Karnataka High Court
Smt. Vijayalakshmi K. N vs The Managing Director on 5 April, 2024
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NC: 2024:KHC:14404
MFA No. 6304 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 6304 OF 2017 (MV-I)
BETWEEN:
SMT. VIJAYALAKSHMI K. N.
W/O. LATE NARAYANAPPA K.N.
AGED ABOUT 42 YEARS
R/AT NO.15/11, 1ST MAIN
2ND CROSS, SAMPIGE LAYOUT
BANGALORE NORTH
BANGALORE-560 040 ...APPELLANT
(BY SRI.R.VENKATESH NAIDU, ADV. FOR
SRI. SRIDHAR D S., ADV.)
AND:
THE MANAGING DIRECTOR
K.S.R.T.C., CENTRAL OFFICES
K. H. ROAD, SHANTHINAGAR
BANGALORE-560 027 ...RESPONDENT
(BY SMT. H.R.RENUKA, ADV.)
Digitally signed by THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
HARIKRISHNA V AGAINST THE JUDGMENT AND AWARD DATED 18.02.2017
Location: HIGH COURT PASSED IN MVC NO.2195/2015 ON THE FILE OF THE XXII
OF KARNATAKA ADDITIONAL SMALL CAUSES JUDGE, & XX ACMM,
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:14404
MFA No. 6304 of 2017
JUDGMENT
In this appeal, the petitioner has challenged the
judgment and award dated 18.02.2017 in
M.V.C.No.2195/2015 passed by the XXII Additional
Small Causes Judge, Bengaluru (SCCH-24) ('the
Tribunal' for short).
2. For the sake of convenience, the parties shall
be referred to as per their status before the Tribunal.
3. Brief facts of the case are, on 08.05.2015 at
about 11.00 a.m., while the petitioner was travelling in
KSRTC bus bearing registration No.KA-40/F-755 from
Bangalore to Gowribidanur on Bangalore-
Doddaballapura Main Road near Marasandra, the
KSRTC bus hit against the lorry bearing registration
No.KA-51-8899 came from opposite direction, due to
which, the petitioner sustained facial and dental
injuries. The driver of the KSRTC bus was
prosecuted in Crime No.66/2015 for actionable
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negligence by Rajanukunte Police. After taking
treatment, the petitioner approached the Tribunal for
grant of compensation of Rs.5,00,000/-.
3.1. Claim was opposed by the KSRTC. The
Tribunal after holding enquiry and by hearing both
parties allowed the claim petition and awarded
compensation of Rs.1,42,400/- as follows:
Sl. Amount (Rs.)
No. Particulars
1. Pain & Suffering 15,000/-
2. Medical expenses 42,377/-
3. Food and nourishment expenses, 15,000/-
attendant charges and
conveyance charges
4. Loss of income during the period 10,000/-
of treatment
4. Loss of future earnings 45,000/-
5. Loss of amenities of life 15,000/-
Total 1,42,377/-
Rounded off to
Rs.1,42,400/-
Pleading inadequacy and seeking enhancement, the
petitioner has filed this appeal on various grounds.
4. Heard the arguments of Sri.R.Venkatesh
Naidu, learned counsel on behalf of Sri.D.S.Sridhar,
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learned counsel on record for the petitioner and
Smt.H.R.Renuka, learned counsel for the KSRTC.
5. It is the contention of learned counsel for the
petitioner that the petitioner has suffered fracture of
mandible with loosing of four teeth, being a lady, she
is unable to chew food, which is affecting her earning
capacity. Through PW-2, the treated Doctor, though
evidence is placed before the Tribunal, the Tribunal has
not considered the disability properly, taken income at
Rs.5,000/- and 5% disability and assessed Rs.45,000/-
towards loss of future earning. The petitioner has also
produced estimate for future treatment of the
petitioner, same is not considered by the Tribunal, the
compensation awarded under different heads is
inadequate and sought for enhancement of
compensation.
6. Per contra, learned counsel for the KSRTC
has contended that the petitioner has suffered
fracture of mandible with loosing of 2 teeth.
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Fracture of mandible in no way affects the earning
capacity of the petitioner. The Tribunal committed an
error in awarding future loss of income. The accident
is of the year 2015. Estimation was produced during
the period of treatment, no bills were produced.
Hence, the petitioner is not entitled for future medical
expenses. Interest awarded at 8% per annum is on
higher side, compensation awarded under different
heads is also on higher side and he supported the
impugned judgment and award.
7. I have given my anxious consideration to the
arguments addressed on behalf of the parties and also
perused the records.
8. The material on record points out that there
was an accident involving KSRTC bus and lorry in
which the petitioner sustained injuries. Ex.P6/wound
certificate points out that the petitioner has suffered
multiple injuries on the face, which are simple in
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nature and one injury i.e., lower incisor loose, mobile
and painful when touched and two gum region injury.
The discharge summary points out fracture of Anterior
Mandible. The discharge summaries at Exs.P7 and P8
point out that the petitioner was hospitalized in two
different hospitals, two days in Navachethana Hospital
and five days in Punasru Ortho Centre. The medical
bills produced as per Ex.P10 point out Rs.42,377/- has
been spent, same is considered by the Tribunal. Ex.P9
is the estimate issued by Pragathi Dental Care
indicating that the petitioner may require Rs.57,000/-
towards future medical expenses. In view of the
accident being not in dispute, the petitioner is entitled
to claim compensation.
9. The petitioner has suffered facial injury due to
fracture of anterior mandible and loosening of two
teeth, which requires proper treatment. The Tribunal
has awarded compensation of Rs.15,000/-each
towards pain and suffering and loss of
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amenities, which is inadequate. Petitioner is entitled to
Rs.40,000/- each under the said heads. The Tribunal
has awarded attendant charges, food and nourishment
and conveyance charges at Rs.15,000/-; the same
may be kept intact. The petitioner is a lady aged 42
years and in the year 2015 being a house-maker, her
notional income has to be taken not less than
Rs.9,000/- per month. Because of the facial injury,
she might not be able to attend to her work for two
months. Hence, loss of income during laid up period is
awarded at Rs.18,000/-. The evidence of doctor/PW-2
also does not indicate the disability suffered to the
denture. The evidence on record failed to explain as to
how this denture injury is going to affect earning
capacity of the petitioner. Hence, loss of
future earning assessed by the Tribunal at
Rs.45,000/- cannot be considered. With regard to
assessment for future treatment, it is proper to award
future medical expenses at Rs.25,000/-.
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Hence, the petitioner is entitled to total compensation
as follows:
Amount (Rs.)
Sl.
Particulars
No.
1. Pain & Suffering 40,000/-
2. Medical expenses 42,377/-
3. Food and nourishment expenses, 15,000/-
attendant charges and
conveyance charges
4. Loss of income during the period 18,000/-
of treatment
4. Loss of future earnings 25,000/-
5. Loss of amenities of life 40,000/-
Total
1,80,277/-
Less: Awarded by the Tribunal
1,42,400/-
Enhanced by 37,877/-
rounded off to
Rs.38,000/-
10. Insofar as rate of interest is concerned, since
KSRTC has not filed any appeal challenging the same,
it is not proper to interfere with the rate of interest
awarded by the Tribunal. Hence, insofar as enhanced
compensation is concerned, petitioner is entitled to
interest @ 6% per annum. The appeal
merits consideration accordingly. In the result, the
following:
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ORDER
(i) The appeal is partly allowed.
(ii) The appellant/petitioner is awarded
enhanced compensation of Rs.38,000/-
with interest at 6% p.a. on the enhanced
compensation excluding for the delayed
period of 65 days in filing the appeal.
(iii) The KSRTC is directed to deposit the
compensation within eight weeks from
the date of receipt of certified copy of the
judgment.
(iv) Office to transmit the records to the
Tribunal forthwith.
Sd/-
JUDGE
KNM
CT:HS
