Karnataka High Court
Kariyappa M.C vs Future General India on 2 August, 2024
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MFA No. 1196 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO. 1196 OF 2014 (MV)
BETWEEN:
1. KARIYAPPA M.C.,
S/O CHOWDAPPA,
AGED ABOUT 46 YEARS,
R/AT NO.449, 1ST MAIN ROAD,
5TH CROSS ROAD, PANCHASHEELA
NAGAR, MUDALA PLAYA,
BANGALORE-560072.
APPELLANT
(BY SRI. HARISHITH .S ADVOCATE FOR SRI. SRIKANTH M)
AND:
1. FUTURE GENERAL INDIA
INSURANCE COMPANY LTD.,
NO.18/1, OLD NO.125/A,
Digitally 3RD FLOOR, ASHOKA PILLAR ROAD,
signed by
BHARATHI S 1ST BLOCK, JAYANAGAR,
Location: BANGALORE-560082.
HIGH
COURT OF 2. M/S MINERVA TOURS AND
KARNATAKA
TRAVELS PVT. LTD.,
NO.25/7, & 8,
MUNIBASAPPA BUILDING,
LALBAGH FORT ROAD,
BANGALORE-560004.
RESPONDENTS
(BY SRI. B PRADEEP FOR R1.,ADVOCATE;
NOTICE TO R2 IS DISPENSED WITH V/O DT 21.02.2022)
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MFA No. 1196 of 2014
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.11.2013 PASSED IN MVC
NO.2045/2012 ON THE FILE OF THE XVI ADDITIONAL JUDGE,
MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION AND ETC,.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
The present appeal is filed by the claimant seeking for
enhancement of the compensation, being dissatisfied with the
quantum of compensation awarded by the judgment and award
dated 07.11.2013 passed in MVC.No.2045/2012 by the Court of
Motor Vehicle Accident Claims Tribunal, Bangalore City1
wherein the Tribunal has awarded a compensation of
`1,97,000/-.
2. The present appeal being one for enhancement of
compensation, the findings of the Tribunal on negligence and
liability having remained un-challenged, the same is not
considered in this judgment.
3. With regard to the quantum of compensation it is
relevant to note that the claimant aged 44 years, who is a
Hereinafter referred to as 'Tribunal'
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BMTC driver, sustained grievous injuries in a road traffic
accident which occurred on 23.08.2011. It is forthcoming from
the wound certificate (Ex.P.5) that the claimant has sustained
comminuted fracture of patella and fracture of right fibula apart
from simple other injuries. It is forthcoming form the discharge
summary (Ex.P.6) that the claimant was treated as an in-
patient from 23.08.2011 to 26.08.2011. The claimant has
undergone a surgery to treat the fracture of the patella and the
fracture of the right fibula has been conservatively treated. The
discharge summary (Ex.P.11) discloses that the claimant was
once again treated as an inpatient from 11.02.2012 till
13.02.2012 when the implant has been removed. The claimant
has examined the Doctor (PW.2) who has deposed regarding
the injuries sustained by the claimant, the treatment
undertaken as well as the disability.
4. The Tribunal noticing the fact that the claimant is a
BMTC driver and had produced 9 salary slips (Ex.P.9) has
recorded a finding that gross salary of the claimant is
`14,346.36/-. It is forthcoming that the salary slip for the
month of August 2011 (Ex.P.9) discloses the gross pay of
`14,346.36/-. For the month of September 2011 the salary slip
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discloses that no salary was paid since he did not report for
work the whole month. The salary slip in the month of October
2011 discloses that only sum of `874/- was paid towards non-
paid daily allowance since he did not report for work the whole
month. The salary slip for the month of November 2011
discloses that the claimant was paid total sum of `43,746/-
being basic pay, arrears of DA and HRA. The salary slip for the
month of December 2011 discloses that the gross pay is
`14,349/-. The salary slip for January 2012 discloses that the
gross pay is `8,820.13/- since the claimant was absent for 12
days and was paid salary only for 19 days when he was present
for work. The pay slip for February 2012, March 2012 and April
2012 discloses that no payment has been made since he did
not report for work for the said months. It is clear that the
claimant has not received salary in the month of September
2011, October 2011, February 2012, March 2012 and April
2012 and had received only a sum of `8,820.13/- in the month
of January 2012 since he worked for 19 days and was absent
for 12 days.
5. The Tribunal has awarded loss of pay and medical
allowance for a period of 2 months in a sum of `28,692/-. The
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Tribunal has not discussed as to how it has awarded loss of pay
only for 2 months. It is clear that the claimant was not paid for
4 months as noticed above and was paid only for 19 days in the
month of January 2012. The claimant having incurred loss
towards the same, compensation towards the same is required
to be awarded as loss of income. Hence, the loss of income is
re-assessed as (14,346 X 4) = `57,384/- and the partial loss of
pay for the month of January 2012 is assessed as `5,526/-.
Hence, a total sum of `62,910/- rounded of to `63,000/- is
required to be awarded towards loss of income as against
`28,692/- awarded by the Tribunal.
6. Although the claimant has examined a Doctor, since
he has continued to be employed as a driver in BMTC. It is
clear that the question of awarding compensation towards
disability does not arise. Further the claimant has also not
adduced any evidence to demonstrate as to how, by virtue of
accident he has not received any amount/increment that he
would otherwise have received.
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7. Keeping in mind the aforementioned, the
compensation is re-assessed as follows:
i) Having regard to the nature of injuries sustained
and the period of treatment, the compensation towards pain
and suffering is re-assessed as `70,000/- as against `40,000/-
awarded by the Tribunal;
ii) Having regard to the fact that the claimant has
produced medical bills in total sum of `1,13,118/- it is just and
proper that the compensation towards medical expenses be
awarded in a sum of `1,15,000/-;
iii) The Tribunal has awarded sum of `15,000/- towards
food, conveyance and other expenses during treatment period.
Having regard to the nature of injuries sustained and the period
of treatment, it is just and proper that the compensation
towards the attendant charges be re-assessed as `50,000/-;
iv) Towards loss of income during period of treatment,
the compensation is re-assessed as `63,000/- as against
`28,692/- awarded by the Tribunal, having regard to what is
stated at para No.5 hereinabove;
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v) The Tribunal has not awarded any amount towards
loss of amenities. Having regard to the nature of injuries, the
loss of amenities is assessed at `60,000/-.
8. In view of the aforementioned, the quantum of
compensation under various heads is re-assessed a follows:
Sl. Heads Amount Amount awarded
No. awarded by the by this Court (`)
Tribunal (`)
1. Pain and suffering 40000.00 70000.00
2. Medical expenses 113118.00 115000.00
4. Food, conveyance and 15000.00 50000.00
other expenses during
treatment period
5. Loss of pay on medical 28692.00 63000.00
leave period
6. Loss of amenities 00.00 60000.00
Total 196810.00 358000.00
9. Hence, the appellant/claimant is entitled for further
compensation of (`358000/- - `196810/-) = `1,61,190/-
rounded of to `1,62,000/- together with interest at 6% p.a, in
addition to the compensation awarded by the Tribunal.
10. In view of the aforementioned, the following:
ORDER
i) The appeal is allowed in part;
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ii) The judgment and award dated 07.11.2013
passed in MVC.No.2045/2012 by the Court of
Motor Vehicle Accident Claims Tribunal,
Bangalore City, is modified to the extent
stated herein. In all other respects, the
judgment and award of the Tribunal remain
unaltered;
iii) The claimant is entitled to further
compensation of `1,62,000/- with interest at
6% per annum from the date of petition till
its realization in addition to the compensation
awarded by the Tribunal;
iv) Respondent No.1 - insurer is directed to
deposit the entire enhanced compensation of
`1,62,000/- together with accrued interest
within six weeks form the date of receipt of
a copy of this order;
v) After deposit, the entire enhanced
compensation with accrued interest shall be
disbursed to the appellant/claimant;
vi) The Registry to draw the modified award
accordingly;
vii) No costs.
Sd/-
(C.M. POONACHA)
JUDGE
