Karnataka High Court
Vinayak L Desai vs M. Rangaraju on 15 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
M.F.A.No.1224/2011 (MV)
BETWEEN:
VINAYAK L. DESAI
S/O. LATE LAKSHAMANA RAO DESAI
57 YEARS,
OCC: RETIRED EMPLOYEE
R/AT. NO.5, AMARAJYOTHI LAYOUT,
R. T. NAGAR POST,
BANGALORE - 560 032
BY LRS
NIRMALA DESAI
W/O LATE VINAYAKA DESAI
AGED ABOUT 64 YEARS
R/O. NO.5, 'SAI RAM'
AMARAJYOTHI LAYOUT
R.T. NAGAR
BENGALURU - 560 032
...APPELLANT
(BY SRI. UMESH MOOLIMANI, ADV. FOR
SRI. S.V. PRAKASH, ADV.)
2
AND:
1. M. RANGARAJU
S/O.MUTHYALA RAJ
57 YEARS
OWNER OF THE OFFENDING VEHICLE
D.NO.91, 70TH CROSS,
5TH BLOCK,
RAJAJINAGAR,
BANGALORE - 560 010
2. M/S. ORIENTAL INSURANCE CO. LTD.
REP. BY ITS BRANCH MANAGER
NO.5, 80 FEET ROAD,
7TH MAIN, 3RD BLOCK,
NEAR BTS KALYANA MANTAPA
KORAMANGALA,
BANGALORE - 34
3. THE MANAGER
NWKRTC,
BELGAUM DEPOT
BELGAUM
4. THE DIVISIONAL MANAGER
BELGAUM,
INTERNAL SECURITY FUND
BELGAUM DEPOT
NWKRTC,
BELGUAM
...RESPONDENTS
(BY SRI. C.R. RAVISHANKAR, ADV. FOR R2;
SRI. H.R. RENUKA, ADV. FOR R3 AND R4;
R1 - NOTICE IS HELD SUFFICIENT
V/O DATED 11.06.2014)
3
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 30.10.2010 PASSED
IN MVC NO.150/2007 ON THE FILE OF THE II ADDL.
SENIOR CIVIL JUDGE AND VI ADDL. MACT, DAVANAGERE,
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MFA COMING ON FOR 'FINAL HEARING'
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal at the instance of the claimant
seeking enhancement of compensation awarded by the
judgment and award dated 30.10.2010 in
M.V.C.No.150/2007 by the II Additional Senior Civil Judge
and VI Additional MACT, Davanagere.
2. The allegation in the claim petition is that on
07.08.2006 at about 3.30 a.m., while the claimant
/appellant was traveling in a bus being plied by NWKRTC
under contract with a private owner and insured with
M/s.Oriental Insurance Company Ltd., on account of a
motor vehicle accident, he suffered fracture in the leg.
3. The records disclose that in a companion
appeal namely M.F.A.No.3905/2011 disposed of on
10.04.2012, this Court has already held that the liability to
pay the compensation is on respondent No.2 - M/s.Oriental
Insurance Company Ltd.
4. In view of the narrow scope of the controversy
in this appeal, it is not necessary to refer to the facts of
the case in any detail, which has infact been dealt with
adequately in the judgment and award under challenge
before this Court.
5. Learned counsel for the appellant/claimant
made a grievance that claimant had to avail leave for a
period of 310 days and therefore, the loss of leave
encashment awarded at Rs.59,410/- by the learned MACT
is highly inadequate and the compensation under the said
head is required to be enhanced. He also submitted that
the future medical expenses of Rs.14,000/- awarded by
the learned MACT is also on the lower side and the same is
required to be enhanced.
6. Learned counsel appearing for
respondent No.2 - M/s. Oriental Insurance Company, per
contra, submitted that the learned MACT in a well
reasoned judgment has dealt with each and every aspect
of the evidence and has awarded compensation, which is
just and reasonable in the facts and circumstances of this
case and therefore, no enhancement in the compensation
awarded is called for and there is no merit in the appeal
and the same is liable to be dismissed.
7. I have carefully perused the records and also
given my anxious consideration to the submissions made
on both sides.
8. Ex.P9 is the wound certificate and Ex.P105 is
the disability certificate issued by an Orthopedic
Surgeon - PW.3. Ex.P9 discloses that the claimant had
suffered segmental fracture of left tibia and comminuted
fracture of middle 1/3rd of left clavicle. In that view of the
matter, the compensation awarded by the learned Tribunal
for the pain and sufferings, loss of amenities of life,
conveyance and incidental charges are adequate and just
and no enhancement under the said head is called for.
Insofar as medical expenses, food and nourishment is
concerned, learned Tribunal has awarded Rs.30,000/- and
having regard to the fact that the appellant was an
employee of Cotton Corporation of India and had availed
reimbursement of the medical expenses, no enhancement
under the said head of compensation is also called for
either. Insofar as loss of leave encashment is concerned,
learned Tribunal has awarded Rs.59,410/-. The learned
Tribunal after careful consideration of the evidence placed
before it, has taken the monthly salary of the claimant/
appellant at Rs.23,764/-. On the materials produced, the
said finding of the learned Tribunal cannot be faulted at all.
However, in view of the nature of the fractures suffered
namely the segmental fracture of the left tibia, the
appellant would have taken at least four months leave
from the organization in order to recuperate himself.
9. Therefore, under the head of loss of leave
encashment or loss of income during laid up period at
Rs.95,056/- (Rs.23,764/- X 4) is required to be awarded
instead of Rs.59,410/- as made by the learned MACT.
10. In regard to the future medical expenses, the
grievance made by the learned counsel for the appellant is
that Rs.14,000/- awarded by the learned MACT under the
said head is inadequate. In this behalf, he places reliance
on the evidence of PW.3, which is only to the effect that
the appellant requires a future surgery for removal of the
implant. However, PW.3 has not stated about the likely
expenses that the appellant may have to incur for such a
surgery.
11. Therefore, taking into consideration the fact
that the accident is of the year 2006, the learned MACT
has awarded a reasonable sum of Rs.14,000/- towards
future medical expenses and in the absence of any
materials produced by the appellant in this behalf, the
same cannot be said to be unjust or unreasonable.
Therefore, the same is confirmed.
12. In the view as above, the appellant/ claimant
is entitled to an enhanced compensation of
Rs.35,646/- (Rs.95,056/- - Rs.59,410/-) with interest
thereon at 6% p.a., from the date of petition till the date
of payment.
13. The compensation is liable to be paid by
respondent No.2 - Insurance Company as already held by
this Court in M.F.A.No.3905/2011 by the judgment dated
10.04.2012. The appeal is allowed to the said extent.
14. Respondent No.2 - Insurance Company to
deposit the entire award amount including the enhanced
compensation with interest thereon, within four weeks
from the date of receipt of the certified copy of this
judgment.
Registry is directed to transmit the records to the
learned MACT, forthwith.
Sd/-
JUDGE
KG
