Karnataka High Court
Pandurang S/O Ganapati Bargule vs The Divisional Controller on 11 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11 T H DAY OF MARCH, 2022
BEFORE
THE HON 'BLE MR.JUSTICE N .S.SANJAY GOWDA
M.F.A.No.101961/2016 (MV)
BETWEEN:
PANDURANG S/O GANAPATI BARGULE,
AGE: 35 YEARS, OCC: NIL AT PRESENT,
R/O: KAKTI-591113,
TQ and DIST: BELAGAVI. ... APPELLANT
(BY SMT.SUNANDA P.PATIL, ADV.)
AND:
THE DIVISIONAL CONTROLLER
MSRTC, SANGLI-416416,
MAHARASTRA STATE,
(OWNER and INSURER OF MSRTC BUS
NO.MH-12/CH-7891). ... RESPONDENT
(BY SHRI C.V.ANGADI, ADV.)
THIS MFA FILED U/S 173(1) OF MV ACT, 1988, AGAINST
THE JUDGMENT AND AWARD DATED:13.04.2016 PASSED IN
MVC NO.369/2013 ON THE FILE OF THE II ADDITIONAL
DISTRICT JUDGE, BELAGAVI, 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:
:2:
JUDGMENT
Being dissatisfied with the award of Rs.6,48,000/-,
the present appeal is preferred by the injured claimant.
2. The occurrence of the accident is not in
dispute and so also the liability of KSRTC to pay the
compensation is not in dispute.
3. The medical evidence on record indicates that
the claimant suffered the following injuries:
i) Malunited communited fracture of upper
end of right tibia with IA extension,
ii) Malunited communited fracture lower
1/3rd shaft of right tibia,
iii) Malunited segmental fracture of right
fibula,
i.e., the petitioner has sustained in all 3
fracture injuries which is also supported
by the X Ray Report issued by Shreyas
Diagnostic Centre.
and was hospitalized for 1 month and 28 days and had
spent a sum of Rs.3,11,327.90/- towards his
hospitalization charges.
4. The Orthopedic surgeon who was examined
had stated that the claimant had suffered 70% disability in
respect of the right lower limb. The Tribunal has found it
fit to consider the whole body disability at 20%. In my
view, having regard to the age of the claimant, his
occupation, i.e., a mason and the 3 fractures sustained by
him, it would be appropriate to consider the whole body
disability at 30% instead of 20%.
5. The Tribunal has taken the monthly income of
the claimant at Rs.6,000/-. As per the income determined
by the Karnataka State Legal Services Authority, in
respect of the accident of the year 2013, the monthly
income of the victim is to be considered as Rs.7,000/- in
the absence of any documentary evidence. Consequently,
I hold that the income of the claimant was Rs.7,000/-
p.m.
6. It has been found that the claimant was aged
38-39 years and the proper multiplier of 15 has been
adopted. In the result, the claimant would be entitled to a
sum of Rs.3,78,000/- (Rs.7,000X12X15X30%) towards
loss of future income as against a sum of Rs.2,16,000/-
awarded by the Tribunal.
7. The Tribunal has awarded a sum of
Rs.50,000/- towards pain and suffering. Having regard to
the fact that the claimant had suffered 3 fractures and one
grievous injury, it would be appropriate to enhance the
said sum of Rs.75,000/-.
8. The medical expenses of Rs.3,11,327/-
awarded by the Tribunal is maintained, since it is based on
documentary evidence.
9. As the monthly income of the claimant is taken
as Rs.7,000/-, the claimant would be entitled to a sum of
Rs.7,000X5=Rs.35,000/-.
10. The sum of Rs.10,000/- awarded towards
conveyance and special diet is enhanced to a sum of
Rs.25,000/- since the evidence on record indicates that
the claimant was hospitalized for nearly two months.
11. The future medical expenses of Rs.10,000/- is
maintained.
12. Hence, the claimant is entitled to the modified
award which reads as under:
Sl. Heads Modified Award
No.
1 Towards loss of future earnings
(Rs.7,000X12X15X30%) Rs. 3,78,000/-
2 Towards pain and suffering Rs. 75,000/-
3 Towards medical expenses Rs. 3,11,327/-
4 Towards incidental and
attendant charges Rs. 20,000/-
5 Towards conveyance and special
diet Rs. 25,000/-
6 Towards loss of income during
laid up period Rs. 35,000/-
7 Towards future medical bills Rs. 10,000/-
Total Rs. 8,54,327/-
13. Thus, the claimant is entitled for total
compensation of Rs.8,54,327/- as against the sum of
Rs.6,47,327/- awarded by the Tribunal.
14. In view of the above, I pass the following:
ORDER
(i) The appeal is allowed in part,
(ii) The Judgment and Award dated
13.04.2016 passed in MVC
No.369/2013, on the file of the II
Addl. District Judge, Belagavi, is
hereby modified. The claimant is
entitled to a total compensation of
Rs.8,54,327/- as against the sum
of Rs.2,07,000/- awarded by the
Tribunal. The enhanced
compensation of Rs.2,07,000/-
shall carry interest @ 6% p.a. from
the date of claim petition till the
date of deposit,
(iii) The respondent/Insurance
Company is directed to deposit the
enhanced compensation after
deducting the compensation
already paid along with interest
before the Tribunal within a period
of 90 days from the date of receipt
of certified copy of this judgment,
(iv) The amount awarded shall be
disbursed in the same terms as
that imposed by the Tribunal.
(Sd/-)
JUDGE
Jm/-
