Karnataka High Court
Pramod Kumar G C vs Managing Director/Division ... on 15 December, 2023
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NC: 2023:KHC:45805
MFA No. 4692 of 2019
C/W MFA.CROB No. 51 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.4692 OF 2019(MV-I)
C/W
MFA CROSS OBJECTION NO. 51 OF 2022(MV-I)
IN MFA NO. 4692/2019
BETWEEN:
PRAMOD KUMAR G.C.,
S/O CHIKKA BORAIAH G.N.,
AGED ABOUT 23 YEARS,
R/AT S. HONNAIAH BADAVANE,
MANDYA CITY - 571 405.
...APPELLANT
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
Digitally AND:
signed by JAI
JYOTHI J
Location: MANAGING DIRECTOR/DIVISION CONTROLLER,
HIGH COURT
OF OWNER OF KSRTC, R/P BY
KARNATAKA DEPOT MANAGER, KSRTC BUS STAND,
BESIDE M.C. ROAD,
MADDUR,
MANDYA DISTRICT - 571 421.
...RESPONDENT
(BY SRI. N. KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:31.10.18 PASSED IN MVC
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MFA No. 4692 of 2019
C/W MFA.CROB No. 51 of 2022
NO.118/16 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE &
CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN MFA. CROB NO.51/2022
BETWEEN:
THE MANAGING DIRECTOR
KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
BUS STAND BESIDE MC ROAD,
MADDURU.
NOW REPT. BY
BENGALURU CENTRAL OFFICE,
SARIGE BHAVANA, K.H. ROAD,
SHANTHINAGAR,
BENGALURU - 560 027.
REPRESENTED BY ITS CHIEF LAW OFFICER.
...CROSS OBJECTOR
(BY SRI. N. KUMAR, ADVOCATE)
AND:
PRAMOD KUMAR G.C.,
S/O CHIKKA BORAIAH G.N.,
AGED ABOUT 25 YEARS,
R/AT S. HONNAIAH BADAVANE,
MANDYA CITY - 571 405.
...RESPONDENT
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
THIS MFA CROB IS FILED U/O.41 RULE 22 R/W
SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
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MFA No. 4692 of 2019
C/W MFA.CROB No. 51 of 2022
DATED:31.10.18 PASSED IN MVC NO.118/16 ON THE FILE OF
THE PRL. SENIOR CIVIL JUDGE & MACT, MANDYA, AWARDING
COMPENSATION OF RS.4,54,000/- WITH INTEREST AT 6
PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF
DEPOSIT.
THIS MFA AND MFA.CROB, COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.118/2016
dated 31.10.2018, the claimant is before this Court. The
KSRTC has filed MFA Crob. No.51/2022. The claim petition is
filed seeking compensation of an amount of Rs.33,00,000/- for
the injuries sustained by the claimant in the motor vehicle
accident. The Court below had granted an amount of
Rs.4,54,000/-.
2. It is the case of the claimant that on 06.01.2016 at
about 8.15 p.m. when the claimant was traveling as a pillion
rider along with his friends in a motor cycle, the KSRTC Bus
driven by its driver came from back side in a rash and negligent
manner in high speed and dashed to the motor cycle. He had
sustained grievous injuries and the vehicle was damaged. As
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per the discharge summary, it reveals that the claimant was
diagnosed with shaft tissue injury on the left thigh and fracture
of shaft tibia left mid 1/3rd. He was inpatient from 06.01.2016
to 16.01.2016 and he has also undergone surgery and medical
procedure for wound debridement and evacuation of
Haematoma. It is the case of the claimant that he was earning
an amount of Rs.30,000/- per month and working as a Painter
and Court below had taken income at Rs.7,500/- per month
and under the head pain and sufferings granting an amount of
Rs.70,000/-, medical expenses 54,855/-, food, nourishment,
attendant and conveyance an amount of Rs.10,000/-, loss of
income during laid up period for four months Rs.30,000/-,
towards loss of amenities an amount of Rs.30,000/- and
towards permanent disability as the doctor has deposed 48% to
the left lower limb and Court below had taken 1/3rd of the same
i.e., 16% and applying the relevant multiplier, the Court below
had granted an amount of Rs.2,59,200/-. All together, an
amount of Rs.4,54,000/- was awarded.
3. Learned counsel appearing for the claimant submits
that the Court below had taken income at 7,500/- which is on
the lower side and accident had taken place in the year 2016.
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He was working as a Painter. Even under the other heads also
the compensation awarded by the Court below was not just and
reasonable.
4. Learned counsel for the KSRTC submits that as per
medical evidence, claimant was the rider of the motorcycle and
was under the influence of alcohol and he was charge sheeted
for triple riding. In such case, the Court below ought to have
held that there is contributory negligence on the part of the
rider of the vehicle and that aspect is not at all considered by
the Court below. He further submits that for one injury
sustained by the claimant, the Court below had granted
compensation of Rs.70,000/- under the head of pain and
sufferings, which is on the higher side. He also submits that
the disability considered by the Court below and the
compensation awarded under other heads are also on the
higher side. He submits that no enhancement can be granted
by this Court and in fact, compensation awarded by the Court
below has to be reduced by attributing contributory negligence
on the part of the rider of the vehicle.
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5. Having heard the learned counsels on either side,
perused the entire material on record.
6. In this case, no doubt as per medical record, the
deceased was under the influence of alcohol and there was
triple riding. Just because there was triple riding and the
claimant was under the influence of alcohol just like that Court
cannot fix contributory negligence on the rider of the vehicle.
The RTC has not even taken minimum steps to examine the
driver to elicit how the accident had taken place and without
adducing any evidence they cannot ask to fix the contributory
negligence. Hence this Court finds no reason to interfere with
the award passed by the Tribunal where the liability is fixed on
the KSRTC by holding that the driver of the KSRTC alone is
negligent.
7. Then coming to the compensation, the accident is of
the year 2016 and the Court below had taken Rs.7,500/- per
month. As rightly argued by the learned counsel for the
claimant, considering the year of accident, this Court is inclined
to take notional income of the claimant at Rs.9,500/- per
month. It is the evidence of the doctor that there is disability
of 48% to the whole body and 1/3rd of it would be 16%.
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Hence, under the head of loss of future income, Rs.9,500 x 12
x 18 x 16/100 = 3,28,320/- is granted towards loss of
future income due to disability.
8. Towards pain and sufferings, the Court below had
granted an amount of Rs.70,000/-. As there is only one
fracture, the same has to be reduced to Rs.40,000/-. Coming
to the medical expenses, the Tribunal had rightly granted an
amount of Rs.54,855/- basing on the evidence let in and on
that count, no interference is called for. Towards food,
nourishment, attendant and conveyance charges, the
Court below had granted Rs.10,000/-, considering the nature of
injuries and hospitalization, this Court granting an amount of
Rs.20,000/-. This Court considering the income of the
claimant at Rs.9,500/- is granting an amount Rs.38,000/-
(9,500 x 4) towards loss of income during laid up period.
Towards loss of amenities, the Court below had rightly
granted an amount of Rs.30,000/- and hence, no interference
is sought for.
9. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V.MEKALA VS.M.MALATHI AND
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ANOTHER1, the claimant is entitled for an amount of
Rs.10,000/- towards legal expenses.
10. The claimant is entitled for compensation under the
following heads:
Sl.No. Description of Items Amounts
Rs.
1. Pain and Suffering 40,000.00
2. Medical expenses 54,855.00
3. Loss of income during laid up 38,000.00
period (9,500 X 4)
4. Attendant charges, food, 20,000.00
conveyance and nourishment
5. Loss of future income due to 3,28,320.00
disability
6. Loss of amenities 30,000.00
7. Legal Expenses 10,000.00
Total 5,21,175.00
(a) Accordingly, the appeal filed by the claimant
in MFA No.4692/2019 is allowed-in-part by
enhancing the compensation amount from
Rs.4,54,000/- to Rs.5,21,175/-.
(b) The appeal filed by the KSRTC in MFA
Crob.No.51/2022 is hereby dismissed.
(2014) 11 SCC 178
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(c) The enhanced amount shall carry interest at
6% p.a. from the date of petition till the date
of realization.
(d) The respondent in MFA No.4692/2019 -
KSRTC shall deposit the amount within a
period of eight weeks from the date of receipt
of copy of the judgment. On such deposit,
the claimant is entitled to withdraw the entire
amount without furnishing any security.
(e) The Registry is directed to return the Trial
Court Record to the Tribunal along with the
certified copy of the order passed by this
Court forthwith without any delay.
(f) The amount in deposit shall be transmitted to
the Tribunal forthwith for disbursal.
(g) No Costs.
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
MH/-
CT:SNN
