Karnataka High Court
Sri. Hanumanthappa ... vs The Divisional Controller on 28 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
M.F.A. NO.102162/2018 (MV-I)
C/w. M.F.A. NO.102163/2018 (MV-I),
M.F.A. NO.102164/2018 (MV-I),
M.F.A. NO.102165/2018 (MV-I),
M.F.A. NO.102166/2018 (MV-I)
& M.F.A. NO.102167 OF 2018 (MV-I)
In MFA No.102162/2018:
BETWEEN:
SHRI SIDDU @ SHIDDU
S/O. MALLAPPA MARINAGAMMANAVAR,
AGE 24 YEARS, OCC: COOLIE & AGRICULTURE WORK,
R/O.KAMADOD, TQ:RANEBENNUR, DIST:HAVERI
... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, HOSAPETA DIVISION,
HOSAPETA, DIST:BALLARI 583201.
...RESPONDENT
(BY SRI. PRASHANT S.HOSAMANI, ADVOCATE)
Digitally
signed by J
MAMATHA THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
J Location: 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018
MAMATHA Dharwad
Date:
2022.04.01
PASSED IN MVC NO.1539/2016 ON THE FILE OF THE PRINCIPAL
11:08:43
+0530
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
-2-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
In MFA No.102163/2018:
BETWEEN:
SRI. MADU @ MADHUKUMAR
S/O. UJJAPPA TOTAD, AGE 27 YEARS,
OCC: COOLIE, R/O.KAMADOD,
TQ:RANEBENNUR, DIST:HAVERI
... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, HOSAPETA DIVISION,
HOSAPETA, DIST:BALLARI 583201.
...RESPONDENT
(BY SRI. PRASHANT S.HOSAMANI, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018
PASSED IN MVC NO.1540/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
In MFA No.102164/2018:
BETWEEN:
SMT. GEETAMMA W/O. HANUMANTHAPPA CHATRAD,
AGE 32 YEARS, OCC: COOLIE WORK,
R/O.KAMADOD, TQ:RANEBENNUR, DIST:HAVERI
... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, HOSAPETA DIVISION,
HOSAPETA, DIST:BALLARI 583201.
...RESPONDENT
(BY SRI. PRASHANT S.HOSAMANI, ADVOCATE)
-3-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018
PASSED IN MVC NO.1541/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
In MFA No.102165/2018:
BETWEEN:
SRI. MALLIKARJUN S/O. RUDRAPPA BADIGER,
AGE 34 YEARS, OCC: COOLIE WORK,
R/O. HANUMAPUR, TQ:RANEBENNUR, DIST:HAVERI
... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, HOSAPETA DIVISION,
HOSAPETA, DIST:BALLARI 583201.
...RESPONDENT
(BY SRI. PRASHANT S.HOSAMANI, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018
PASSED IN MVC NO.1542/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
In MFA No.102166/2018:
BETWEEN:
SRI. VINAYAK S/O.DANAPPA @ DASAPPA KAMMAR,
AGE 33 YEARS, OCC: COOLIE WORK,
R/O.HANUMAPUR, TQ:RANEBENNUR, DIST:HAVERI
... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)
-4-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, HOSAPETA DIVISION,
HOSAPETA, DIST:BALLARI 583201.
...RESPONDENT
(BY SRI. PRASHANT S.HOSAMANI, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018
PASSED IN MVC NO.1543/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
In MFA No.102167/2018:
BETWEEN:
SRI. HANUMANTHAPPA S/O. RAMAPPA CHATRAD,
AGE 37 YEARS, OCC: COOLIE WORK,
R/O.HANUMAPUR, TQ:RANEBENNUR, DIST:HAVERI
... APPELLANT
(BY SRI. C.M. HOSAMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, HOSAPETA DIVISION,
HOSAPETA, DIST:BALLARI 583201.
...RESPONDENT
(BY SRI. PRASHANT S.HOSAMANI, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2018
PASSED IN MVC NO.1544/2016 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MOTOR
ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-5-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
JUDGMENT
1. These appeals are by the claimants who
have suffered grievous injuries and who are
dissatisfied with the compensation awarded by the
Tribunal.
2. The fact that the accident occurred is not
in dispute and the further the fact that the offending
vehicle was insured is also not in dispute.
3. The Tribunal has awarded the following
sums as compensation in the petitions
MFA No.102162/2018 (MVC No.1539/2016)
1. Pain and suffering Rs.40,000/-
2. Loss of amenities Rs.10,000/-
3. Loss of income during laid Rs.6,000/-
up period
4. Food, diet, nourishment & Rs.4,500/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.18,150/-
6. Loss of future earning Rs.1,29,600/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,10,250/-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
MFA No.102163/2018 (MVC No.1540/2016)
1. Pain and suffering Rs.40,000/-
2. Loss of amenities Rs.10,000/-
3. Loss of income during laid Rs.6,000/-
up period
4. Food, diet, nourishment & Rs.4,500/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,250/-
6. Loss of future earning Rs.1,29,600/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,11,350/-
MFA No.102164/2018 (MVC No.1541/2016)
1. Pain and suffering Rs.40,000/-
2. loss of amenities Rs.10,000/-
3. loss of income during laid Rs.6,000/-
up period
4. food, d iet, nourishment & Rs.5,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,250/-
6. Loss of future earning Rs.1,22,400/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,04,650/-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
MFA No.102165/2018 (MVC No.1542/2016)
1. Pain and suffering Rs.40,000/-
2. loss of amenities Rs.10,000/-
3. loss of income during laid up Rs.6,000/-
period
4. food, diet, nourishment & Rs.5,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,750/-
6. Loss of future earning Rs.1,15,200/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.1,97,950/-
MFA No.102166/2018 (MVC No.1543/2016)
1. Pain and suffering Rs.35,000/-
2. loss of amenities Rs.10,000/-
3. loss of income during laid up Rs.6,000/-
period
4. food, diet, nourishment & Rs.4,500/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.18,650/-
6. Loss of future earning Rs.1,15,200/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.1,91,350/-
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
MFA No.102167/2018 (MVC No.1544/2016)
1. Pain and suffering Rs.35,000/-
2. loss of amenities Rs.10,000/-
3. loss of income d uring laid up Rs.6,000/-
period
4. Food, diet, nourishment & Rs.5,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,150/-
6. Loss of future earning Rs.1,03,680/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.1,80,830/-
4. The Tribunal has assessed the
compensation by taking the monthly income of the
deceased at Rs.6,000/- per month, in the absence of
any documentary evidence. In such case, it would be
appropriate to adopt the monthly income as
determined by the Karnataka State Legal Services
Authority, which for the year 2015, Rs.8,000/- per
month and the same is taken in all these cases.
5. The Tribunal has assessed the disability for
the whole body at 10% in all these cases except 9%
in MFA No.102167/2018 (MVC No.1544/2018). The
said assessment is based on the medical evidence
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
and the said assessment is just and proper and does
not call for any interference.
6. Further, the Tribunal has adopted
appropriate multipliers in all these cases and the
same is affirmed .
7. Thus, the respective claimants in all these
cases would be entitled to the compensation towards
"loss of future income" as follows:
MFA No.102162/2018 (MVC No.1539/2016):
Rs.8,000/- x 12 x 18 x 10% = Rs.1,72,800/-;
MFA No.102163/2018 (MVC No.1540/2016):
Rs.8,000/- x 12 x 18 x 10% = Rs.1,72,800/-;
MFA No.102164/2018 (MVC No.1541/2016):
Rs.8,000/- x 12 x 17 x 10% = Rs.1,63,200/-;
MFA No.102165/2018 (MVC No.1542/2016):
Rs.8,000/- x 12 x 16 x 10% = Rs.1,53,600/-;
MFA No.102166/2018 (MVC No.1543/2016):
Rs.8,000/- x 12 x 16 x 10% = Rs.1,53,600/-;
- 10 -
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
MFA No.102167/2018 (MVC No.1544/2016):
Rs.8,000/- x 12 x 16 x 9% = Rs.1,38,240/-;
8. The compensation awarded by the Tribunal
towards pain and suffering , loss of amentias and
food, diet, nourishment & attendant expenses and
other incidental expenses are on the lower side and
the same needs to be enhanced to Rs.50,000/-
towards "pain and suffering", R s.30,000/- towards
"loss of amenities" and Rs.10,000/- towards "food,
diet, nourishment & attendant expenses and other
incidental expenses" in all these cases.
9. Since the monthly income of the claimants
is now determined as Rs.8,000/- and the loss of
income during laid up period is enhanced to
Rs.16,000/- (Rs.8,000/- x 2) as against Rs.6,000/-
awarded by the Tribunal considering the nature of
injuries suffered by the claimants in all these cases.
- 11 -
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
10. The compensation awarded by the Tribunal
towards medical expenses and traveling expenses are
however confirmed.
11. Thus, the claimants would be entitled to
the following compensation.
MFA No.102162/2018 (MVC No.1539/2016)
1. Pain and suffering Rs.50,000/-
2. loss of amenities Rs.30,000/-
3. loss of income d uring laid up Rs.16,000/-
period
4. food, diet, nourishment & Rs.10,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.18,150/-
6. Loss of future earning Rs.1,72,800/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,98,950/-
MFA No.102163/2018 (MVC No.1540/2016)
1. Pain and suffering Rs.50,000/-
2. loss of amenities Rs.30,000/-
3. loss of income d uring laid up Rs.16,000/-
period
4. food, diet, nourishment & Rs.10,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,250/-
6. Loss of future earning Rs.1,72,800/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.3,00,050/-
- 12 -
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
MFA No.102164/2018 (MVC No.1541/2016)
1. Pain and suffering Rs.50,000/-
2. loss of amenities Rs.30,000/-
3. loss of income during laid Rs.16,000/-
up period
4. food, d iet, nourishment & Rs.10,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,250/-
6. Loss of future earning Rs.1,63,200/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,90,450/-
MFA No.102165/2018 (MVC No.1542/2016)
1. Pain and suffering Rs.50,000/-
2. loss of amenities Rs.30,000/-
3. loss of income d uring laid up Rs.16,000/-
period
4. food, diet, nourishment & Rs.10,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,750/-
6. Loss of future earning Rs.1,53,600/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,81,350/-
- 13 -
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
MFA No.102166/2018 (MVC No.1543/2016)
1. Pain and suffering Rs.50,000/-
2. loss of amenities Rs.30,000/-
3. loss of income d uring laid up Rs.16,000/-
period
4. food, diet, nourishment & Rs.10,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.18,650/-
6. Loss of future earning Rs.1,53,600/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,80,100/-
MFA No.102167/2018 (MVC No.1544/2016)
1. Pain and suffering Rs.50,000/-
2. loss of amenities Rs.30,000/-
3. loss of income d uring laid up Rs.16,000/-
period
4. food, diet, nourishment & Rs.10,000/-
attendant expenses and
other incidental expenses
5. Medical expenses Rs.19,150/-
6. Loss of future earning Rs.1,38,240/-
capacity
7. Traveling Expenses Rs.2,000/-
TOTAL Rs.2,65,390/-
12. Accordingly, the appeals are allowed in
part. The judgment and award passed by the Tribunal
stands mod ified.
- 14 -
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
13. The respective claimant in all these
cases would be entitled to the total compensation
of Rs.298,950/- as against Rs.2,10,250/- in
MVC No.1539/2016 (MFA No.102162/2018);
Rs.3,00,050/- as against Rs.2,11,350/- in
MVC No.1540/2016 (MFA No.102163/2018);
Rs.2,90,450/- as against Rs.2,04,650/- in
MVC No.1541/2016 (MFA No.102164/2018);
Rs.2,81,350/- as against Rs.1,97,950/- in
MVC No.1542/2016 (MFA No.102165/2018);
Rs.2,80,100/- as against Rs.1,91,350/- in
MVC No.1543/2016 (MFA No.102166/2018);
Rs.2,65,390/- as against Rs.1,80,830/- in
MVC No.1544/2016 (MFA No.102167/2018) as
awarded by the Tribunal along with interest at
the rate of 6% p.a. as against 7% p.a. as
awarded by the Tribunal from the date of
petitions till realization respectively.
- 15 -
MFA No. 102162/2018
C/w. MFA Nos.102163 of 2018,
102164 of 2018, 102165 of 2018,
102166 of 2018 & 102167 of 2018
14. The Insurance Company is directed to
deposit the entire compensation amount along
with interest excluding the amount in deposit, if
any, within a period of six weeks from the date of
receipt of a certified copy of this judgment before
the Tribunal for disbursement to the claimant.
Sd/-
JUDGE
Vnp*
