Karnataka High Court
Sri. Ramakrishna vs The Managing Director on 28 November, 2023
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MFA No. 5249 of 2017
C/W MFA No. 5250 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO.5249 OF 2017(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5250 OF 2017(MV-I)
IN MFA NO.5249/2017
BETWEEN:
SRI. RAMAKRISHNA
@ RAMAKRISHNAPPA
S/O CHIKKARAMAIAH
AGED ABOUT 46 YEARS
R/AT NO.338, 1ST MAIN
3RD CROSS
VIJAYANANDHANAGAR
NANDINI LAYOUT
BENGALURU-560 096
...APPELLANT
(BY SRI KUMARA K B.,ADVOCATE)
Digitally AND:
signed by JAI
JYOTHI J
Location: THE MANAGING DIRECTOR
HIGH KSRTC
COURT OF K H ROAD, SHANTHINAGAR
KARNATAKA
BENGALURU-560 027
AND ALSO AT
THE DIVISIONAL MANAGER
KSRTC
CHIKMAGLUR DIVISION
CHIKMAGALUR DISTRICT
...RESPONDENT
(BY SRI. K NAGARAJA .,ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED28.03.2017 PASSED IN MVC
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MFA No. 5249 of 2017
C/W MFA No. 5250 of 2017
NO.2909/2016 ON THE FILE OF THE X ADDITIONAL JUDGE,
COURT OF SMALL CAUSES BENGALURU (SCCH-16), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.5250/2017
BETWEEN:
SMT.RATHNA
W/O RAMAKRISHNA
AGED ABOUT 41 YEARS
R/AT NO.338, 1ST MAIN
3RD CROSS
VIJAYANANDHANAGAR
NANDINI LAYOUT
BENGALURU-560 096
...APPELLANT
(BY SRI R.RANGANATHA., ADVOCATE)
AND:
THE MANAGING DIRECTOR
KSRTC
K H ROAD, SHANTHINAGAR
BENGALURU-560 027
AND ALSO AT
THE DIVISIONAL MANAGER
KSRTC
CHIKMAGLUR DIVISION
CHIKMAGALUR DISTRICT
...RESPONDENT
(BY SRI. K NAGARAJA .,ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED28.03.2017 PASSED IN MVC
NO.2910/2016 ON THE FILE OF THE X ADDITIONAL JUDGE,
MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-16),
PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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MFA No. 5249 of 2017
C/W MFA No. 5250 of 2017
THESE APPEALS, ARE COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in
MVC.No.2909/2016 and MVC.No.2910/2016 dated
28.03.2017 both the claimants i.e., husband and wife have
preferred these two appeals i.e, MFA.No.5249/2017 and
MFA.No.5250/2017. The court below has disposed off the
petition by way of a common order and this court is also
proceeding to decide the same by way of a common order.
MFA.NO.5249/2017 ARISING OUT OF MVC.NO.2909/2016
2. The claim petition was filed seeking
compensation of an amount of Rs.15,00,000/- each for the
injuries sustained by the claimants, while they were
travelling as passengers in a Autorickshaw. As per the
claimant he had sustained fracture of both bones of left
leg, he is working as a Autodriver and earning an amount
of Rs.15,000/- per month. Because of the injuries
sustained by him, the doctor assessed the disability at
42% to the limb, 14% to the whole body. The court below
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had considered the income at an amount of Rs.9,000/- as
there was no evidence in support of the same. The court
below under the head of pain and suffering had granted an
amount of Rs.40,000/-, towards Attendant, extra
nourishment, food and conveyance had granted an
amount of Rs.6,000/- and toward loss of income during
the laid up period for three months granted an amount of
Rs.27,000/-. Toward medical expenses had granted an
amount of Rs.76,357/-, towards loss of future income due
to permanent disability (Rs.9,000/- x 12 x 13 x 13/100)
granted an amount of Rs.1,82,520/-. Towards future
medical expenses granted an amount of Rs.15,000/- and
towards loss of amenities and happiness had granted an
amount of Rs.25,000/-. Altogether compensation of an
amount of Rs.3,71,877/- was awarded by the Tribunal.
3. Learned counsel for the claimant submits that
when the claimant is earning an amount of Rs.15,000/-,
the court below had taken an amount of Rs.9,000/- as
income which is on the lower side. It is submitted that
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under the head of attendant, nourishment and conveyance
charges, the amount that was granted was on the lower
side. It is submitted that under the head of pain and
suffering also reasonable amounts were not granted.
4. Learned counsel for the KSRTC submits that the
court below considering the evidence had rightly granted
the compensation and no grounds are made out for
enhancement of the compensation.
5. Having heard the learned counsel on either
side, perused the entire material on record. In this case,
claimant had sustained fracture of both bones of the left
leg. Considering the pain and suffering, this court is
inclined to grant an amount of Rs.50,000/-, Towards
attendant, food and extra nourishment, the court below
had granted an amount of Rs.6,000/- which is on the
lower side. Under these three heads they are entitled for
an amount of Rs.20,000/-. Coming to the income, this is
an accident of the year 2016, according to the claimant,
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he is earning an amount of Rs.15,000/- as no evidence is
adduced, the court below had taken income of an amount
of Rs.9,000/-. Considering the year of accident, this court
is inclined to take income of an amount of Rs.9,500/- for
three months, they are entitled for an amount of
Rs.28,500/- under the head of loss of income during the
laid up period. Towards medical expenses an amount of
Rs.76,357/- is awarded by the court below and no
interference is called for in that regard. Then coming to
the loss of income due to permanent disability, he is
entitled for an amount of Rs.1,92,660/-. (Rs.9,500/- x
12 x 13 x13/100). Towards Future medical expenses, the
doctor has deposed that for future operation an amount of
Rs.30,000/- is required, but the lower court granted an
amount of Rs.15,000/- for the year 2016 is on the lower
side. Hence this court is inclined to grant an amount of
Rs.20,000/-. Toward of loss of future amenities and
happiness, the court below had granted an amount of
Rs.25,000/- which is a reasonable amount and no
interference is called for.
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6. In the light of the law laid down by the Hon'ble
Supreme Court in the case of V. MEKALA -vs- M.
MALATHI AND ANOTHER 1, the claimant is entitled for
an amount of Rs.10,000/- towards legal expenses.
Altogether the claimant is entitled for an amount
Rs.4,27,517/- at 6% interest.
7. The claimant is entitled for the compensation
under the following heads:
Sl. Description of Items Compensation
Awarded
No.
1. Loss of income due to Rs. 1,92,660/-
disability
2. Pain and suffering Rs. 50,000/-
3. Medical Expenses Rs. 76,357/-
4. Future Medical Rs. 25,000/-
Expenses
5. Transport, Conveyance, Rs. 20,000/-
Attendant and extra
nourishment
6. Loss of earning during Rs. 28,500/-
laid up period
(2014) 11 SCC 178
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7. Loss of Amenities Rs. 25,000/-
8. Legal Expenses Rs. 10,000/-
Total Rs. 4,27,517/-
MFA.5250/2017 arising out of MVC 2910/2016
8. According to the claimant, she is the wife of
claimant in MFA.No.5249/2017. She had sustained simple
injuries. No doctor is examined on behalf of the claimant.
Except the wound certificate, no other documents are
filed. Considering the case of the claimant that she has
sustained simple injuries, the court below had granted an
amount of Rs.15,000/- globally.
9. Learned counsel for the claimant submits that as
the husband was not well, she had to take leave and
under the said head no amounts are granted. It is
submitted that granting compensation globally at
Rs.15,000/- is on the lesser side.
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10. Learned counsel for KSRTC submits that the
compensation that was awarded by the Tribunal is on the
higher side and no grounds are made out for enhancement
of the compensation.
11. Having heard the learned counsels on either
side, perused the entire material on record. Except filing
the wound certificate, no other documents are filed. This
court is not able to appreciate any of the contentions
raised on behalf of the learned counsel for the appellant
and do not find any reason to enhance the compensation
and appeal deserves to be dismissed.
12. Accordingly, the appeal filed by the claimant in
MFA.No.5249/2017 is Allowed-in-part by enhancing the
compensation amount from an amount of Rs.3,71,877/-
to Rs.4,27,517/- and the appeal filed by the claimant in
MFA.No.5250/2017 is Dismissed.
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(a) The compensation amount shall carry
interest @ 6% per annum from the date
of petition, till the date of realization.
(b) Respondent-Insurance Company shall
deposit the said compensation amount
with accrued interest before the tribunal
within a period of 8 (Eight) weeks.
(c) The amount in deposit shall be forthwith
transmitted to the court below.
(d) 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.
(e) No Costs.
Pending miscellaneous petitions, if any, shall
stand closed.
SD/-
JUDGE
TS
