Karnataka High Court
Sri. Srinivas @ Srinivas Gowda vs The Managing Director on 28 November, 2023
-1-
NC: 2023:KHC:43261
MFA No. 1775 of 2018
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. 1775 OF 2018 (MV-I)
BETWEEN:
SRI. SRINIVAS @ SRINIVAS GOWDA
S/O LATE VENKATAGOWDA,
AGED ABOUT 60 YEARS
R/AT NO 94, 34TH CROSS,
JOOGANAHALLI,
RAJAJINAGAR 2ND BLOCK,
BENGALURU - 560010
...APPELLANT
(BY SRI. RAJASHEKAR M.,ADVOCATE)
AND:
THE MANAGING DIRECTOR
BENGALURU METROPOLITAN
TRANSPORT CORPORATION
K H ROAD,
Digitally BENGALURU - 560027
signed by JAI ...RESPONDENT
JYOTHI J (BY SRI D.VIJAY KUMAR .,ADVOCATE)
Location:
HIGH
COURT OF THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
KARNATAKA JUDGMENT AND AWARD DATED03.10.2017 PASSED IN MVC
NO.1906/2015 ON THE FILE OF VIII ADDITIONAL SCJ & XXXIII
ACMM, MEMBER - MACT, BENGALURU, 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:
-2-
NC: 2023:KHC:43261
MFA No. 1775 of 2018
JUDGMENT
This appeal is filed by the claimant aggrieved by the
award passed in MVC No.1906/2015, dated 03.10.2017 by
the VIII Additional Small Causes Judge And XXXIII ACMM,
member MACT, Bengaluru, seeking enhancement of the
compensation.
2. The claim petition is filed seeking compensation
of an amount of Rs.20,00,000/- for the injuries sustained
by the claimant in the accident. The Tribunal had awarded
total compensation of an amount of Rs.1,95,500/-.
Learned counsel for the appellant submits that according
to the claimant he was doing real estate business and
earning an amount of Rs.35,000/- and the court below had
taken an amount of Rs.6,000/- p.m., which is on lower
side. It is submitted that on all other heads also the
compensation awarded by the Tribunal is on lower side.
NC: 2023:KHC:43261
3. Learned counsel appearing for the insurance
company submits that the Tribunal considering the
evidence on record had rightly awarded the compensation
and no grounds are made out for enhancement of the
compensation. In this case as per the doctor the claimant
has sustained the following injuries:
"Dislocation with exposed muscles of big toe of left
foot and x-ray shows fracture of proximal phalanx of
left big toe, for which he undergone wound
debridement with disarticulation 1st and 2nd toe left
foot."
4. The claimant had produced Exhibit-P6,
Discharge summary issued by Victoria hospital. The doctor
who was examined as PW-2 had deposed that the claimant
has sustained 34% disability to the lower body and the
court below had taken 15% disability which is not correct.
The learned counsel submits that the compensation
awarded by the Tribunal was also not reasonable.
NC: 2023:KHC:43261
5. Having heard the learned counsel on either
side, perused the entire material on record. The court
below had rightly taken the disability at 15%. When it
comes to the income it is the case of the claimant that he
was earning Rs.35,000/-. No doubt no evidence is adduced
considering the accident is of the year 2014, this court is
inclined to take the income at Rs.8,500/- as monthly
income. Hence, the claimant is entitled for an amount of
Rs.1,37,700/- (8,500 x 12 x 9 x 15%) under the head of
loss of future income. Considering the income at
Rs.8,500/- p.m., and loss of income during laid up period
for a period of three months, the claimant would be
entitled for an amount of Rs.25,500/- towards loss of
income during laid up period. The court below had
granted medical expenses of Rs.23,000/- and towards
nourishing food and miscellaneous expenses an
amount of Rs.15,000/- which are reasonable and no
grounds are made out for interference. Towards Pain and
sufferings an amount of Rs.50,000/- is granted which is
also reasonable. Coming to the compensation under loss
NC: 2023:KHC:43261
of amenities the court below had granted an amount of
Rs.10,000/- this court is inclined to grant an amount of
Rs.15,000/- considering the injuries sustained by him.
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 ANOTHER1, the claimant is entitled for
an amount of Rs.10,000/- towards Legal Expenses.
7. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 50,000/-
2. Nourishing food & : Rs. 15,000/-
Miscellaneous Expenses
3. Medical Expenses : Rs. 23,000/-
4. Loss of Amenities & Future : Rs. 15,000/-
Discomfort
5. Legal Expenses : Rs. 10,000/-
6. Loss of Future Income : Rs. 1,37,700/-
Loss of income during laid up
7. : Rs. 25,500/-
period (Rs.8,500 x 3)
TOTAL : Rs. 2,76,200/-
(2014) 11 SCC 178
NC: 2023:KHC:43261
8. Accordingly, the appeal is partly allowed,
enhancing the compensation amount from Rs.1,95,500/-
to Rs.2,76,200/-.
i) The enhanced amount shall carry interest at 6%
p.a., from the date of petition till the date of
realization.
ii) The respondent - insurance company 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.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
iv) No costs.
NC: 2023:KHC:43261
Pending miscellaneous petitions, if any, shall stand
closed.
SD/-
JUDGE
JJ
