Karnataka High Court
Smt. Vijayakumari @ Vijaya vs The Divisional Controller on 7 December, 2023
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NC: 2023:KHC:44365
MFA No. 5972 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.5972 OF 2016(MV-I)
BETWEEN:
SMT. VIJAYAKUMARI @ VIJAYA,
W/O H. B. UMESH,
AGED ABOUT 32 YEARS,
R/A HASAGULI VILLAGE,
GUNDLUPET TALUK,
CHAMARAJNAGAR DISTRICT,
CHAMARAJNAGAR - 571 111.
...APPELLANT
(BY SRI. H. V. BHANU PRAKASH., ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
DIVISIONAL OFFICE, K S R T C,
Digitally signed KSRTC BUS STAND,
by VINUTHA B S
Location: HIGH CHAMRAJNAGAR,
COURT OF
KARNATAKA INTERNAL INSURER OF THE
K S R T C BUS
BEARING REG NO.KA-40-F-640.
...RESPONDENT
(BY SRI. M. ASHOK KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 3.2.2016 PASSED IN MVC
NO.120/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, CJM,
MEMBER, MACT, CHAMARAJANAGAR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC:44365
MFA No. 5972 of 2016
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. H.V.Bhanu Prakash, learned counsel for the
appellant as well as Sri M. Ashok Kumar, learned counsel for
the respondent.
2. Challenge in this appeal is the order that is rendered
by the Motor Accidents Claims Tribunal, Chamarajanagar, in
M.V.C No. 120/2014 dated 03.02.2016.
3. The Motor Accidents Claims Tribunal through the
impugned award granted compensation of Rs.4,80,365/- as
against the claim of Rs.13,00,000/-. Aggrieved by quantum
awarded the present appeal is preferred by the claimant.
4. Learned counsel for the appellant on this day attacked
the impugned order mainly on the ground that the income that
was taken by the Tribunal for calculating the loss of future
earnings is on lower side and also regarding the loss of
earnings that was granted for the laid up period.
5. The version of the appellant is that she was working as
a tailor by the date of accident and was earning of Rs.9,000/-
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per month and due to the injury sustained she lost her
livelihood.
6. Learned counsel for the respondent states that no
material whatsoever is produced in proof of the occupation and
earning of the appellant as on the date of the accident and
therefore, the Tribunal has taken the earning of the appellant
as Rs.5,000/- p.m. nominally.
7. It would be difficult for a person working in an
unorganized sector to produce sufficient proof with regard to
his or her earnings. Having regard to the occupation of the
appellant, this Court is of the view that the Tribunal ought to
have taken the nominal income as Rs.8000/- p.m. If the said
amount is taken into consideration as the nominal income and
when '17' multiplier as applied by the Tribunal is applied, taking
into consideration the whole body disability as 30% as held by
the Tribunal, the loss of future earnings comes to Rs.4,89,600/-
[8,000X12X17X30%].
8. Having regard to the nature of injuries that were
sustained by the appellant and established before the Tribunal,
this Court is of the view that the appellant would not have
attended her normal duties atleast for a period of three
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months. Therefore, loss of earnings during laid up period
comes to Rs.24,000/-[8000X3].
9. Also the Tribunal failed to award any amount as
compensation for pain and suffering. Having regard to the
nature of injuries sustained by the appellant, this Court
considered that an amount of Rs.15,000/- is to be awarded as
compensation for pain and suffering.
10. Thus, the total amount which the appellant is entitled
to as compensation would be under following heads:
SL.
Particulars Amount
No.
1. Compensation for pain and Rs.15,000/-
suffering for injuries sustained
2. Medical expenditure to the extent Rs.1,37,027/-
established
3. Future medical expenses Rs.20,000/-
4. Extra nourishment, diet and Rs.10,000/-
attendant charges
5. Loss of earnings during laid up Rs.24,000/-
period.
6. Loss of future earning on account Rs.4,89,600/-
of permanent disability
7. Conveyance charges Rs.5,000/-
Total Enhanced compensation Rs.7,00,627/-
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11. Thus the following:-
ORDER
i. This appeal is allowed in part.
ii. The amount that is awarded by the Motor
Accidents Claims Tribunal, Chamarajanagar, through
the orders in M.V.C No. 120/2014 dated 03.02.2016
is enhanced from Rs.4,80,365/- to Rs.7,00,627/-.
iii. The enhanced amount shall carry the same
interest as awarded by the Tribunal, except for the
period of delay of 103 days as ordered by this Court
through orders in I.A.No.1/2016 dated 24.04.2018.
Sd/-
JUDGE
PTM
