Karnataka High Court
Smt.Jothi vs Division Manager on 6 December, 2023
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NC: 2023:KHC:44480
MFA No. 1854 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 1854 OF 2013 (MV-I)
BETWEEN:
SMT.JOTHI
W/O P.MARI, AGED ABOUT 42 YEARS
R/O NO.65/A, 5TH CROSS, SOMESHWARA
NAGAR, YESHWANTHPUR POST
BANGALORE-560 022 ...APPELLANT
(BY SRI. SRIKANTH B., ADV.)
AND:
DIVISION MANAGER
DIVISION NO.2, KRISHNAGIRI DEPO
KRISHNAGIRI DIST, TAMIL NADU ...RESPONDENT
(RESPONDENT SERVED BUT UNREPRESENTED
VIDE ORDER DATED 11.11.2020)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 15.12.2011
Digitally signed by MALA
KN PASSED IN MVC NO.1437/2010 ON THE FILE OF THE 14 TH
Location: HIGH COURT ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES,
OF KARNATAKA
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:44480
MFA No. 1854 of 2013
JUDGMENT
In this appeal, the petitioner has challenged
the judgment and award dated 15.12.2011 passed in
M.V.C.No.1437/2010 by the Motor Accident Claims
Tribunal, Court of Small Causes, Bengaluru City
(SCCH-10) ('the Tribunal' for short).
2. For the sake of convenience, the rank of the
parties shall be referred to as per their status before
the Tribunal.
3. Briefly stated the facts are, on 27.12.2009 at
about 3.15 a.m., the petitioner and others were
traveling in the bus bearing No.TN-29/N-1651 in
front of S.R.Granite at Thanner Pallam, Krishnagiri
District, Tamil Nadu met with an accident killing one
of the inmates and injuring the other inmates of the
bus including the petitioner. The petitioner after
taking treatment at Government hospital, Krishnagiri
and St.Theresa Hospital, Rajajinagar, Bangalore, has
approached the Tribunal for grant of compensation
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of Rs.20 lakhs. The claim was opposed by the
Respondent/Tamil Nadu State Transport Corporation
(TNSTC). The Tribunal after taking the evidence on
record by impugned judgment, awarded
Rs.6,39,000/- with 6% interest per annum. Pleading
inadequacy and seeking enhancement of
compensation, the petitioner has filed this appeal on
various grounds.
4. Heard the arguments of Sri.Srikanth B.,
learned counsel for the petitioner. Respondent
served and unrepresented.
5. It is the contention of the learned counsel for
the petitioner that the petitioner has suffered injuries
to both bones of right leg and both the ankle, she
was under hospitalization for 47 days. She has
suffered whole body disability of 35% and inspite of
it, the Tribunal assessed at 15% only. The Tribunal
has considered the income of the petitioner at
Rs.3,000/- which is on the lower side and not
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awarded compensation towards attendant charges,
food and nourishment and travelling expenses. The
compensation awarded towards loss of income
during laid-up period is on the lower side, loss of
future income is not properly calculated and sought
for enhancement.
6. I have given my anxious consideration to the
arguments advanced on behalf of the petitioner and
also perused the materials on record.
7. The material on record did point out that on
27.12.2009, the petitioner being the inmate of the
TNSTC bus met with an accident and her family
members sustained injuries and one of the
passengers of the bus M.Sumitha was killed at the
spot. The petitioner has suffered compound fracture
of lower 1/3rd of both bones of right leg, lacerated
wound over left ankle and bone exposed in right
ankle. She was under hospitalization for 47 days.
She was laid to rest for about six months.
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8. Petitioner relied upon the evidence of PW-
4/Dr.S.Ramachandra, the treating doctor, who has
stated that the petitioner has suffered 70% of limb
disability to both right and left lower limbs and
according to him, total disability is 35%. I do not
find any rationale in the assessment of 35% of
disability for the injuries suffered by the petitioner.
The Tribunal has rightly assessed at 15%.
9. The petitioner is a house-maker and she has
no proof of income. A person with no proof of
income in the year 2009 will earn not less than
Rs.5,000/-. The Tribunal assessed at Rs.3,000/-
which is on the lower side.
10. The medical bills are at Exs.P15 and P20.
That is considered by the Tribunal including food and
nourishment, travelling expenses and attendant
charges, but it has to be split out as the medical bills
itself constitute a sum of Rs.4,48,206/-. Having
regard to the fact that accident took place in Tamil
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Nadu, the petitioner has traveled to Bengaluru,
hence, travelling expenses ought to have been
considered at Rs.10,000/-. A sum of Rs.10,000/-
towards food and nourishment and a sum of
Rs.10,000/- towards attendant charges. The
Tribunal awarded Rs.50,000/- towards pain and
suffering and Rs.5,000/- towards future medical
expenses, that can be retained as it is. Petitioner
was laid to rest for not less than six months. Hence,
she has to be awarded Rs.30,000/- towards loss of
income during laid-up period. Loss of amenities and
discomfort is assessed at Rs.40,000/- as against
Rs.10,000/-.
11. As regards loss of future income is
concerned, the petitioner is aged 39 years and the
applicable multiplier is '15'. Future prospects of 40%
has to be taken for assessment of compensation.
Then loss of future income will be: Rs.5,000/- +
Rs.2,000/- (40%) = Rs.7,000/- x 12 x 15 x 15% =
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Rs.1,89,000/- as against Rs.81,000/-. To be
summed up, the total compensation comes to
Rs.7,92,206/- as against Rs.6,39,000/-, thereby
enhancement of Rs.1,53,206/-, which is the just
compensation that the petitioner is entitled to. Since
the bus is belonging to Tamil Nadu State
Government, it has the liability to pay the
compensation. Hence, the appeal merits
consideration. In the result, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The impugned judgment and award is
modified;
(iii) The petitioner would be entitled for
enhanced compensation of
Rs.1,53,206/- with interest @ 6% per
annum on the enhanced compensation
from the date of petition till its realization;
(iv) The respondent/TNSTC is directed to
deposit the enhanced compensation within
a period of eight weeks from the date of
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receipt of a certified copy of this judgment
excluding interest for the delayed period
of 345 days in filing the appeal.
(v) The amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
Sd/-
JUDGE
KNM
CT:HS
