Karnataka High Court

Ishwar S/O. Malleshappa Vakkund vs The M D Nwkrtc, Gokul Road on 2 August, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                         NC: 2024:KHC-D:10974
                                                      MFA No. 23569 of 2011
                                               C/W MFA.CROB No. 785 of 2012



                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                        DATED THIS THE 2ND DAY OF AUGUST 2024
                                         BEFORE
              THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                    MISCELLANEOUS FIRST APPEAL NO. 23569 OF 2011
                                       C/W
                           MFA CROSS OBJ NO. 785 OF 2012

             IN MFA NO.23569/2011
             BETWEEN:

             1.    THE MANAGING DIRECTORS,
                   N.W.K.R.T.C, GOKUL ROAD, HUBLI.

             2.    THE SELF INSURANCE FUND,
                   N.W.K.R.T.C., GOKUL ROAD, HUBLI.
                                                                    ...APPELLANTS
             (BY SRI. I. C. PATIL, ADVOCATE)

             AND:

             SRI. ISHWAR S/O. MALLESHAPPA
             VAKKUNDA, AGE: 41 YEARS,
             OCC: BUSINESS, R/O: SHUKRUVARPETH,
             DHARWAD.
                                                                ...RESPONDENT

YASHAVANT    (BY SMT. VIJAYLAXMI M. N AND SRI. S.M. NADAF, ADVOCATE)
NARAYANKAR
                    THIS MFA FILED U/SEC.173(1) OF MVC ACT, 1988, AGAINST
Location:
HIGH COURT
OF           THE    JUDGMENT   AND   AWARD       DATED:23-02-2011    PASSED   IN
KARNATAKA
             MVC.NO.571/2008 ON THE FILE OF THE III-ADDL. SENIOR CIVIL

             JUDGE AND MACT, DHARWAD AND TO SET ASIDE THE JUDGMENT

             AND AWARD DATED 23.02.2011 PASSED IN MVC 571/2008 ON BY

             THE III ADDL. SENIOR CIVIL JUDGE & MACT, DHARWAD, BY

             ALLOWING THIS APPEAL.
                                   -2-
                                           NC: 2024:KHC-D:10974
                                         MFA No. 23569 of 2011
                                  C/W MFA.CROB No. 785 of 2012




IN MFA CROB NO.785/2012
BETWEEN:

ISHWAR S/O. MALLESHAPPA VAKKUND,
AGE: 41 YEARS, OCC: BUSINESS AND AGRICULTURE,
R/O. SHUKRAVARPETH DHARWAD.
                                         ...CROSS OBJECTOR

(BY SMT. VIJAYLAXMI M. N AND SRI. S.M. NADAF, ADVOCATES)

AND:

1.   THE M. D, NWKRTC, GOKUL ROAD,
     HUBLI.

2.   THE SELF INSURANCE FUND,
     NWKRTC GOKUL ROAD, HUBLI.
                                                 ...RESPONDENTS
(BY SRI. I. C. PATIL, ADVOCATE)

       THIS MFA CROB FILED U/O 41 RULE 22 OF CPC., AGAINST

JUDGMENT AND AWARD PASSED BY THE COURT OF II ADDL.

SENIOR CIVIL JUDGE AND DHARWAD AND MACT I/C III ADDL.

SENIOR CIVIL JUDGE, DHARWAD IN MVC NO.571/2008 DATED

23.02.2011 AND ENHANCE THE COMPENSATION BY ALLOWING THIS

CROSS OBJECTION AND DISMISS THE MFA NO.23569/2011 IN THE

INTEREST OF JUSTICE AND EQUITY.


       THIS APPEAL AND MFA CROB COMING ON FOR HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:


CORAM:     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                                -3-
                                           NC: 2024:KHC-D:10974
                                       MFA No. 23569 of 2011
                                C/W MFA.CROB No. 785 of 2012



                          ORAL JUDGMENT

This appeal is filed by the claimants seeking enhancement

of the compensation awarded by the Tribunal in MVC

No.571/2008 dated 23.02.2011 passed by the III Addl. Senior

Civil Judge and MACT, Dharwad.

2. The factual matrix of the case is that on 07.05.2008

at 07.45 p.m. after completion of work, the appellant/injured

was riding his motorcycle bearing registration No.KA-25Y-6180

with his friend as pillion rider near Tarihal By-pass, the vehicle

was parked to the left side. At that time, N.W.K.R.T.C bus

bearing No.KA-22-F-1457 plying from Dharwad towards Gabbur

By-pass and was driven in high speed, in rash and negligent

manner and in an attempt to overtake another vehicle, dashed

the petitioner and the petitioner sustained grievous injuries and

disability. The appellant filed claim petition and the Tribunal

considering the evidence of PW1 and 2 and documents at

Exs.P1 to P17 has awarded compensation of Rs.2,20,600/- with

interest at 6% p.a., holding the appellants liable to pay the

compensation amount.

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3. Being aggrieved by the said award of compensation

by the Tribunal-the appellant/Corporation has filed this appeal

on the ground that the compensation awarded is on higher

side. The respondent/claimant has filed cross objection on the

ground that compensation awarded by the Tribunal is on lower

side and sought enhancement of the compensation.

4. Heard learned counsels for the parties and perused

the impugned judgment and the trial Court records.

5. The accident occurred due to rash and negligent

driving of the bus driver of N.W.K.R.T.C., has not been

challenged. The quantum of compensation awarded by the

Tribunal, has been questioned in this appeal. The injury

certificate of the claimant is at Ex.P-12. The injury is noted in

Ex.P-12 are as under:

i. Diffuse tenderness rt. Leg and ankle joint.

   ii.         Antalgie gait.
   iii.        Right knee movement is restricted by 10%.
   iv.         80% restiction of right ankle joint.
   v.          Right lower limb is short by 4 cms.

6. PW-2 is the Doctor who has issued the said

disability certificate at Ex.P-17. The X-rays produced at

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Exs.P14 to P16 indicates that the right leg with ankle joint

shows malunited fracture of Distal end of tibia and fibula with

arthritic changes on ankle joint. PW-2-Doctor who has issued

Ex.P17-disability certificate has stated that respondent/claimant

was found with 4 cms shortening of right leg by 15% and

moderate right ankle movement by 25% partially disability on

his right lower limbs. Considering the said documents, the

Tribunal has rightly assessed the disability at 14%.

7. The respondent/claimant was aged about 38 years

and he was agriculturist and the same can be seen in Ex.P11-

RTC. Hence, considering the same, it is clear that he had

income from agricultural work. The petitioner was only earning

member of the family, since his father expired and death

certificate of the father is at Ex.P-10. The Tribunal has taken

monthly income of the respondent/claimant at Rs.4,000/- and

calculated yearly income at Rs.48,000/-. The notional income

has fixed by the Karnataka State Legal Services Authority

(KSLSA) for the year 2008 is Rs.4,250/- per month. The

Tribunal ought to have taken the said aspect into consideration

and calculated his yearly income. Therefore, the income of the

respondent/claimant is Rs.51,000/-(4,250x12). In respect of

NC: 2024:KHC-D:10974

the disability, the Tribunal has taken into consideration the

decision of the Hon'ble Apex Court in the case of Rani Gupta &

Ors. V/s M/s. United India Insurance Co. Ltd. & Ors., AIR

(2009) SC 3226 14. Therefore, the yearly income of

Rs.51,000/- with disability of 14% would be Rs.7,140/- and the

multiplier 14 is applied and it comes to Rs.99,960/-

(4250 x 12 x 14 x 14%).

8. Considering, the injuries sustained by the

respondent/claimant, the Tribunal has rightly awarded a sum of

Rs.40,000/- towards Pain and sufferings. The Tribunal has

awarded a sum of Rs.35,000/- towards loss of amenities.

Considering the lot of inconvenience caused to the

respondent/claimant, it is proper. The Tribunal considering the

documents produced, has rightly awarded the medical

expenses of Rs.21,520/- and also rightly awarded Rs.6,000/-

towards diet-cum-conveyance expenses. The Tribunal

considering that the respondent/claimant was admitted for a

period of nearly 4 months has rightly awarded loss of income

during laid-up period in a sum of Rs.24,000/-. Considering all

these aspects, the respondent/claimant is entitled for

compensation under the following heads:

NC: 2024:KHC-D:10974

Sl. Heads Rs.

No.

1. Future loss of income on account of 99,960/- disability

2. Pain and sufferings 40,000/-

3. Loss of amenities 35,000/-

4. Medical Expenses 21,250/-

5. Diet-cum-conveyance expenses 6,000/-

6. Loss of income during laid up period 24,000/-

Total 2,26,210/-

9. The Tribunal has awarded total compensation of

Rs.2,20,600/-. Therefore, the respondent/claimant is entitled to

enhanced compensation of Rs.5,610/- (2,26,210 - 2,20,600).

10. In view of the above, the following:

ORDER

i. The appeal of the appellants/Corporation is dismissed and Cross objection filed by respondent/ claimant is partly-allowed. ii. The respondent/claimant is entitled to enhanced compensation of Rs.5,610/- with interest at 6% p.a. from the date of petition till realization. Since, the appeal is of the year 2011 the respondent/claimant is entitled to release of entire enhanced compensation with interest.