Karnataka High Court
Smt Lakshmamma vs Ksrtc on 30 August, 2023
Bench: M.I.Arun
-1-
NC: 2023:KHC:31147
MFA No. 1585 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS FIRST APPEAL NO.1585 OF 2022(MV-I)
BETWEEN:
SMT. LAKSHMAMMA,
W/O JAYARAM,
AGED ABOUT 55 YEARS,
TAILOR WORK, NOW NIL
R/O 7TH CROSS, RING ROAD,
SHANTHINAGARA,
DAVANAGERE - 577 002.
...APPELLANT
(BY SRI. SREE HARSHA A.K., ADVOCATE)
AND:
1. KSRTC,
REP. BY MANAGING DIRECTOR,
BUS BEARING REG. NO.
KA-29/F-1297,
DAVANAGERE - 577 002.
Digitally
signed by V
MANJUSHA
BAI 2. THE CHAIRMAN,
Location: High INTERNAL SECRETARY FUND,
Court of
Karnataka K.H. ROAD, BANGALORE - 560 027.
3. THE DIVISIONAL CONTROLLER,
KSRTC BAGALKOT DEPOT,
BAGALKOT - 587 101.
...RESPONDENTS
(BY SRI. NAGARAJA K., ADVOCATE FOR R1 TO R3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.10.2018 PASSED IN MVC
NO. 139/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
-2-
NC: 2023:KHC:31147
MFA No. 1585 of 2022
JUDGE MEMBER, MACT-IV, DAVANAGERE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Aggrieved by the judgment and award dated
17.10.2018 passed in MVC No.139/2017 by the Court of
the Principal Senior Civil Judge and MACT-IV at Davangere
(for short 'the Tribunal'), the petitioner therein has
preferred this appeal.
2. For the sake of convenience, the parties are referred
to herein as per their status before the Tribunal.
3. Brief facts of the case are as follows:
On 17.04.2016, the petitioner was traveling in a Bus
bearing Reg.No.KA-29-F-1297 belonging to respondent
No.1. Due to rash and negligent driving, the Bus met with
an accident between Harihara and Mudhol when it dashed
against a tree, because of which, the petitioner suffered
the following injuries:-
NC: 2023:KHC:31147
MFA No. 1585 of 2022
"Open fracture of right femur, comminuted
fracture of right proximal tibia, open fracture of
distal phalanx of right 2nd toe, soft tissue injury
of left leg and face and injuries to the other parts
of the body."
Thereby, the petitioner has sustained 25% whole
body disability. The Tribunal has awarded a compensation
of Rs.7,03,620/- along with interest at 8% p.a. from the
date of accident till the date of realization. Not satisfied by
the same, the present appeal is filed by the petitioner.
4. Admittedly the petitioner has suffered 25% whole body
disability due to the accident. The liability of respondent
No.1 is not in dispute.
5. The petitioner has failed to prove her income before
the Tribunal. Hence, her income is determined as per the
chart prepared by the Karnataka State Legal Services
Authority at Rs.9,500/- p.m. as the accident was of the
year 2016.
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MFA No. 1585 of 2022
6. Taking the income of the petitioner at Rs.9,500/- per
month, her age being 51 years at the time of accident, the
multiplier of '11' is applicable and the disability to the
whole body at 25%, the petitioner would be entitled to a
sum of Rs.3,13,500/- (9,500x12x11x25%) towards 'loss
of future income' as against Rs.2,97,000/- awarded by the
Tribunal.
7. Towards medical expenses based on actual bills, a
sum of Rs.1,53,620/- is awarded. Towards food,
nourishment, conveyance and attendant charges a sum of
Rs.30,000/- is awarded. Towards traveling expenses, a
sum of Rs.59,000/- is awarded. Towards future medical
expenses, a sum of Rs.30,000/- is awarded. Given the
nature of injuries, I deem the same to be appropriate.
8. Towards pain and suffering a sum of Rs.60,000/- is
awarded. Given the nature of injuries, I deem it
appropriate to enhance it to Rs.70,000/-. Towards loss of
amenities, a sum of Rs.20,000/- is awarded. Given the
NC: 2023:KHC:31147
MFA No. 1585 of 2022
nature of injuries, I deem it appropriate to enhance it to
Rs.40,000/-.
9. Towards loss of income during laid up period, a sum
of Rs.54,000/- is awarded. Given the nature of injuries, 6
months has to be considered as the laid up period and
taking the income at Rs.9,500/- p.m. a sum of
Rs.57,000/- is hereby awarded.
10. Thus, the petitioner is entitled to a total
compensation of Rs.7,53,120/- as against Rs.7,03,620/-
awarded by the Tribunal. Accordingly, the petitioner is
entitled to an enhanced compensation of Rs.49,500/-
(Rs.7,53,120/- minus Rs.7,03,620/-).
11. Given the bank rate of interest, I deem it appropriate
to award interest at the rate of 6% p.a. on the enhanced
compensation from the date of petition till realization.
Hence, the following:
ORDER
(i) The appeal is allowed in part;
NC: 2023:KHC:31147
MFA No. 1585 of 2022
(ii) The petitioner is entitled to an enhanced
compensation of Rs.49,500/- along with
interest at the rate of 6% p.a. from the
date of petition before the Tribunal till
realization which shall be over and above
what has been awarded by the Tribunal;
However the petitioner is not entitled to
interest for the delayed period of 770 days
in filing the appeal.
(iii) Respondent No.2 shall pay the enhanced
compensation within a period of six weeks
from the date of receipt of the certified
copy of the judgment and order;
(iv) Office to draw modified award accordingly;
SD/-
JUDGE
MH/-
CT:SNN
