Karnataka High Court
The Divisional Controller, Ksrtc vs Santoshr S/O. Ravinaik Lambani on 10 April, 2024
-1-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103978 OF 2018 (MV-I)
C/W
MFA NOS. 103979, 103980, 103981, 103982, 103983, 103984,
103985 OF 2018, MFA NOs.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 OF 2019
BETWEEN:
1. THE DIVISIONAL CONTROLLER, KSRTC,
HOSAPETE DIVISION, HOSAPETE,
DISTRICT BALLARY.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR, DIST: HAVERI.
BOTH THE APPELLANTS ARE REPRESENTED
BY CHIEF LAW OFFICER.
...COMMON APPELLANTS
(BY SRI. S. C. BHUTI, ADVOCATE)
AND:
Digitally
signed by IN MFA NO. 103978/2018
JAGADISH T R
Location:
HIGH COURT PUSHPA @ PUSHPAVATHI D.
OF W/O. RAVINAIK LAMBANI,
KARNATAKA
AGE: 29 YEARS, OCC:COOLIE WORK,
R/O. SOVINAHALLI TANDA IN HADAGALI TQ,
DIST: BELLARY, NOW AT MARUTHINAGAR,
RANEBENNUR, DIST: HAVERI-581115.
IN MFA NO. 103979/2018
SANJAYA R. S/O. RAVINAIK LAMBANI,
AGED ABOUOT 3 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS
NATURAL MOTHER AND M/G. PUSHPA @
PUSHPAVATHI D. W/O. RAVINAIK LAMBANI,
-2-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
AGE: 29 YEARS, OCC: COOLIE WORK,
R/O. SOVINAHALLI TANDA IN HADAGALI TQ,
DIST: BELLARY, NOW AT MARUTHINAGAR,
RANEBENNUR, DIST: HAVERI-581115.
IN MFA NO. 103980/2018
SANTOSHR S/O. RAVINAIK LAMBANI,
AGED ABOUT 6 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS NATURAL
MOTHER AND M/G.PUSHPA @ PUSHPAVATHI
D/ W/O. RAVINAIK LAMBANI,
AGE: 29 YEARS, OCC: COOLIE WORK,
R/O. SOVINAHALLI TANDA IN HADAGALI TQ,
DIST: BELLARY, NOW AT MARUTHINAGAR,
RANEBENNUR, DIST:HAVERI-581115.
IN MFA NO. 103981/2018
LAXMI D/O. RAMESH LAMANI
AGE: 19 YEARS, OCC: COOLIE WORK,
R/O. SEVANAGAR TANDA IN SHIRAATTI TALUKA,
DIST: GADAG, NOW AT MARUTHINAGAR,
RANEBENNUR, DIST:HAVERI-581115.
IN MFA NO. 103982/2018
1. SMT. PADMASALE RAMALAMMA
W/O. RAMANJANEYALU,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O. KARAVANTHPETH, DEVINAGAR,
SIGHOMBEL KARNOOL DISTRICT,
NOW AT AREMALLAPUR VILLAGE IN
RANEBENNUR, TQ: DIST: HAVERI-581115.
2. P. SHRINIVASALU S/O. RAMANJANEYALU
AGE: 27 YEARS, OCC: DRIVING WORK.
R/O. KARAVANTHPETH, DEVINAGAR,
SIGHOMBEL KARNOOL DISTRICT,
NOW AT AREMALLAPUR VILLAGE IN
RANEBENNUR, TQ: DIST: HAVERI-581115.
3. P VENKATESH S/O. RAMANJANEYALU
AGE: 21 YEARS, OCC:DRIVING WORK,
R/O. KARAVANTHPETH, DEVINAGAR,
-3-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
SIGHOMBEL KARNOOL DISTRICT,
NOW AT AREMALLAPUR VILLAGE IN
RANEBENNUR, TQ: DIST: HAVERI-581115.
IN MFA NO. 103983/2018
JAGADEESH S/O. DEVENDRAOPPA AIRANI,
AGE: 35 YEARS, OCC: AGRICULTURE WORK,
R/O. AREMALLAPUR VILLAGE IN RANEBENNUR
TALUK, DIST: HAVERI-581115.
IN MFA NO. 103984/2018
ERAPPA D. V, S/O. DODDAVENKATESHAPPA
AGE: 39 YEARS, OCC: COOLIE WORK,
R/O. HONNUR VILLAGE IN DAVANAGERE TALUKA,
DIST: DAVANAGERE, NOW AT MARUTHINAGAR,
RANEBENNUR, DIST: HAVERI-581115.
IN MFA NO. 103985/2018
ANASUYA @ ANASUYAMMA S. R, W/O. SHRINIVAS
AGE: 39 YEARS, OCC: TAILORING WORK,
R/O. DANDINAKURUBARAHATTI,
CHITRADURGA TALUKA, DIST: CHITRADURGA,
NOW AT MARUTHINAGAR, RANEBENNUR,
DIST: HAVERI-581115.
...COMMON RESPONDENTS
(BY SRI. S. C. BHUTI, ADVOCATE)
THESE ABOVE MFA ARE FILED U/S.173(1) OF MOTOR
VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD PASSED BY COURT OF THE IIIRD ADDL. SR. CIVIL JUDGE
AND AMACT, RANEBENNUR IN M.V.C NO.1090/2017, 1091/2017,
1092/2017, 1093/2017, 1094/2017, 1095/2017, 1096/2017,
1097/2017, DATED 06.07.2018 IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA NO. 104111 OF 2019
BETWEEN:
PUSHPA @ PUSHPAVATHI D.
W/O. RAVINAIK LAMBANI,
-4-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
AGE: 30 YEARS, OCC: COOLIE WORK,
R/O. SOVINAHALLI TANDA, TQ: HADAGALI
DIST: BALLARI, NOW AT MARUTHI NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.2,07,600/- TO RS.13,30,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, DATED 06-07-2018 IN MVC
NO.1090/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104112 OF 2019
BETWEEN:
SANJAYA R. S/O RAVINAIK LAMBANI,
AGE: 4 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS NATURAL
MOTHER & M/G, PUSHPA @ PUSHPAVATHI D.
W/O.RAVINAIK LAMBANI,
R/O. SOVINAHALLI TANDA, TQ: HADAGALI,
DIST: BALLARI, NOW AT MARUTHI NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
-5-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.1,61,000/- TO RS.7,00,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, DATED 06-07-2018 IN MVC
NO.1091/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104113 OF 2019
BETWEEN:
SANTOSH R. S/O. RAVINAIK LAMBANI,
AGE: 7 YEARS, OCC: STUDENT,
SINCE MINOR REPRESENTED BY HIS NATURAL
MOTHER & M/G, PUSHPA @ PUSHPAVATHI D.
W/O. RAVINAIK LAMBANI,
R/O. SOVINAHALLI TANDA, TQ: HADAGALI,
DIST: BALLARI, NOW AT MARUTHI NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.1,61,000/- TO RS.8,00,000/- BY MODIFYING THE
-6-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
JUDGMENT AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, DATED 06-07-2018 IN MVC
NO.1092/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104114 OF 2019
BETWEEN:
LAXMI D/O. RAMESH LAMANI
AGE: 20 YEARS, OCC: COOLIE WORK,
R/O. SEVANAGAR, TANDA, TQ: SHIRAHATTI,
DIST: GADAG, NOW AT MARUTHI NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.2,54,590/- TO RS.11,80,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, DATED 06-07-2018 IN MVC
NO.1093/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104115 OF 2019
BETWEEN:
1. SMT.PADMASALE RAMALAMMA W/O. RAMANJANEYALU
AGE: 42 YEARS, OCC: HOUSE HOLD WORK,
R/O. KARANATHPETH, DEVINAGAR, SIGHOMBEL,
DIST: KARNOORL, NOW AT AREMALLAPUR VILLAGE,
TQ: RANEBENNUR, DIST: HAVERI.
-7-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
2. P. SHRINIVASALU S/O. RAMANJANEYALU,
AGE: 28 YEARS, OCC: DRIVING WORK,
R/O. KARANATHPETH, DEVINAGAR,
SIGHOMBEL, DIST: KARNOORL,
NOW AT AREMALLAPUR VILLAGE,
TQ: RANEBENNUR, DIST: HAVERI.
3. P. VENKATESH S/O. RAMANJANEYALU,
AGE: 22 YEARS, OCC: STUDENT,
R/O. KARANATHPETH, DEVINAGAR, SIGHOMBEL,
DIST: KARNOORL, NOW AT AREMALLAPUR VILLAGE,
TQ: RANEBENNUR, DIST: HAVERI.
...APPELLANTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL AND SEEKING ENHANCING THE
COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD OF THE
IIIRD ADDL. SENIOR CIVIL JUDGE AND AMACT, RANEBENNUR,
DATED 06-07-2018 IN MVC NO.1094/2017, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN MFA NO. 104116 OF 2019
BETWEEN:
JAGADEESH S/O. DEVENDRAPPA AIRANI
AGE: 36 YEARS,OCC: AGRICULTURE WORK,
R/O. AREMALLAPUR VILLAGE, TQ: RANEBENNUR,
DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
-8-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.2,07,600/- TO 13,80,000/- BY MODIFYING THE JUDGMENT
AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE AND AMACT,
RANEBENNUR, DATED 06-07-2018 IN MVC NO.1095/2017, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104117 OF 2019
BETWEEN:
ERAPPA D. V, S/O. DODAVENKATESHAPPA,
AGE: 40 YEARS, OCC: COOLIE WORK,
R/O. HONNUR VILLAGE, TQ: DAVANAGERE,
DIST: DAVANAGERE, NOW AT MARUTHI NAGAR,
RANEBENNUR, DIST : HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI.
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
-9-
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.1,98,000/- TO RS.13,60,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, DATED 06-07-2018 IN MVC
NO.1096/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 104118 OF 2019
BETWEEN:
ANASUYA @ ANASUYAMMA S. R, W/O. SHRINIVAS,
AGE: 40 YEARS, OCC: TAILORING WORK,
R/O. DANDINAKURUBARAHATTI, TQ: CHITRADURGA,
DIST: CHITRADURGA, NOW AT MARUTHI NAGAR,
RANEBENNUR, DIST: HAVERI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER,
KSRTC HOSAPETE DIVISION,
HOSAPETE, DIST: BALLARI-583201.
2. THE DEPOT MANAGER,
NWKRTC RANEBENNUR DEPOT,
RANEBENNUR-581115, DIST: HAVERI.
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
1988, ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION
FROM RS.2,07,600/- TO RS.13,60,000/- BY MODIFYING THE
JUDGMENT AND AWARD OF THE IIIRD ADDL. SENIOR CIVIL JUDGE
AND AMACT, RANEBENNUR, DATED 06-07-2018 IN MVC
NO.1097/2017, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
- 10 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
COMMON JUDGMENT
Though these appeals are listed for admission, with the
consent of learned counsel for the parties, they are taken up
together for final disposal, as these appeals arise out of the
same accident.
2. These appeals have been filed by Corporation as
well as the claimants challenging the quantum of compensation
awarded by the Tribunal. The Corporation is also challenging
the contributory negligence. These appeals are arising out of
the common judgment and award dated 06.07.2018 passed in
MVC Nos.1090/2017, 1091/2017, 1092/2017, 1093/2017,
1094/2017, 1095/2017, 1096/2017 and 1097/2017 on the file
of III Addl. Senior Civil Judge and AMACT, Ranebennur (for
short 'Tribunal')
3. Heard the learned counsel Sri.S.C. Bhuti, appearing
for the appellant/Corporation and learned counsel
Sri.Chandrashekhar M Hosamani, appearing for the
appellant/claimant.
4. Learned counsel Sri. S.C.Bhuti, appearing for the
appellant/Corporation submits that the Tribunal committed an
- 11 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
error in saddling the entire liability on the Corporation bus as
there was head-on collusion between the bus and lorry. Hence,
50% liability is required to be saddled on the lorry as well. He
submits that insofar as the award of compensation, the
claimants have produced the Disability Certificate obtained
from PW2 after more than two years from the date of accident.
The accident in question took place near APMC Tarikeri on
03.03.2016 and claimants are residents of Hadagali taluk.
However, they obtained disability certificate from Dr.Umanath
Ullal, who is practicing at Ranebennur, which creates doubt
with regard to the disability certificate produced by the
appellant/claimants. Hence, he seeks to reassess the disability
appropriately. It is submitted that there are simple injuries
sustained by the claimants; however, PW2 has assessed
disability on the higher side without examining all the medical
records, more particularly, the radiology report. Hence, he
seeks to ignore the disability certificate and assess the
disability.
5. It is submitted that the Tribunal has committed an
error in awarding interest at the rate of 7% hence, he seeks to
reduce the same to 6%. It is also submitted that in MVC
- 12 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
No.1090/2017, the claimant has failed to produce wound
certificate. However, the Tribunal has assessed disability at
10%, which he seeks to set aside the same. Thus, he seeks to
allow all the appeals filed by the Corporation by dismissing the
appeals filed by the claimants.
6. Per contra, learned counsel Sri. Chandrashekhar M
Hosamani, appearing for the claimants supports the impugned
judgment and award of the Tribunal and submits that though
the accident has taken place at Tarikeri, the claimants have
consulted PW9 and placed all the medical evidence before him
and on examination, he has issued disability certificate. He
submits that the disability certificate issued by PW9 is in
consonance with the injuries and fractures suffered by the
claimants. Merely, because PW9 is not a treated Doctor, it
cannot be ground to reject the disability certificate on record.
He submits that insofar as negligence aspect is concerned, the
co-ordinate Bench in MFA No.101180/2018 vide judgment
dated 17.08.2021, dismissed the appeal filed by the
Corporation rejecting the contention of negligence. Hence, he
seeks to dismiss the appeals filed by the Corporation. Insofar
as enhancement of compensation, he submits that the award of
- 13 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
compensation in each of the claim petitions on conventional
heads are required to be reassessed, taking note of the injuries
suffered and treatment provided to the claimant. He seeks to
allow the appeals filed by the claimants.
7. I have heard the arguments of learned counsel for
appellant/Corporation and learned counsel for the
appellant/claimants and perused the material available on
record.
8. In a road accident dated 03.03.2016, the claimants
sustained injuries and fractures and one of the inmates of the
bus succumbed to the injuries. The claim petitions filed by the
injured and the dependents have been considered by the
Tribunal by awarding different compensations. This Court on
re-appreciation of the oral testimony of PW1 to PW9 and
documentary evidence at Ex.P1 to P99 and also considering the
oral testimony of RW1, is of the considered view that insofar as
the contention of the Corporation that there is negligence on
the part of the driver of the lorry is taken note only for the
purpose of rejection, as the said issue has already been dealt
with and considered by co-ordinate Bench of this Court in MFA
- 14 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
No.101180/2018 referred supra and saddled the liability on the
Corporation. Hence, there cannot be any dispute with regard to
negligence and liability is concerned. Accordingly, the said
contention of the Corporation is rejected.
9. Insofar as entitlement of compensation is
concerned, this Court taking note of the injuries suffered by the
claimants and the treatment provided to them and oral
testimony of PW9, reassess the compensation as under:
10. In MFA No.104111/2019, the appellant/claimant
has sustained following injuries:
i. Abrasion over the right shoulder.
ii. Abrasion over the left forearm.
iii. Tenderness in neck and back.
iv. Tenderness in right knee.
v. Fracture of patella right knee.
vi. Fracture of left elbow of radius left side.
11. The Tribunal assessed disability of the appellant at
10%. Considering the aforesaid injuries, this Court does not
find any error in assessment of the disability by the Tribunal.
This Court re-assesses the notional income of the
appellant/injured at Rs.8,750/- per month placing reliance on
notional income chart prepared by the KSLSA. Thus, the
- 15 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
appellant/claimant would be entitled to modified compensation
on the head of loss of future income due to disability as under:
Rs.8,750 x 12 x 16 x 10% = Rs.1,68,000/-
12. This Court taking note of the injuries referred supra
awards additional sum of Rs.10,000/- under the head of pain
and sufferings. The appellant is entitled to Rs.26,250/-(8,750
x 3) under the head of loss of income during the laid-up period
as against Rs.8,000/-. The appellant is entitled to Rs.30,000/-
under the head of loss of amenities as against Rs.5,000/-.
Award of compensation under the head of medical expenses,
attendant charges, conveyance, food and diet is unaltered.
Thus, in all, the appellant is entitled to modified compensation
on the following heads:
Pain and suffering Rs. 30,000/-
Medical expenses Rs. 5,000/-
Loss of amenities Rs. 30,000/-
Loss of income during laid-up period Rs. 26,250/-
Food, diet and nourishment charges Rs. 5,000/-
Conveyance Rs. 5,000/-
Attendant charges Rs. 6,000/-
Loss of future income due to disability Rs.1,68,000/-
------------------
Total Rs. 2,75,250/-
------------------
13. Thus, the appellant in MFA No.104111/2019, is
entitled to total compensation of Rs.2,75,250/- as against
Rs.2,07,600/- awarded by the Tribunal.
- 16 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
14. In MFA No.104112/2019, the appellant was aged
about 2 years as on the date of accident. The Tribunal has
assessed his disability at 10% as against 40% assessed by
PW9. This Court on re-appreciation of the medical evidence
available on record, does not find any error with regard to
disability assessed by the Tribunal. Considering the award of
compensation, this Court does not find any ground to interfere
with the award of compensation on the other heads. However,
the appellant is entitled to Rs.26,250/-(8750 x 3) under the
head of loss of income during the laid-up period in addition to
Rs.1,61,000/-.
15. In MFA No.104113/2019, the appellant/injured was
aged about 5 years. The Doctor has assessed disability to the
extent of 45% but the Tribunal assessed the same at 10%. This
Court on re-appreciation of the evidence of PW9 and other
medical evidence available on record is of the considered view
that the Tribunal has justified in assessing the disability at
10%. Hence, the award of compensation by the Tribunal of
Rs.1,61,000/- is just and proper and the same is unaltered.
However, the appellant is entitled to an additional sum of
- 17 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
Rs.26,250/-(8750 x 3) under the head of loss of income
during the laid-up period of the parent of the minor claimant.
16. In MFA No.104114/2019, the appellant/claimant
has sustained following injuries:
i. Cut lacerated wound over frontal region.
ii. Cut lacerated wound right hand region.
iii. Cut lacerated wound near the root of right ring
finger.
iv Loss of teeth on left side and two teeth upper jaw.
v Fracture of distal end of right radius bone
undisplaced.
vi Fracture of nasal bone.
17. This Court taking note of the injuries mentioned at
Ex.P43 and considering the disability certificate and the oral
testimony of PW9, is of the considered view that the Tribunal
has assessed disability to the extent of 10% as against 35%
assessed by the Doctor. This Court is of the considered view
that assessment of disability by the Tribunal at 10% is just and
proper. This Court re-assesses the notional income of the
appellant/injured at Rs.8,750/- per month placing reliance on
notional income chart prepared by the KSLSA. Thus, the
appellant/claimant would be entitled to modified compensation
on the head of loss of future income due to disability as under:
8,750 x 12 x 18 x 10% = Rs.1,89,000/-
- 18 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
18. However, the appellant/claimant is entitled to an
additional sum of Rs.10,000/- under the head of pain and
sufferings and Rs.26,250/-(8750 x 3) under the head of loss
of income during the laid-up period as against Rs.8,000/- and
additional sum of Rs.25,000/- under the head of loss of
amenities. The award of compensation on other heads is
unaltered. Thus, in all, the appellant is entitled to modified
compensation on the following heads:
Pain and suffering Rs. 30,000/-
Medical expenses Rs. 42,390/-
Loss of amenities Rs. 30,000/-
Loss of income during laid-up period Rs. 26,250/-
Food, diet and nourishment charges Rs. 5,000/-
Conveyance Charges Rs. 5,000/-
Attendant charges Rs. 6,000/-
Loss of future income due to disability Rs.1,89,000/-
------------------
Total Rs. 3,33,640/-
------------------
19. Thus, the appellant in MFA No.104114/2019, is
entitled to total compensation of Rs.3,33,640/- as against
Rs.2,54,590/- awarded by the Tribunal.
20. In MFA No.104115/2019, the deceased was aged
about 52 years as on the date of accident and this Court
re-assesses the notional income of the appellant/injured at
Rs.8,750/- per month placing reliance on notional income chart
- 19 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
prepared by the KSLSA. Thus, the claimant would be entitled to
modified compensation under the head of loss of dependency:
Rs.8,750 +10% x 12 x 11 x 2/3 = 8,47,000/-
21. All the appellants are entitled to the compensation
of Rs.44,000/- each under the head of loss of consortium,
Rs.16,500/- under the head of loss of estate and
Rs.16,500/- under the head of transportation of dead body
and funeral expenses including 10% escalation. The appellants
are entitled to Rs.13,356/- towards the medical expenses.
22. Thus, the claimant would be entitled to total
compensation on the following heads:
HEADS AMOUNT (in
Rs.)
Towards loss of Dependency 8,47,000/-
Towards transportation and funeral 16,500/-
expenses
Towards loss of Consortium (44,000x3) 1,32,000/-
Towards loss of estate 16,500/-
Towards medical expenses 13,356/-
Total 10,25,356/-
23. Thus, the claimant shall be entitled to total
compensation of Rs.10,25,356/- as against
Rs.11,19,000/- awarded by the learned Tribunal.
- 20 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
24. In MFA No.104116/2019, the appellant/claimant
has sustained following injuries:
i. Abrasion on left leg.
ii. Tenderness on pubic ramus.
iii. Tenderness deformity on right thigh.
25. PW9 has examined him and issued disability
certificate to the extent of 40%. The Doctor has reassessed the
same at 10%. This Court on re-appreciation of oral testimony of
PW9 and taking note of the injuries referred supra, is of the
considered view that the Tribunal has justified in assessing
disability at 10%, which does not call for any modification. This
Court re-assesses the notional income of the appellant/injured
at Rs.8,750/- per month placing reliance on notional income
chart prepared by the KSLSA. Thus, the appellant/claimant
would be entitled to modified compensation on the head of loss
of future income due to disability as under:
Rs.8,750 x 12 x 16 x 10% = Rs.1,68,000/-
26. This Court taking note of the injuries referred supra
awards additional sum of Rs.10,000/- under the head of pain
and sufferings. The appellant is entitled to Rs.26,250/-
(8,750x3) as against Rs.8,000/- under the head of loss of
- 21 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
income during laid-up period and additional sum of
Rs.25,000/- under the head of loss of amenities. Insofar as
award of compensation on the other heads are unaltered. Thus,
in all, the appellant is entitled to modified compensation on the
following heads:
Pain and suffering Rs. 30,000/-
Medical expenses Rs. 5,000/-
Loss of amenities Rs. 30,000/-
Loss of income during laid-up period Rs. 26,250/-
Food, diet and nourishment charges Rs. 5,000/-
Conveyance Rs. 5,000/-
Attendant charges Rs. 6,000/-
Loss of future income due to disability Rs.1,68,000/-
------------------
Total Rs. 2,75,250/-
------------------
27. Thus, the appellant in MFA No.104116/2019, is
entitled to total compensation of Rs.2,75,250/- as against
Rs.2,07,600/- awarded by the Tribunal.
28. In MFA No.104117/2019, the appellant/claimant
has sustained following injuries:
i. Tenderness contusion over right shoulder.
ii. Tenderness deformity over right leg.
iii. Abrasion on left leg.
29. PW9 has examined the injured and assessed the
disability at 40% and the Tribunal has assessed the disability at
10%. This Court considering the nature of injuries suffered by
the appellant/claimant and oral testimony of PW9 and other
- 22 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
medical evidence available on record finds no justification to
modify the disability assessed by the Tribunal. This Court re-
assesses the notional income of the appellant/injured at
Rs.8,750/- per month placing reliance on notional income chart
prepared by the KSLSA. Thus, the appellant/claimant would be
entitled to modified compensation on the head of loss of future
income due to disability as under:
Rs.8,750 x 12 x 15 x 10% = Rs.1,57,500/-
30. This Court taking note of the injuries referred
supra, awards additional sum of Rs.10,000/- under the head
of pain and sufferings. The appellant is entitled to Rs.26,250/-
(8,750x3) under the head of loss of income during laid-up
period as against Rs.8,000/- and additional sum of
Rs.25,000/- under the head of loss of amenities. Insofar as
award of compensation on other heads are unaltered. The
compensation amount carries interest at the rate of 6% per
annum. Thus, in all, the appellant is entitled to modified
compensation on the following heads:
- 23 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
Pain and suffering Rs. 30,000/-
Medical expenses Rs. 5,000/-
Loss of amenities Rs. 30,000/-
Loss of income during laid-up period Rs. 26,250/-
Food, diet and nourishment charges Rs. 5,000/-
Conveyance Rs. 5,000/-
Attendant charges Rs. 6,000/-
Loss of future income due to disability Rs.1,57,500/-
------------------
Total Rs. 2,64,750/-
------------------
31. Thus, the appellant in MFA No.104117/2019, is
entitled to total compensation of Rs.2,64,750/- as against
Rs.1,98,000/- awarded by the Tribunal.
32. In MFA No.104118/2019, the appellant/claimant
has sustained following injuries as per Ex.P95 as under:
i. Multiple abrasion right leg.
ii. Tenderness on right forearm.
iii. Contusion on renderness on right leg.
33. Considering the nature of injuries, Doctor has
assessed disability at 35% and the Tribunal has assessed it at
10%. This Court taking note of the injuries suffered referred
supra and oral testimony of PW9 and other medical evidence
available on record, is of the considered view that the
assessment of disability by the Tribunal does not call for any
modification. This Court re-assesses the notional income of the
- 24 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
appellant/injured at Rs.8,750/- per month placing reliance on
notional income chart prepared by the KSLSA. Thus, the
appellant/claimant would be entitled to modified compensation
on the head of loss of future income due to disability as under:
Rs.8,750 x 12 x 16 x 10% = Rs.1,68,000/-
34. This Court taking note of the injuries referred
supra, awards additional sum of Rs.10,000/- under the head
of pain and sufferings, additional sum of Rs.25,000/- under
the head of loss of amenities. The appellant is entitled to
Rs.26,250/- (8,750x3) under the head of loss of income
during laid-up period as against Rs.8,000/-. Insofar as award of
compensation on other heads are unaltered. Thus, in all, the
appellant is entitled to modified compensation on the following
heads:
Pain and suffering Rs. 30,000/-
Medical expenses Rs. 5,000/-
Loss of amenities Rs. 30,000/-
Loss of income during laid-up period Rs. 26,250/-
Food, diet and nourishment charges Rs. 5,000/-
Conveyance charges Rs. 5,000/-
Attendant charges Rs. 6,000/-
Loss of future income due to disability Rs.1,68,000/-
------------------
Total Rs. 2,75,250/-
------------------
- 25 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
35. Thus, the appellant in MFA No.104118/2019, is
entitled to total compensation of Rs.2,75,250/- as against
Rs.2,07,600/- awarded by the Tribunal.
36. The entire compensation amount in all claim
petitions shall carry interest at 6% per annum from the date of
petition till date of realization.
37. For the aforementioned reasons, this Court
proceeds to pass the following:
ORDER
a) All the appeals filed are allowed in part.
b) The impugned common judgment and award
of the Tribunal is modified holding that the
appellant in MFA No.104111/2019 (MVC
No.1090/2017) is entitled to total
compensation of Rs.2,75,250/- as against
Rs.2,07,600/- awarded by the Tribunal; the
appellant in MFA No.104112/2019 (MVC
No.1091/2017) is entitled to total
compensation of Rs.1,87,250/- as against
Rs.1,61,000/- awarded by the Tribunal; the
appellant in MFA No.104113/2019 (MVC
No.1092/2017) is entitled to total
compensation of Rs.1,87,250/- as against
Rs. 1,61,000/- awarded by the Tribunal; the
- 26 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
appellant in MFA No.104114/2019 (MVC No.
1093/2017) is entitled to total
compensation of Rs.3,33,640/- as against
Rs.2,54,590/- awarded by the Tribunal; the
appellant in MFA No.104115/2019 (MVC
No.1094/2017) is entitled to total
compensation of Rs.10,25,356/- as against
Rs.11,19,000/- awarded by the Tribunal; the
appellant in MFA No.104116/2019 (MVC No.
1095/2017) is entitled to total
compensation of Rs.2,75,250/- as against
Rs.2,07,600/- awarded by the Tribunal; the
appellant in MFA No.104117/2019 (MVC No.
1096/2017) is entitled to total
compensation of Rs.2,64,750/- as against
Rs.1,98,000/- awarded by the Tribunal; the
appellant in MFA No.104118/2019 (MVC No.
1097/2017) is entitled to total
compensation of Rs.2,75,250/- as against
Rs.2,07,600/- awarded by the Tribunal
c) The entire compensation amount, in all the
above appeals filed by the claimants, shall
carry interest at the rate of 6% per annum
from the date of petitions till date of
realization.
d) The appellant/Corporation, shall deposit the
entire compensation amount with accrued
- 27 -
NC: 2024:KHC-D:6334
MFA No. 103978, c/w MFA Nos. 103979, 103980,
103981, 103982, 103983, 103984, 103985 of 2018,
And MFA Nos.104111, 104112, 104113, 104114,
104115, 104116, 104117, 104118 of 2019.
interest before the Tribunal within a period of
six weeks from the date of receipt of certified
copy of this judgment.
e) The enhanced compensation amounts shall be
released in favour of the respective
appellants/injured on proper identification.
f) The appellant/Corporation is at liberty to
recover the compensation amount from the
owner of the offending vehicle as held supra.
g) Needless to observe that the registry, while
drawing the award, shall take note that the
appellants/injured, wherever it is applicable,
shall not be entitled to an interest for the
delayed period in filing the appeals.
h) Draw modified awards accordingly.
i) The apportionment, deposit and disbursement of
enhanced compensation shall be made as per
award of the Tribunal.
j) Amount in deposit in all the appeals by the
Corporation shall be transmitted back to the
Tribunal for disbursement.
Sd/-
JUDGE
RKM
Ct-an
