The Managing Director vs Smt. Sunandamma
2022 Latest Caselaw 10633 Kant

                           1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU


         DATED THIS THE 11TH DAY OF JULY, 2022

                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

 MISCELLANEOUS FIRST APPEAL NO.6744 OF 2016 (MV)
                      C/W.
 MISCELLANEOUS FIRST APPEAL NO.1507 OF 2016 (MV)


IN MFA NO.6744/2016

BETWEEN:

SMT.SUNANDAMMA
W/O.MURALI
AGED ABOUT 34 YEARS
R/AT.AVANI MULBAGAL TALUK
KOLAR DISTRICT - 25.
                                          ...APPELLANT
(BY SRI. MAHADEVA SWAMY.P., ADVOCATE)

AND:

THE MANAGING DIRECTOR
KSRTC, DOUBLE ROAD
SHANTHI NAGAR
BANGALORE - 560 027.
                                      ... RESPONDENT
(BY SMT.SUMANGALA A.SWAMY, ADVOCATE)

       THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT    AGAINST THE JUDGMENT AND AWARD DATED
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29.10.2015 PASSED IN MVC NO.5150/2014 ON THE FILE
OF THE 13TH ADDITIONAL SMALL CAUSE JUDGE &
MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

IN MFA NO.1507/2016

BETWEEN:

THE MANAGING DIRECTOR
KSRTC, DOUBLE ROAD
SHANTHI NAGAR
BENGALURU
REPRESENTED BY ITS CHIEF LAW OFFICER
K.H.ROAD, SHANTHINAGAR
BANGALORE - 560 027
                                        ...APPELLANT
(BY SMT.SUMANGALA A.SWAMY, ADVOCATE)

AND:


SMT.SUNANDAMMA
W/O.MURALI
AGED ABOUT 39 YEARS
R/AT.AVANI MULBAGAL TALUK
KOLAR DISTRICT - 563 131.
                                  ... RESPONDENT

(BY SRI. MAHADEVA SWAMY.P., ADVOCATE)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
29.10.2015 PASSED IN MVC NO.5150/2014 ON THE FILE
OF THE XIII ADDITIONAL SMALL CAUSE JUDGE, MEMBER,
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MACT, COURT    OF    SMALL CAUSES, BENGALURU,
AWARDING COMPENSATION OF RS.2,85,200/- WITH
INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL
REALIZATION.


     THESE MFAs ARE COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

Heard the learned counsel appearing for the

appellant - claimant and the learned counsel

appearing for the respondent - Corporation in MFA

No.6744/2016 and also learned counsel appearing for

the appellant-Corporation and the learned counsel

appearing for the respondent- claimant in

MFA No.1507/2016.

2. These two appeals are arising from the

judgment and award dated 29.10.2015 passed in MFA

No.5150/2014 on the file of Motor Accident Claims

Tribunal, Court of Small Causes at Bengaluru.

3. The brief facts of the case are as under:-

On 29.04.2014 at about 8.00 a.m. the claimant

was the inmate of the KSRTC bus bearing registration

No.KA-07 F-1596 proceeding from Dharmasthala

towards Hassan. When the bus reached Madivala

Chadava, Dharmastala Village, the bus driver drove it

at high speed in a rash and negligent manner.

Because of this, he lost control over the bus and the

bus turtled down on the left roadside. As a result, the

accident took place and the claimant suffered injuries

along with other inmates of the bus. Hence, the

claimant is in an appeal seeking enhancement of

compensation on the ground that the award of

compensation of Rs.2,85,200/- (Rupees Two Lakhs

Eighty-Five Thousand Two Hundred only) in her favour

along with interest at the rate of 9% p.a. is on the

lower side and respondent - Corporation is also in

appeal on the ground that the award of affirmation of

compensation is on the higher side.

4. This Court has considered the rival

contentions and also materials on record.

5. In terms of the order dated 15.9.2018, this

Court had directed the learned Additional Government

Advocate to secure the records relating to the status

of the claimant - Smt. Sunandamma i.e., relating to

her employment. The concerned Department where

the claimant is working has furnished the details

stating that the claimant - Smt. Sunandamma is

drawing a sum of Rs.12,000/- per month (Rupees

Twelve Thousand only) as an honorarium. The

document dated 28.06.2022 produced by the learned

Government Advocate would demonstrate that the

claimant has continued in service.

6. From this document, it is apparent that the

claimant has not suffered any functional disability.

Under the circumstances, the compensation of

Rs.1,15,200/- awarded by the Tribunal under the head

'loss of future earning' has to be set aside.

7. Insofar as compensation awarded by the

Tribunal under other heads, though learned counsel

appearing for the appellant-Corporation would

contend that the compensation awarded in favour of

the claimant is on the higher side, since the claimant

has suffered 10% physical disability to the whole body

and 29% disability to the right upper limb and also

considering the fact that the claimant was inpatient

for 29 days, the compensation awarded by the

Tribunal under the other heads is to be retained as

there is no scope for reduction.

8. Therefore, the compensation of

Rs.1,15,200/- awarded by the Tribunal under the head

'loss of future earning' is set aside. Thus, the claimant

is entitled for total compensation of Rs.1,70,000/- i.e.,

after deducting a sum of Rs.1,15,200/- which is

awarded towards 'loss of future earning'.

9. It is also noticed that the Tribunal has

awarded interest at the rate of 9% per annum. This

Court is consistently awarding 6% interest on the

compensation awarded. Accordingly, the

compensation determined by this Court shall carry

interest at the rate of 6% per annum from the date of

petition till the date of payment.

10. For the aforesaid reasons, MFA

No.1507/2016 filed by the Corporation is allowed in

part, while MFA No.6744/2016 filed by the claimant is

dismissed. The claimant is entitled to compensation

of Rs.1,70,000.00 along with interest @ 6% p.a., from

the date of the petition till the date of payment.

11. The amount in deposit shall be transmitted

to the jurisdictional Tribunal.

Sd/-

JUDGE

VMB