Karnataka High Court
The Divisional Manager vs Smt. Laxmibai W/O. Hanumant on 25 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 101033 OF 2017 (MV-I)
C/W.
MISCELLANEOUS FIRST APPEAL NO. 100649 OF 2017
IN MFA NO.101033/2017
BETWEEN:
SMT. LAXMIBAI W/O. HANUMANT ARASHIDDI,
AGE: 56 YEARS, OCC: TAILORING (NOW NIL),
R/O: H.NO. 496/2, KANGARGI ROAD,
RAMTEERTH NAGAR, BELAGAVI.
PIN CODE: 590017.
...APPELLANT
(BY SRI. SANJAY S KATAGERI,ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THROUGH ITS DIVISIONAL OFFICER,
N.W.K.R.T.C., BELAGAVI DIVISION,
BELAGAVI. PIN CODE: 590002.
2. SHRI MAHESH S/O. YALLAPPA BALAGUTGI,
R/O: NIDAGUNDI, TQ: RON,
DIST: GADAG.
(OWNER OF TAM TAM BEARING NO. KA-37/6477)
...RESPONDENTS
(BY SRI.S. C. BHUTI, ADV. FOR R1;
SRI. ANAND R. KOLLI, ADV. FOR R2)
THE MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMETN AND AWARD DATED
09.12.2016 PASSED IN MVC NO.2481/2015 O N THE FILE OF THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER,
2
MFA No. 101033 of 2017
C/W MFA No. 100649 of 2017
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.100649/2017:
BETWEEN:
THE DIVISIONAL MANAGER,
THROUGH ITS DIVISIONAL OFFICER,
N.W.K.R.T.C., BELAGAVI DIVISION,
BELAGAVI. PIN CODE: 590002.
...APPELLANT
(BY SRI. S. C. BHUTI, ADVOCATE)
AND:
1. SMT. LAXMIBAI W/O. HANUMANT ARASHIDDI,
AGE: 56 YEARS, OCC: TAILORING (NOW NIL),
R/O: H.NO. 496/2, KANGARGI ROAD,
RAMTEERTH NAGAR, BELAGAVI.
PIN CODE: 590017.
2. SHRI MAHESH S/O. YALLAPPA BALAGUTGI,
R/O: NIDAGUNDI, TQ: RON,
DIST: GADAG.
(OWNER OF TAM TAM BEARING NO. KA-37/6477)
...RESPONDENTS
(BY SRI. SANJAY S KATAGERI, ADVOCATE, FOR R1;
SRI. ANAND R. KOLLI, ADV. FOR R2)
THE MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMETN AND AWARD DATED
09.12.2016 PASSED IN MVC NO.2481/2015 O N THE FILE OF THE XI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER,
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI,
AWARDING COMPENSATION OF RS.10,47,400/- WITH INTEREST AT
9% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.
3
MFA No. 101033 of 2017
C/W MFA No. 100649 of 2017
THESE APPEALS ARE COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE FOLLOWING:
JUDGMENT
M.F.A. No.100649/2017 is filed by the KSRTC
challenging the quantum of compensation awarded, while
M.F.A. No.101033/2017 is filed by the claimant seeking for
enhancement.
2. The admitted facts are that in an accident occurred
on 13.07.2015 when the claimant was traveling in the bus,
when the bus collided with another vehicle, as a result of
which the claimant suffered serious and grievous crush
injuries to the Right Radius, Humorous Bone to her right
elbow joint and amputation on right hand.
3. The claimant therefore preferred a claim petition
under Section 163A of the Motor Vehicles Act. The
Tribunal on assessment of the medical evidence came to
the conclusion that though the claimant had suffered 80%
disability to her right arm, for the purpose of the whole
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body it would be appropriate to consider the disability at
30%.
4. The Tribunal accordingly adopted the annual
income as indicated in the schedule and determined the
compensation. However, while determining the
compensation instead of stating that the sum payable to
the claimant would be Rs.60,000/-, an extra zero was
added and it was indicated that the claimant would be
entitled to Rs.6,00,000/-.
5. The Tribunal also awarded a sum of Rs.4,28,118/-
towards medical expenses.
6. Apart from above a sum of Rs.13,200/- towards
loss of income was awarded. Ultimately the Tribunal
awarded the following sum:
Sl. Heads Compensation
No. amount in Rs.
1. Loss of future income 6,00,000/-
2. Pain and suffering 6,000/-
3. Medical expenses 4,28,118/-
4. Loss of income during laid-up period 13,200/-
Total compensation (in rupees) 10,47,318/-
Rounded off 10,47,400/-
MFA No. 101033 of 2017
C/W MFA No. 100649 of 2017
7. It is the case of the KSRTC that the claimant
would not be entitled to a sum of Rs.6,00,000/- towards
loss of future income. Obviously, the calculation in
paragraph No.19 itself indicates that the sum total would
actually be Rs.60,000/- and not Rs.6,00,000/- which is an
obvious error.
8. As far as disability is concerned, it is not in
dispute that the claimant's right arm was amputed above
the elbow joint. The schedule to the Employees
Compensation Act, 1923 suggests that there would be
80% disability in cases of amputation below the shoulder
with stump less than 20.32 cms. However, the said
percentage cannot be made automatically applicable in
cases arising under the Motor Vehicles Act and they can at
best be an indicative guide. In my view, having regard to
the fact that the claimant's right arm was amputed above
the elbow joint, it would be appropriate to determine the
whole body disability at 50% instead of 30%.
Consequently, the claimant would be entitled to
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Rs.2,20,000/- (Rs.40,000/- X 11 X 50/100). The multiplier
of 11 is being adopted in view of the fact that the Election
Identify Card produced by the claimant, which had been
issued to her when she was 40 years and she would thus
have been 52 years as on the date of accident. However,
in the claim petition she has stated that she was 54 years.
The Tribunal has however taken into consideration the age
entered in the MLC and in the Wound Certificate to hold
that she was 60 years old. In my view, since the Election
Identity Card was issued in the year 2003 and the
claimant stated in the filed claim petition that she was 54
years, it would be appropriate to adopt the multiplier for
the age 54 years, which would be 11.
9. The learned counsel for the KSRTC contends
that as per the Schedule II, the medical expenses in
excess of Rs.15,000/- cannot be granted.
10. In response, the learned counsel for the
appellant-claimant relied a decision of the Division Bench
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C/W MFA No. 100649 of 2017
of this Court rendered in the case of Regional Manager,
New India Assurance Company Limited vs. Vijay
Balshiram Walunj and Others, reported in ILR 2012 KAR
335, in which this Court placing reliance on the Judgment
of the Hon'ble Apex Court in the case of K.S.Vasantha and
others vs. Karnataka State Road Transport Corporation,
reported in (2008) 7 SCC 613 has concluded that the
Tribunal can deviate from the structured formula in
respect of the medical expenses.
11. In that view of the matter, award of
Rs.4,28,118/- on the basis of the medical bills produced
before the Tribunal cannot be found fault with.
12. The Tribunal has also awarded a sum of
Rs.6,000/- towards grievous injuries and pain and
suffering and this being in accordance with Schedule II
and the same is affirmed. The sum of Rs.13,200/- is
awarded towards loss of income during laid up period is
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however set aside, since there is no such provision under
this structured formula.
13. Consequently, the appeal filed by the KSRTC
(MFA.No.100649/2017) is allowed in part to the extent of
the finding recording the entitlement of the claimant
regarding payment of Rs.6,00,000/- and also sums
awarded towards loss of income and the rate of interest at
9% per annum on the compensation awarded.
14. The appeal filed by the claimant
(MFA.No.101033/2017) is also allowed in part modifying
the percentage of disability of the claimant from 30% to
50%. As a net result, the claimant would be entitled to the
following sums :
For loss of future income Rs.2,20,000/-
For pain and suffering Rs.6,000/-
For medical expenses Rs.4,28,118/-
Total Rs.6,54,118/-
MFA No. 101033 of 2017
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15. The claimant is entitled for a sum of
Rs.6,54,118/- as against Rs.10,47,400/- awarded by the
Tribunal, with interest at the rate of 6% per annum
instead of 9% per annum from the date of petition till the
date of deposit.
16. The amount deposited in MFA.No.100649/2017
shall be transmitted to the Tribunal for disbursement in
terms of the award forthwith.
17. The amounts deposited by the KSRTC in excess
of the amount awarded above, shall be refunded to the
KSRTC forthwith.
Sd/-
JUDGE
SMM,CKK
