Karnataka High Court
Smt. Mahadevi W/O Mallikarjun ... vs The Managing Director on 18 April, 2024
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NC: 2024:KHC-K:3093
MFA No. 201281 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 201281 OF 2017 (MV-I)
BETWEEN:
SMT. MAHADEVI
W/O MALLIKARJUN SULTANPUR,
AGE: 48 YEARS,
OCC: LABOUR & HOUSEHOLD AFFAIRS,
R/O. H.NO.1-891/70/64,
CORPORATION LAYOUT,
OPP. VENKATGIRI HOTEL,
KALABURAGI-585 104.
...APPELLANT
(BY SRI NARESH V. KULKARNI, ADVOCATE)
AND:
Digitally
signed by
SACHIN THE MANAGING DIRECTOR,
Location:
HIGH COURT NORTH EAST KARNATAKA
OF
KARNATAKA ROAD TRANSPORT CORPORATION,
SARIGE SADAN,
OPP. KBN HOSPITAL,
MAIN ROAD, KALABURAGI-585 102.
...RESPONDENT
(BY SRI SUBHASH MALLAPUR, ADVOCATE)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
ALLOW THE APPEAL BY MODIFYING THE IMPUGNED JUDGMENT
AND AWARD DATED 01.08.2016 PASSED BY THE SENIOR CIVIL
JUDGE AND MACT AT KALABURAGI IN MVC NO.707/2013 AND
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NC: 2024:KHC-K:3093
MFA No. 201281 of 2017
CONSEQUENTLY BE PLEASED TO ENHANCE THE
COMPENSATION FROM RS.2,84,042/- TO RS.16,00,000/- WITH
INTEREST @ 9% PER ANNUM FROM THE DATE OF PETITION
TILL ITS REALIZATION, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Naresh V.Kulkarni, learned counsel for the
appellant as well as Sri Subhash Mallapur, learned counsel
appearing for respondent.
2. Disputing the quantum that is awarded as
compensation by the Motor Accident Claims Tribunal,
Kalaburagi through orders in M.V.C.No.707/2013 dated
01.08.2016, the present appeal is preferred by the
claimant.
3. As against the claim for Rs.16,00,000/- the
Tribunal through the impugned order awarded a sum of
Rs.2,84,042/- as compensation. Arguing the matter,
Sri Naresh V.Kulkarni submits that the appellant sustained
grievous injuries due to the accident and became disabled.
Learned counsel states that the appellant examined PW.2
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who assessed the disability and PW.2 deposed that the
disability in respect of lower limb and whole body is 36%
but the Tribunal took the disability as 12% which is
erroneous. Learned counsel also states that though the
appellant has established that she was shifted from United
Hospital, Kalaburagi to Kothadia Nursing Home, Solapur in
an ambulance and though the bill pertaining to payment of
amount for hiring the ambulance is produced, the Tribunal
failed to entertain the said bill and therefore the same
aspect needs consideration. On the other hand, the
submission that is made by Sri Subhash Mallapur is that
the compensation awarded by the Tribunal under all heads
is just and reasonable.
4. The Tribunal took the notional income as
Rs.4,500/-. As per the version of the appellant, by doing
work as labourer and by attending household work she
was earning Rs.9,000/- per month. The Karnataka State
Legal Services Authority is taking the notional income as
Rs.7,000/- per month in respect of the accidents that
NC: 2024:KHC-K:3093
occurred in the year 2013. Therefore, this Court considers
desirable to take the said figure into consideration for
calculating the compensation.
5. On going through the entire material that is
brought on record, this Court is of the view that the
assessment of disability as 12% in respect of whole body
is not erroneous. The appellant sustained comminuted
displaced fracture of posterior wall of left acetabular. As
per the material that is brought on record, the appellant
was aged about 46 years by the date of accident.
Therefore, the appropriate multiplier to be applied as per
the decision of the Hon'ble Apex Court in the case of Sarla
Verma (Smt.) and others vs. Delhi Transport
Corporation and another reported in (2009) 6 SCC
121 is '13'. Also 25% of the actual earnings have to be
added as future prospects. Therefore, the loss of earnings
due to permanent disability would be Rs.1,63,800/-
(Rs.7000+25%x12x13x12%).
NC: 2024:KHC-K:3093
6. Having considered the nature of injuries
sustained and the extensive treatment taken, this Court is
of the view that the amount awarded under all other heads
except medical expenses needs marginal enhancement.
Therefore, just compensation which the appellant is
entitled to is as under :-
Sl. Compensation awarded by
Heads
No. Tribunal This Court
1. Towards pain and Rs.35,000/- Rs.50,000/-
suffering
2. Towards loss of amenities Rs.10,000/- Rs.20,000/-
and enjoyment in life
3. Towards loss of future Rs.90,720/- Rs.1,63,800/
income -
4. Towards medical Rs.1,29,822/ Rs.1,29,822/
expenses - -
5. Towards attendant's Rs.5,000/- Rs.20,000/-
charges, food,
nourishment and
conveyance expenses
6. Towards loss of income Rs.13,500/- Rs.21,000/-
during period of
treatment
Total Rs.2,84,042/-
Rs.2,84,042/- Rs.4,04,622/-
Rs.4,04,622/-
7. Thus, in light of the foregoing discussion, the
following :
ORDER
i) The appeal is allowed in part.
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ii) The amount awarded as compensation by
the Motor Accident Claims Tribunal,
Kalaburagi through orders in
M.V.C.No.707/2013 dated 01.08.2016 is
enhanced from Rs.2,84,042/- to
Rs.4,04,622/-.
iii. The enhanced amount shall carry interest
at the rate of 6% p.a. from the date of
petition till the date of deposit.
iv. The second respondent is directed to
deposit the enhanced amount with interest
within a period of eight weeks from the
date of receipt of copy of this order.
v. On such deposit, the appellant is permitted
to withdraw the entire amount.
Sri Subhash Mallapur, learned counsel is granted
time for a week to file Vakalath.
Sd/-
JUDGE
SN
