Karnataka High Court
Ramu Dabakke S/O Lakshman Rao Dobbakki vs Ali Basha S/O Ali Sab on 15 April, 2024
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NC: 2024:KHC-D:6357
MFA No. 104163 of 2017
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. 104163 OF 2017 (MV-I)
BETWEEN:
RAMU DABAKKE S/O. LAKSHMAN RAO DOBBAKKI,
AGE: 36 YEARS, OCC: WORKING IN JINDAL,
TORANAGAL, R/O. BAVINAKATTI ONI,
SOUNDATTI TALUK, BELAGAVI DISTRICT,
PRESENTLY RESIDING C/O. PANDURANGA NIKKAR,
KHB COLONY, BALLARI ROAD, HOSAPETE-583201.
...APPELLANT
(BY SRI. M. AMAREGOUDA, ADVOCATE)
AND:
1. ALI BASHA S/O. ALI SAB,
AGE: 52 YEARS, OCC: DRIVER OF KSRTC BUS
BEARING REGN.NO.KA-34/F-812,
R/O. NEAR JANDA KATTE,
AJADNAGAR, HOSAPETE-583201.
2. THE DIVISIONAL MANAGER,
Digitally signed NEKRTC, BALLARI-583101.
by JAGADISH T
R
3. THE DIVISIONAL CONTROLLER,
Location: HIGH
COURT OF NEKSRTC, HOSAPETE-583201.
KARNATAKA
...RESPONDENTS
(BY SRI. S. C. BHUTI, ADV. FOR R2 & R3,
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
21/12/2016 PASSED BY THE COURT OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, AT HOSAPETE, IN M.V.C NO.1144/2012 AND
ENHANCE THE COMPENSATION BY RS.3,57,300/- IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6357
MFA No. 104163 of 2017
JUDGMENT
Though this appeal is listed for admission, with the
consent of the learned counsel for parties, it is taken up
for final disposal.
2. This appeal is filed by the injured/claimant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 21.12.2016 passed in
MVC.No.1144/2012 by the Addl. Senior Civil Judge &
JMFC., Hospet (for short, 'Tribunal').
3. Heard Sri. M.Amaregouda, learned counsel
appearing for the appellant/claimant and Sri. S.C.Bhuti,
learned counsel appearing for the respondents No.2 and
3/Corporation.
4. Learned counsel appearing for the
appellant/claimant submits that the Tribunal has
committed grave error in assessing the income as well as
disability of the appellant/injured. He submits that the
award of compensation on all the other heads is also on
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the lower side and seeks for enhancement of the same.
Thus, he seeks to allow the appeal.
5. Per contra, learned counsel appearing for
respondents No.2 and 3/Corporation supports the
impugned judgment and award of the Tribunal and
submits that the assessment of compensation by the
Tribunal is just and fair and does not call for any
enhancement. Thus, he seeks to dismiss the appeal.
6. I have heard the arguments of the learned
counsel appearing for the appellant/claimant and learned
counsel appearing for respondents No.2 and
3/Corporation. Meticulously perused the material available
on record.
7. It is not in dispute that the appellant/claimant
met with a road accident on 12.01.2010 and sustained
fracture of 9th and 10th chest ribs on the left side.
Considering the evidence available on record, the Tribunal
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has rightly assessed the disability at 5%, which does not
call for any modification.
8. This Court reassesses the income of the
appellant notionally at Rs.5,500/- per month placing
reliance on the notional income chart prepared by the
Karnataka State Legal Services Authority. There is no
dispute with regard to application of multiplier as '16'.
Thus, loss of future income due to disability is recomputed
as under:
Rs.5,500/- (income) x 12(months) x 16 (multiplier) x 5%
(disability) = Rs.52,800/-
9. The appellant is also entitled to Rs.40,000/-
under the head of 'pain and suffering', Rs.30,000/- under
the head of 'loss of amenities' and Rs.15,000/- under the
head of 'food, nourishment, special diet, conveyance and
attendant charges'. Insofar as the award of compensation
under the head of medical expenses/hospital bills is
concerned, the same is unaltered.
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10. The appellant is entitled to Rs.16,500/-
(i.e.Rs.5,500 X 3 months) under the head of 'loss of
income during laid-up-period'. Thus, in all, the claimant
shall be entitled to modified compensation under the
following heads:
HEADS AMOUNT
(in Rs.)
Loss of future income due to disability 52,800/-
Towards pain and suffering 40,000/-
Loss of amenities 30,000/-
Loss of income during laid-up-period 16,500/-
Food, nourishment, special diet, conveyance 15,000/-
and attendant charges
Medical expenses 22,200/-
Total 1,76,500/-
Thus, the claimant shall be entitled to total
compensation of Rs.1,76,500/- as against Rs.1,42,700/-
awarded by the learned Tribunal.
11. In the result, this Court proceeds to pass the
following:
ORDER
a) Appeal stands allowed in part.
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b) The impugned judgment and award of the
Tribunal is modified to an extent that the
claimant would be entitled to total
compensation of Rs.1,76,500/- as against
Rs.1,42,700/- awarded by the Tribunal.
c) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till the date of
payment.
d) The respondent No.3/Corporation shall
deposit the enhanced compensation amount
with accrued interest before the Tribunal
within a period of six weeks from the date of
receipt of certified copy of this judgment.
e) On such deposit, the same shall be released
in favour of the claimant/injured.
f) Registry to transmit the records, if any, to
the Tribunal forthwith.
g) Needless to say that the claimant shall not
be entitled to any interest on the enhanced
compensation for the delayed period.
Registry to take note of the same while
drawing award.
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h) Draw modified award accordingly.
Sd/-
JUDGE
RH
Ct-an
