Karnataka High Court
Sri Shivakumar vs Sri Shashikanth Pangi on 22 June, 2022
Bench: Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
M.F.A.NO.5977 OF 2015 (MV-I)
BETWEEN:
SRI SHIVAKUMAR,
S/O SIDDAPPA,
AGED ABOUT 29 YEARS,
OCCUPATION: AGRICULTURIST,
R/O HIREMEGALAGERE VILLAGE,
HARIHARA TALUK,
R/O, C/O KURUVATTI SHIVAPPA,
S/O KARIBASAPPA,
AMARAVATHI VILLAGE,
HARIHAR TALUK,
DAVANAGERE DISTRICT,
PIN - 577601. ...APPELLANT
(BY SRI PRAKASH H C, ADV.)
AND:
1. SRI SHASHIKANTH PANGI,
S/O SHETTYAPPA,
AGED ABOUT 37 YEARS,
DRIVER OF KSRTC BUS
ATHANI DEPOT, ATHANI,
(BEARING NO.KA-23-F-492),
PIN -560086.
2. THE DIVISIONAL CONTROLLER,
NWKSRTC,
CHIKKODI DIVISION,
CHIKKODI, PIN - 560086.
2
3. THE MANAGING DIRECTOR,
KSRTC, SARIGE BHAVANA
K.H.ROAD,
BANGALORE, PIN - 560054.
4. THE CHAIRMAN,
KARNATAKA STATE ROAD,
TRANSPORT CORPORATION,
INTERNAL INSURANCE
CONSOLIDATED FUND
SARIGE BHAVAN
K.H.ROAD
BANGALORE, PIN - 560054. ...RESPONDENTS
(BY SRI F.S.DABALI , ADV. FOR R2 TO R4,
R1 -NOTICE DISPENSED)
----
THIS MFA IS FILED U/S 173 (1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.11.2013 PASSED IN MVC
NO.152/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MACT, HARIHAR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation challenging the judgment
and award dated 06.11.2013 in MVC No.152/2012 passed
by the Senior Civil Judge and MACT, Harihar.
2. For the sake of convenience, parties are
referred as per their ranks before the Tribunal.
3. Heard learned advocate for the appellant and
learned advocate for respondents No.2 to 4. Issuance of
the notice to respondent No.1 is dispensed with as there is
no liability on the owner/respondent No.1.
4. There is no dispute over the fact that the
claimant was a passenger in the KSRTC bus that involved
in the accident and the claimant was aged 27 years at the
time of the accident and was an agriculturist. The wound
certificate reveals that the claimant sustained a Bimalcolar
fracture of the left ankle medial side. The Tribunal has
assessed 50% disability to the whole body and by taking
notional income of Rs.45,00/- per month, awarded
compensation as under:-
Sl. Heads Amount
No.
1 Disability Rs.1,83,600/-
(Rs.54,000X17X20%)
2 Pain and suffering Rs.40,000/-
3 Medical Expenses Rs.7,893/-
4 Medical attendant charges Rs.10,000/-
and Transportation
5 Loss during laid of the Rs.18,000/-
period (4500X4)
6 Discomfort in future life Rs.20,000/-
Total Rs.2,79,493/-
5. The claimant is seeking enhancement.
6. There is no dispute over the fact that the
claimant was an in-patient for 18 days i.e., from
04.07.2010 to 21.07.2010. It is forthcoming from the
records that the claimant has undergone surgery and the
doctor was examined to prove the disability. Doctor is of
the opinion that there is 50% disability to the whole body.
There is no proof relating to the income of the claimant.
In the absence of the proof, as per the chart prepared by
the Karnataka State Service authority, a monthly income
of Rs.5500/- per annum is to be taken. Considering the
age of the claimant which is reflected in the wound
certificate, the claimant is entitled to enhancement
compensation under the head loss of income, as under.
Thus compensation under the said head would be
Rs.5,500X12X18X20%=2,37,600/- as against
Rs.1,83,600/- awarded by the Tribunal.
7. This Court is of the opinion that under the
head of pain and suffering and medical expenses, the
amount awarded by the Tribunal is just and proper and
does not require interference.
8. The Tribunal has awarded Rs.10,000/- under
the head of attendant charges and transportation.
Considering the fact that the claimant was an in-patient for
18 days, same is enhanced by Rs.8,000/- under the said
head in addition to Rs.10,000/- awarded by the Tribunal.
9. Loss of income during the laid-up period of
Rs.18,000/- awarded by the Tribunal taking income of
Rs.4,500/- per month is enhanced to Rs.22,000 taking the
income as Rs.5500/- per month.
10. The Tribunal has awarded the compensation of
Rs.20,000/- under the head of the discomfort in future life.
Considering the nature of the nature of injuries, the award
under the said head is enhanced to Rs.30,000/- as against
Rs.20,000/- awarded by the Tribunal.
11. It is also to be noted that the appellant has
filed the instant appeal after the lapse of 531 days. The
application was filed to condone the delay in filing the
appeal. This Court had allowed the application on the
condition that the appellant will not be entitled to interest
for the delayed period in the event of enhancement. The
appellant is entitled to the interest from the date of deposit
till the date of actual payment excluding the delayed
period of 531 days referred to above.
12. The claimant is entitled to compensation as
under:-
Sl. Heads Amount
No.
1 Disability Rs.2,37,600/-
(Rs.5,500X12X18X20%=2,37,600)
2 Pain and suffering Rs.40,000/-
3 Medical Expenses Rs.7,893/-
4 Medical attendant charges Rs.18,000/-
and Transportation
5 Loss during laid of the period Rs.22,000/-
(5500X4)
6 Discomfort in future life Rs.30,000/-
Total Rs.3,55,493/-
13. Hence, the following:-
ORDER
(i) Appeal is allowed in part. The impugned judgment
and award dated 06.11.2013 passed by the Senior Civil Judge
and MACT, Harihar in MVC No.152/2012 is modified.
(ii) The appellant/claimant is entitled to compensation
of Rs.3,55,493/- along with interest @ 6% p.a. from the date
of the petition till realisation after deducting the interest for 531
days.
(iii) The respondents/insurance company shall deposit
the amount after deducting the amount, if any, already paid.
(iv) In all other aspects, the award of the Tribunal is
undisturbed.
Sd/-
JUDGE
HD
