Karnataka High Court
The Divisional Controller vs Sri.Santosh @ Snathoshkumar S/O ... on 4 April, 2024
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NC: 2024:KHC-D:6122
MFA No. 100386 of 2016
C/W MFA No. 103500 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100386 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 103500 OF 2016 (MV-I)
IN MFA NO. 100386 OF 2016
BETWEEN:
THE DIVISIONAL CONTROLLER,
RAMANAGAR DIVISION, RAMANAGAR,
(OWNER & SELF INSURER OF KSRTC,
BUS BEARING NO.KA 42/F.1316),
BY ITS, REPRESENTATIVE,
CHIEF LAW OFFICE, NWKRTC CENTRAL OFFICE,
GOKUL ROAD, HUBLI.
...APPELLANT
(BY SRI. CHANDRASHEKHAR B. PATIL, ADVOCATE)
AND:
Digitally signed
by ROHAN
HADIMANI T SRI. SANTOSH @ SANTHOSHKUMAR
Location: HIGH
COURT OF S/O. VASAPPA @ VEERAPPA GONDAKAR,
KARNATAKA
AGE: 21 YEARS, OCC: BUSINESS,
R/O. MARUTINAGAR, RANEBENNUR,
TQ: RANEBENNUR, DIST: HAVERI.
...RESPONDENT
(BY SRI. G. N. NARASAMMANAVAR, ADVOCATE)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 23.09.2015 PASSED IN MVC
NO.928/2013 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND
MEMBER MACT, RANEBENNUR, AWARDING THE COMPENSATION OF
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NC: 2024:KHC-D:6122
MFA No. 100386 of 2016
C/W MFA No. 103500 of 2016
RS.1,80,700/- WITH INTEREST AT THE RATE OF 7% P.A. FROM THE
DATE OF PETITION TILL ITS REALIZATION.
IN MFA NO. 103500/2016
BETWEEN:
SANTHOSH S/O. SANTHOSHKUMAR,
S/O. VASAPPA @ VEERAPPA GONDAKA,
AGE: 22 YEARS, OCC: BUSINESS,
R/O. MARUTINAGAR,
RANEBENNUR, TQ: RANEBENNUR,
DIST: HAVERI, PIN-581115.
...APPELLANT
(BY SRI. G. N. NARASAMMANAVAR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
RAMANAGAR DIVISION,
RAMANAGAR, PIN-562159,
(OWNER AND SELF-INSURER OF THE
KSRTC BUS BEARING REG. NO. 42/F-1316).
...RESPONDENT
(BY SRI. CHANDRASHEKHAR B. PATIL, ADVOCATE)
THIS MFA IS FILED U/S. 173(1) OF MOTOR VEHICLE ACT
1988, AGAINST THE JUDGMENT AND AWARD DATED 23.09.2015
PASSED IN MVC NO.928/2013 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS
TRIBUNAL AT RANEBENNUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:6122
MFA No. 100386 of 2016
C/W MFA No. 103500 of 2016
JUDGMENT
Though these appeals are listed for admission, with the
consent of learned counsel for the parties, they are taken up
for final disposal.
2. MFA No.100386/2016 is filed by the Corporation
challenging the quantum of compensation, whereas MFA
No.103500/2016 is filed by the injured/claimant seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 23.09.2015 passed in MVC
No.928/2013 on the file of the Principal Senior Civil Judge and
MACT, Ranebennur (for short, 'Tribunal').
3. Heard the learned counsel Sri. C.B. Patil for the
appellant/Corporation and learned counsel Sri. G.N.
Narasammanavar for the appellant/claimant.
4. Sri. C.B. Patil, learned counsel for the
appellant/Corporation submits that the Tribunal has committed
an error in assessing the disability and awarded exorbitant
compensation under the heads of pain and suffering, loss of
amenities and other heads. Hence, he seeks to re-assess the
same appropriately by allowing the appeal filed by the insurer.
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5. Per contra, learned counsel Sri.G.N.
Narasammanavar for the appellant/claimant submits that the
Tribunal committed an error in assessing the income, disability
of the appellant/claimant and award of compensation by the
Tribunal under the other heads are on the lower side, hence, he
seeks enhancement of the same appropriately by considering
the evidence available on record. Hence, he seeks to allow the
appeal of the claimant.
6. Heard the learned counsel for the parties and
perused the material available on record.
7. In a road accident occurred on 15.07.2013, the
appellant sustained fracture of left scophio wrist and fracture of
left tibia. In order to prove the claim, the injured entered
witness box and examined one doctor as PW2, who has issued
Disability Certificate at Ex.P11 by assessing the disability of the
claimant at 40%. This Court on appreciation of oral testimony
of PW2 and keeping in mind Ex.P6-Wound Certificate, Ex.P10-
Discharge Card and Ex.P11-Disability Certificate, is of the
considered view that it would be just and appropriate to assess
the disability of the appellant/claimant at 14%. Admittedly, the
NC: 2024:KHC-D:6122
appellant/claimant has not placed any evidence with regard to
the income. Hence, this Court assesses the notional income of
the appellant/claimant at Rs.7,000/- per month, placing
reliance on notional income chart prepared by the KSLSA.
There is no dispute with regard to age of the appellant as 19
years and appropriate multiplier of 18. Hence, the appellant is
entitled to compensation under the head of loss of future
income due to disability as under:
Rs.7,000 x 12 x 18 x 14% = Rs.2,11,680/-
8. Taking note of oral testimony of PW2 and other
medical evidence available on record, this Court re-assesses
the compensation as under:
Pain and suffering Rs. 40,000/-
Medical expenses Rs. 20,700/-
Diet, nourishment & attendant Rs. 15,000/-
Loss of income during laid-up period Rs. 21,000/-
Loss of amenities Rs. 30,000/-
Loss of future income due to disability Rs.2,11,680/-
------------------
Total Rs.3,38,380/-
------------------
9. Thus, the appellant/claimant is entitled to total
compensation of Rs.3,38,380/- as against Rs.1,80,700/-
awarded by the Tribunal.
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10. In the result, I proceed to pass the following:
ORDER
a) Appeal filed by the Corporation stands
dismissed as devoid of merit.
b) Appeal filed by the claimant stands partly
allowed.
c) The impugned judgment and award of the
Tribunal is modified to an extent that the
appellant/claimant is entitled to total
compensation of Rs.3,38,380/- as against
Rs.1,80,700/- awarded by the Tribunal.
d) The enhanced compensation amount shall
carry interest at the rate of 6% per annum
from the date of petition till realization.
e) The appellant/insurance company shall
deposit the enhanced compensation
amount with accrued interest before the
Tribunal within six weeks from the date of
receipt of certified copy of this judgment.
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f) Apportionment, deposit, disbursement shall
be made as per award of the Tribunal.
g) The amount in deposit, if any, shall be
transmitted to the Tribunal forthwith.
h) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
