Karnataka High Court
The Divisional Controller vs Srinivas Raju V. S/O Venkatapahraju on 29 November, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:13981
MFA.CROB No. 855 of 2012
C/W MFA No. 23875 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MFA CROSS OBJ NO.855/2012(MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.23875/2011
IN MFA.CROB.NO.855/2012:
BETWEEN:
SRINIVAS RAJU V.
S/O. VENKATAPATHIRAJ,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURAL COOLIE,
R/O: R.G.CAMP, MANVI,
PRESENTLY RESIDING AT TALUR ROAD,
BALLARI.
...CROSS OBJECTOR
(BY SRI V. SHIVARAJA HIREMATH, ADVOCATE)
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI
AND:
M KANKUPPI
Date: 2023.12.19
15:06:41 +0530
THE DIVISIONAL CONTROLLER,
K. S. R. T. C. RAICHUR DIVISION,
RAICHUR.
...RESPONDENT
(BY SRI SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
THIS CROSS OBJECTION IN MFA.NO.23875/2011 FILED
U/O. 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD
DATED 10-03-2011 PASSED IN MVC.NO.116/2010 ON THE FILE
OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL - II, BALLARI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2023:KHC-D:13981
MFA.CROB No. 855 of 2012
C/W MFA No. 23875 of 2011
IN MFA.NO.23875/2011:
BETWEEN:
THE DIVISIONAL CONTROLLER,
K. S. R. T. C. RAICHUR DIVN,
PRESENTLY REPRESENTED BY
ITS CHIEF LAW OFFICER,
CENTRAL OFFICE,
SAREGE SADAN,
GULBARGA.
...APPELLANT
(BY SMT. VAISHALI KALADAGI K., ADVOCATE)
AND:
SRINIVAS RAJU V.
S/O. VENKATAPATHIRAJ,
AGED 36 YEARS,
OCC: AGRICULTURAL COOLIE,
R/O: R.G.CAMP, MANVI,
PRESENTLY RESIDING AT TALUR ROAD,
BALLARI.
...RESPONDENT
(BY SRI V. SHIVARAJ HIREMATH, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, 1988, PRAYING TO SET ASIDE/QUASH THE
JUDGMENT AND AWARD DATED 10.03.2011 BEFRE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL - II, BALLARI IN MVC NO.116/2010
AND ETC.,
THESE CROSS OBJECTION AND APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13981
MFA.CROB No. 855 of 2012
C/W MFA No. 23875 of 2011
JUDGMENT
MFA Crob.No.855/2012 is filed by the claimant for
seeking enhancement of compensation.
2. MFA No.23875/2011 is filed by the KSRTC questioning the
quantum of compensation.
3. Heard the arguments and perused the material placed
before the Court.
4. The occurrence of accident, injuries sustained by the
claimant, coverage of insurance are not in dispute in this
case.
5. In the present case, from the medical evidence on record,
it is proved that the claimant had suffered the following
injuries.
1. X-ray of right wrist shows fracture of both bones
lower end & 5th metacarpal bone.
2. Fracture of right knee of upper end of tibia.
6. The tribunal has awarded compensation under various
heads as under:
NC: 2023:KHC-D:13981
Sl. Heads. Amount in
No. (Rs.)
1. Towards pain and suffering. 30,000-00
2. Towards medical expenses. 1,50,000-00
3. Towards loss of amenities. 20,000-00
4. Towards loss of income during 12,000-00
treatment period.
5. Towards attendant charges. 6,000-00
6. Towards loss of future income. 1,80,000-00
7. Extra nourishment food 6,000-00
8 Conveyance charges 5,000-00
Total: 4,09,000-00
7. Learned counsel for the claimant-appellant submitted that
the claimant has spent sum of Rs.6,00,000/- towards medical
expenses and hospitalization charges. But, the Tribunal has
awarded lesser amount of total compensation of
Rs.4,09,000/-. Therefore, prays to enhance compensation on
the medical expenses and hospitalization charges as well as
on other heads.
8. Considering the nature of injuries sustained,
compensation awarded by tribunal is on lesser side.
Therefore, the same is required to be enhanced by modifying
the judgment and award.
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9. It is stated that claimant has spent sum of
Rs.6,00,000/- towards medical expenses and hospitalization
charges. Tribunal has awarded compensation of
Rs.1,50,000/- towards medical expenses and hospitalization
charges on the ground that medical bills produced are double
claim and duplication. The Tribunal at Paragraphs 10 and 11
has observed with reference to the medical bills and receipts.
But, upon perusing the Ex.P.103 and P119, the Tribunal has
not taken into consideration the hospital bill of Rs.2,83,184/-.
Therefore, upon re-appreciating the evidence on record i.e.
Ex.103 to 119, the total final bill is Rs.2,83,184/- including
medicine purchased and provided to the claimant. Therefore,
claimant is entitled for medical and hospitalization charges of
Rs.2,83,184/-.
10. Considering the injuries sustained, a compensation of
Rs.40,000/- towards pain and suffering, Rs.30,000/-towards
loss of amenities are awarded. Further, Rs.30,000/- towards
incidental expenses like food, nourishment, traveling,
attendant charges, etc., and Rs.20,000/- (Rs.5,000X4)
NC: 2023:KHC-D:13981
towards loss of income during laid up period for a period of 4
months, is awarded.
11. The doctor has stated that the claimant had suffered
25% of physical disability to the whole body. The doctor is
not treated doctor of the claimant. Therefore, percentage of
physical disability is found to be exaggerated one,
considering the nature of injury sustained. Therefore, it is
just and proper to take 18% as functional disability.
12. The accident is caused on 15.04.2009. Therefore,
notional income would be Rs.5,000/- per month. The
claimant was aged 36 years as on the date of accident and
appropriate multiplier is 15. Hence, loss of future income due
to disability is hereby reassessed and quantified as
Rs.5,000X18/100X15X12= Rs.1,62,000/-.
13. Thus, the claimant is entitled for total compensation
under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 40,000-00
suffering.
NC: 2023:KHC-D:13981
2. Towards medical expenses. 2,83,184-00
3. Towards loss of amenities. 30,000-00
4. Towards loss of income during 20,000-00
laid up period and medical
treatment period.
5. Towards incidental charges 30,000-00
like attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future earning 1,62,000-00
capacity due to disability
Total: 5,65,184-00
14. Therefore, the claimant is entitled for total compensation
of Rs.5,65,184-00 along with interest at the rate of 6% p.a.
from the date of filing of the petition till realization, as
against Rs.04,09,000-00 awarded by the Tribunal. The
Insurance Company is directed to deposit the compensation
within eight weeks from the date of receipt of a certified copy
of this judgment.
15. In the result, I proceed to pass the following:
ORDER
i) Both the appeals are allowed in part.
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ii) The judgment and award passed in MVC
No.116/2010 dated 10.03.2011 by the MACT-II,
Bellary stands modified.
iii) The claimant is entitled for total
compensation of Rs.5,65,184-00 along with
interest at the rate of 6% p.a. from the date of
petition till its realization.
iv) The claimant is not entitled for interest
for the delayed period of 26 days in filing the
appeal.
v) The insurance company shall deposit
the amount within a period of eight weeks from the
date of receipt of a copy of this judgment.
vi) Send back the trial Court records along
with a copy of this judgment.
vii) No order as to costs.
viii) Draw award accordingly.
Sd/-
JUDGE
HMB
CT-ASC
