Karnataka High Court
Rekha Gadigeppa Chakrasali vs Managing Director on 11 August, 2022
Bench: H.P.Sandesh
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MFA No. 22464 of 2011
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 22464 OF 2011 (MV-I)
BETWEEN:
1. REKHA GADIGEPPA CHAKRASALI
D/O GADIGEPPA CHAKRASALI
AGED ABOUT 27 YEARS,
NOW R/O 20/26, 2ND MAIN,
2ND BLOCK,R.T. NAGAR, BANGALORE
...APPELLANT
(BY SRI. S G KADADAKATTI, ADV.)
AND:
1. MANAGING DIRECTOR
NORTH WEST KSRTC,CENTRAL OFFICE, GOKUL
ROAD,HUBLI
2. DIVISIONAL CONTROLLER
KSRTC, HUBLI ROAD, SIRSI,
...RESPONDENTS
(BY
Digitally signed by SRI. M K SOUDAGAR, ADV. FOR R1 & R2)
J MAMATHA
J Location: Dharwad
MAMATHA Date: 2022.08.16
THIS MFA FILED U/SEC.173(1) OF M.V. ACT, AGAINST
12:51:06 +0530
THE JUDGMENT AND AWARD DATED:10.11.2010, PASSED IN
M.V.C. NO.139/2008 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT SIRSI AT SIRSI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY.
THE COURT DELIVERED THE FOLLOWING.
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MFA No. 22464 of 2011
JUDGMENT
Though this matter is listed for admission, with the
consent of learned counsel appearing for the parties, the
matter is taken up for final disposal.
2. The factual matrix of the case of the claimant
before the Tribunal is that on 06.08.2007, when the claimant
was traveling in the bus bearing registration No.KA-31/F-361
from Banavasi to Bengaluru, near Benachegere gate on
N.H.206, the driver of the said vehicle drove the same in a rash
and negligent manner and dashed to the truck. As a result of
the same, the claimant/appellant sustained injuries.
Immediately she was shifted to NIMHANS Hospital, Bengaluru,
for treatment and from there she was shifted to Sumathi
Nursing and Maternity Home, Bengaluru, for further treatment.
She was treated as an in patient from 07.08.2007 to
13.08.2007 and spent a sum of Rs.95,000/- towards medical
expenses. It was the claim of the claimant before the Tribunal
that prior to the accident, the claimant was an employee and
earning more than Rs.24,000/- per month and maintaining her
family. Due to the accident, the appellant has suffered loss of
income and also disfiguration of her face. Hence, the claimant
MFA No. 22464 of 2011
filed claim petition before the Tribunal seeking for
compensation.
3. In support of her claim, the claimant got examined
herself as PW-1 and got marked documents Ex.P.1 to Ex.P.40.
On the other hand, respondents examined one witness as RW-1
and got marked one document as Ex.R.1. The Tribunal after
assessing both oral and documentary evidence allowed the
claim petition awarding compensation of Rs.1,24,500/- with
interest at the rate of 6% p.a. Being aggrieved by the
judgment and award, the claimant has filed the present appeal.
4. Learned counsel for the appellant vehemently
contends that the Tribunal committed error in awarding only a
sum of Rs.56,500/- towards medical expenses when the
appellant had produced evidence to demonstrate that she has
spent more than Rs.90,000/-. He further contends that the
Tribunal committed grave error in awarding a sum of
Rs.50,000/- towards pain and suffering when the appellant had
suffered fracture injury on her nasal bone and left zygomatic
bone. Due to fracture injury to zygomatic bone, the appellant
cannot chew the food and she is also suffering from severe
MFA No. 22464 of 2011
headache. Hence, he submits that the impugned judgment and
award of the Tribunal calls for interference.
5. Learned counsel appearing for the
respondent/NWKRTC supporting the judgment and award of the
Tribunal submits that the amount awarded by the Tribunal
under all heads is on the higher side and does not call for any
interference.
6. Having heard the learned counsel appearing for the
parties and also on perusal of the material available on record,
it is seen that the appellant has sustained head injury,
depressions fracture of nasal bones, dislocation of left zygoma
and fracture of frontal sinuses. Having taken into consideration
the above mentioned injuries, the Tribunal has awarded a sum
of Rs.50,000/- towards pain and agony and the same is just
and reasonable.
7. The Tribunal has awarded compensation of
Rs.10,000/- towards loss of income which appears to be on the
lower side. Having regard to the injuries suffered by the
claimant, the same is enhanced to Rs.30,000/- taking the
MFA No. 22464 of 2011
monthly income of the appellant at Rs.10,000/- per month as
determined by the Tribunal.
8. The amount of Rs.56,500/- awarded towards
medical expenses is based on the bills produced and the same
does not require any interference.
9. The injured was admitted in the hospital as an
inpatient for a period of 10 days and the Tribunal has awarded
a sum of Rs.8,000/- towards attendant and nourishment
charges. Taking note of the fact that the accident is of the year
2007, the same is just and reasonable.
10. However, the Tribunal has not awarded any amount
towards loss of amenities. Having regard to the fact that the
claimant has to lead rest of her life with disability and
disfiguration of her face, it would be appropriate to award a
sum of Rs.30,000/- under the said head.
11. In all, the claimant is entitled to total compensation
of Rs.1,74,500/- as against the sum of Rs.1,24,500/- awarded
by the Tribunal.
MFA No. 22464 of 2011
12. In view of the above discussions, I pass the
following:
ORDER
i) The appeal is allowed in part,
ii) The judgment and award dated 10.11.2010 passed
by the Fast Track Court, Sirsi, in
M.V.C.No.139/2008 stands modified.
iii) The claimant is entitled to total compensation of
Rs.1,74,500/- as against a sum of Rs.1,24,500/-
awarded by the Tribunal.
iv) The enhanced compensation shall carry interest at
the rate of 6% p.a. from the date of petition till
realization.
v) The order of the Tribunal with regard to deposit and
release of the amount is undisturbed.
vi) The Insurance Company is directed to pay the
difference amount within six weeks.
vii) The registry is directed to send back the TCR
forthwith.
(Sd/-)
JUDGE
JM
