, Mr. Iqbal Ahamed, has filed this appeal through his wife, Smt. Salama.

(2.) The appellant has challenged the legality of the Award dated 02.01.2012, passed by the Fast Track Court-III, and Additional M.A.C.T., Belgaum, ('the Learned Tribunal', for short) whereby, the Learned Tribunal has granted a compensation of Rs. 5,34,000/-, along with an interest at 8% p.a., from the date of filing of the petition till the date of realization to the appellant.

(3.) Briefly the facts of the case are that on 18.11.2009, the appellant was riding as a pillion rider, on a motor cycle being driven by his friend, Mr. Jafar Sayad Quadar Mulla. When the motor cycle reached near MRF Factory, Usgao, Ponda, at about 8.15 p.m., suddenly a Canter Tempo, bearing Registration No. KA-52/1723, coming from Ponda, and going towards Belgaum, being driven in a rash and negligent manner, dashed against the motor cycle. Consequently, the appellant suffered large number of grievous injuries. Immediately, he was rushed to the Goa Medical Hospital, Bambolium, where he was hospitalized from 19.11.2009 till 28.12.2009. During his hospitalization, he underwent two operations in which his fractures, (especially in his right leg), were nailed. Since the appellant had also suffered head injuries, he was treated by Dr. G.M. Wali, Neuro-Specialist at the Neuro-Specialties Centre in Belgaum. Since he had not recovered fully, he was further treated at the Government Hospital, Miraj, as an indoor patient from 24.06.2010 to 15.07.2010. Since he became mentally challenged, the injured filed his claim petition through his wife, Mrs. Salama.