Karnataka High Court
The Depot Manager vs Smt. Nirmala W/O. Irappa Bolannavar on 15 April, 2024
-1-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102023 OF 2021 (MV-I)
C/W
MFA NOS.100753, 102033, 102034, 100750, 100752
OF 2021
IN MFA NO.102023/2021
BETWEEN:
SMT. NIRMALA W/O. IRAPPA BOLANNAVAR,
AGE: 33 YEARS, OCC: AGRICULTURE, NOW NIL,
R/O. JALIKOPPA, TQ: BAILHONGAL,
DIST: BELAGAVI, PIN-591102.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
Digitally signed
by ROHAN THE DEPOT MANAGER,
HADIMANI T
NWKRTC/KSRTC, BAILHONGAL DEPOT,
Location: HIGH
COURT OF AT: BAILHONGAL, TQ: BAILHONGAL,
KARNATAKA DIST: BELAGAVI.
...RESPONDENT
(BY SRI. M. C. HUKKERI, ADVOCATE)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.02.2021 PASSED
IN MVC NO.864/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
-2-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
IN MFA NO. 100753/2021
THE DEPOT MANAGER,
N.W.K.R.T.C, BAILHONGAL DEPOT,
BAILHONGAL, REPRESENTED BY
CHIEF LAW OFFICER,
NWKRTC, CENTRAL OFFICE,
HUBBALLI-580028.
...APPELLANT
(BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
SMT. NIRMALA W/O. IRAPPA BOLANNAVAR,
AGE: 33 YEARS, OCC: AGRICULTURE, COOLIE,
R/O. JALIKOPPA, TQ: BAILHONGAL,
DIST: BELAGAVI-591104.
...RESPONDENT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.02.2021 PASSED
IN MVC NO.864/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, AWARDING COMPENSATION OF RS.1,64,502/- WITH
INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION.
IN MFA NO.102033/2021
SMT. BASAVVA W/O. MALLIKARJUN BOLANNAVAR,
AGE: 38 YEARS, OCC: AGRICULTURE AND COOLIE,
NOW NIL, R/O. JALIKOPPA, TQ: BAILHONGAL,
DIST: BELAGAVI, PIN-591102.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
THE DEPOT MANAGER,
NWKRTC/KSRTC BAILHONGAL DEPOT,
-3-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
AT: BAILHONGAL, TQ: BAILHONGAL,
DIST: BELAGAVI.
...RESPONDENT
(BY SRI. S. C. BHUTI, ADVOCATE)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.02.2021 PASSED
IN MVC NO.862/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION
IN MFA NO.102034/2021
SMT. NAGAWWA
W/O. BASAVANNEPPA BAGEWADI,
AGE: 48 YEARS, OCC: AGRICULTURE
AND COOLIE, NOW NIL, R/O. JALIKOPPA,
TQ: BAILHONGAL, DIST: BELAGAVI, PIN-591102.
...APPELLANT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
AND:
THE DEPOT MANAGER,
NWKRTC/KSRTC, BAILHONGAL DEPOT,
AT: BAILHONGAL, TQ: BAILHONGAL,
DIST: BELAGAVI.
...RESPONDENT
(BY SRI. S. C. BHUTI, ADVOCATE)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.02.2021 PASSED
IN MVC NO.842/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 100750 OF 2021
BETWEEN:
THE DEPOT MANAGER,
N.WK.R.T.C, BAILHONGAL DEPOT,
BAILHONGAL, REPRESENTED BY
-4-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
CHIEF LAW OFFICER, NWKRTC,
CENTRAL OFFICE, HUBBALLI.
...APPELLANT
(BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
SMT. NAGAVVA W/O. BASAVANNEPPA BAGEWADI,
AGE: 48 YEARS, OCC: AGRICULTURE, COOLIE,
R/O. JALIKOPPA, TQ: BAILHONGAL,
DIST: BELAGAVI-581104.
...RESPONDENT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.02.2021 PASSED
IN MVC NO.842/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, AWARDING COMPENSATION OF Rs.3,57,773/- WITH
INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION
IN MFA NO. 100752 OF 2021
BETWEEN:
THE DEPOT MANAGER,
N.W.K.R.T.C, BAILHONGAL DEPOT, BAILHONGAL,
REPRESENTED BY CHIEF LAW OFFICER, NWKRTC,
CENTRAL OFFICE, HUBBALLI-580028.
...APPELLANT
(BY SRI. M. C. HUKKERI, ADVOCATE)
AND:
SMT. BASAVVA W/O. MALLIKARJUN BOLANNAVAR,
AGE: 38 YEARS, OCC: AGRICULTURE, COOLIE,
R/O. JALIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-581104.
...RESPONDENT
(BY SRI. HANAMANT R. LATUR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 09.02.2021 PASSED
IN MVC NO.862/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE
-5-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, AWARDING COMPENSATION OF Rs.1,59,879/- WITH
INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALISATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
COMMON JUDGMENT
These appeals are arising out of the common judgment
and award dated 9.2.2021 passed in MVC Nos.862, 864 and
842 of 2018 and connected matters on the file of learned
Senior Civil Judge and Addl. MACT, Bailhongal (for short,
'Tribunal').
2. MFA No.102033/2021 is filed by the claimant and
MFA.No.100752/2021 is filed by Corporation arising out of
MVC.No.862/2018.
3. MFA No.102023/2021 is filed by the claimant and
MFA.No.100753/2021 is filed by Corporation arising out of
MVC.No.864/2018.
-6-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
4. MFA No.102034/2021 is filed by the claimant and
MFA.No.100750/2021 is filed by Corporation arising out of
MVC.No.842/2018.
5. Sri.Hanamant R Latur, learned counsel for the
appellants/claimants submits that the Tribunal has committed
grave error in assessing the income and disability of the
appellant/injured in all three appeals and seeks to re-assess
the same. He further submits that the compensation awarded
by the Tribunal on other heads are also on the lower side and
seeks to enhance the same by allowing the appeals.
6. Per contra, Sri.M.C.Hukkeri, learned counsel for the
appellant/Corporation submits that the Tribunal has committed
an error in awarding exorbitant compensation in favour of the
claimants without considering the evidence available on record
in its proper perspective. He further submits that disability
assessed by the Tribunal is on the higher side and contrary to
the injuries sustained by the claimants. He submits that the
Tribunal has erred in awarding interest at the rate of 9% p.a.
in all three appeals and hence, seeks to allow the appeals filed
by the Corporation.
-7-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
7. I have heard the arguments of learned counsel for
the parties and perused the material available on record.
8. It is not in dispute that in a road traffic accident
dated 30.4.2018, the claimants have sustained injuries and
fractures and they have taken treatment at different hospitals.
9. IN MFA.No.102034/2021:
The appellant/claimant sustained fracture of left humerus
and comminuted fracture of right upper both bones of tibia and
fibula. Taking note of the evidence available on record, this
Court re-assesses the disability at 23% for the purpose of
determination of compensation. Further, the
appellant/claimant's income is notionally assessed at
Rs.11,750/- p.m. placing reliance on the chart prepared by
KSLSA.
10. Keeping in mind the injury sustained by the
appellant/claimant and other medical evidence available on
record, this Court re-determines the compensation as under:
-8-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
HEADS AMOUNT
Towards pain and suffering 40,000/-
Towards Medical expenses 81,273/-
Diet, food, nourishment 15,000/-
Loss of future earnings due to disability 4,54,020/-
(11,750 x 12 x 14 x 23 %)
Loss of amenities 50,000/-
Loss of income during laid-up period 23,500/-
(11,750 x 2)
Future medical expenses 30,000/-
Total 6,93,793/-
11. Thus, the claimant shall be entitled to total
compensation of Rs.6,93,793/- as against Rs.3,57,773/-
awarded by the Tribunal.
12. IN MFA.No.102023/2021:
The appellant/claimant sustained fracture of transverse
process of L4 vertebrae and fracture of Talus right side.
Taking note of the evidence available on record, this Court
re-assesses the disability at 12% for the purpose of
determination of compensation. Further, the
appellant/claimant's income is notionally assessed at
-9-
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
Rs.11,750/- p.m. placing reliance on the chart prepared by
KSLSA.
13. Keeping in mind the injury sustained by the
appellant/claimant and other medical evidence available on
record, this Court re-determines the compensation as
under:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 20,902/-
Diet, food, nourishment 15,000/-
Loss of future earnings due to disability 2,87,640/-
(11,750 x 12 x 17 x 12 %)
Loss of amenities 20,000/-
Loss of income during laid-up period 23,500/-
(11,750 x 2)
Total 4,07,042/-
14. Thus, the claimant shall be entitled to total
compensation of Rs.4,07,042/- as against Rs.1,64,502/-
awarded by the Tribunal.
- 10 -
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
15. IN MFA.No.102033/2021:
The appellant/claimant sustained wedge compression
fracture of D12 vertebrae and fracture of 2nd metacarpal left
side. Taking note of the evidence available on record, this
Court re-assesses the disability at 8% for the purpose of
determination of compensation. Further, the
appellant/claimant's income is notionally assessed at
Rs.11,750/- p.m. placing reliance on the chart prepared by
KSLSA.
16. Keeping in mind the injury sustained by the
appellant/claimant and other medical evidence available on
record, this Court re-determines the compensation as under:
HEADS AMOUNT
(in Rs.)
Towards pain and suffering 40,000/-
Towards Medical expenses 21,079/-
Diet, food, nourishment 15,000/-
Loss of future earnings due to disability 1,91,760/-
(11,750 x 12 x 17 x 8 %)
Loss of amenities 30,000/-
Loss of income during laid-up period 23,500/-
(11,750 x 2)
Total 3,21,339/-
- 11 -
NC: 2024:KHC-D:6367
MFA No.102023 of 2021
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
17. Thus, the claimant shall be entitled to total
compensation of Rs.3,21,339/- as against Rs.1,59,879/-
awarded by the Tribunal.
18. In the result, I proceed to pass the following:
ORDER
a) The appeals are allowed in part.
b) The impugned common judgment and award
of the Tribunal is modified to an extent that
the appellants/claimants would be entitled to
aforesaid enhanced compensation along with
interest at the rate of 6% per annum from
the date of petitions till realization.
c) The appellant/Corporation shall deposit the
enhanced compensation amount before the
Tribunal within a period of six weeks from the
date of receipt of certified copy of this
Judgment.
d) On such deposit, the said amount shall be
released in favour of the appellants/injured.
e) The amount in deposit made by the
appellant/Corporation shall be transmitted to
the Tribunal forthwith.
- 12 -
NC: 2024:KHC-D:6367
C/W MFA No.100753 of 2021, MFA No.102033
of 2021, MFA No.102034 of 2021 MFA
No.100750 of 2021, MFA No.100752 of 2021
f) Draw modified award accordingly.
Sd/-
JUDGE
VB/Ct-an
