Karnataka High Court
Managing Director, Nwkrtc vs Yallappa S/O Galeppa Katti on 2 August, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:10928
MFA No. 22464 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. 22464 OF 2012
BETWEEN:
MANAGING DIRECTOR, NWKRTC,
GOKUL ROAD, HUBLI,
AND ITS SELF INSURANCE FUND,
GOKUL ROAD, HUBLI,
THE ADDRESS OF THE APPELLANT
WAS WRONGLY MENTIONED BY THE RESPONDENT
INSTEAD OF NWKRTC IT SHOULD HAVE BEEN
CALLED NEKRTC,
THE APPELLANT IS REP. BY
ITS CHIEF LAW OFFICER,
CENTRAL OFFICE SARIGE SADANA,
GULBARGA.
...APPELLANT
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
YALLAPPA S/O. GALEPPA KATTI,
AGE: 62 YEARS, OCC: AGRICULTURE AND COOLIE,
YASHAVANT R/O: TANAKANAKALLA, TQ: KOPPAL,
NARAYANKAR NOW R/O: UNAKAL, HUBLI,
DIST: DHARWAD.
...RESPONDENT
Location:
HIGH COURT
(BY SRI. LAXMAN C. KULKARNI AND
OF
KARNATAKA SRI. PRAVEEN G. KULKARNI, ADVOCATES)
THIS MFA IS FILED U/SEC. 173(1) OF MV ACT, AGAINST
JUDGMENT AND AWARD DTD:04-02-2012, PASSED IN
MVC.NO.391/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND MEMBER, ADDL. MACT, HUBLI, AWARDING THE
COMPENSATION OF RS.2,20,000/- WITH INTEREST AT THE RATE OF
6% P.A., FROM THE DATE OF PETITION TILL THE DATE OF
REALISATION, WITHIN SIX WEEKS FROM THE DATE OF THE ORDER.
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NC: 2024:KHC-D:10928
MFA No. 22464 of 2012
THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This appeal is filed by Corporation against
quantum to compensation awarded by the Tribunal in MVC
No.391/2011 dated 04.02.2012 passed by the Principal
Senior Civil Judge and Additional M.A.C.T, Hubli.
2. The facts in brief are that on 24.01.2011 at 8.30
hours when the petitioner was returning from his land on
the left side of the road of Koppal-Kushtagi road.
K.S.R.T.C bus bearing No.KA-37/F-318 driven by its driver
in a rash and negligent manner and dashed against the
respondent -claimant, as result of which the petitioner has
sustained grievous injuries and taken treatment as an
inpatient and outpatient and spent huge amount. The
claimant has stated that he is agriculturist and earning
Rs.6,000/- per month and due to the accidental injuries he
became permanently disabled and unable to do his work
as earlier.
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3. The claimant has been examined as P.W.1 and got
marked documents as Ex.P1 to P26. The respondent -
corporation official has been examined as R.W.1 and no
documents were marked on the side of the Corporation.
The tribunal after appreciating the evidence on record has
held that the accident occurred due to rash and negligent
driving of KSRTC bus by driver and awarded compensation
as under:
1. Pain and Agony Rs.70,000/-
2. Medical, diet and conveyance Rs.1,00,000/-
3. Future loss of amenities and
Inconvenience Rs.50,000/-
Total: Rs.2,20,000/-
Being aggrieved by the said quantum of
compensation, the appellant -corporation has filed this
appeal.
4. Heard learned counsel for the appellant -
corporation.
5. Learned counsel for the appellant -corporation
would contend that the award of compensation under the
head of pain and agony and also under the head of future
NC: 2024:KHC-D:10928
loss of amenities and Inconvenience are higher side. She
contends that huge compensation has been awarded on
the head of medical expenses. With this, she prayed to
reduce the amount of compensation awarded.
6. Having heard learned counsel for the appellant
-corporation, this Court has perused the impugned
judgment and award and trial Court records.
7. The respondent -claimant has sustained the
following injuries which are noted in Ex.P5 -wound
certificate are;
1. Facture of left tibia
2. Facture of right tibia
3. Fracture of right femur
4. Lateral patella depression and other simple
injuries.
8. The respondent -claimant was admitted in the
hospital from 24.01.2011 to 06.03.2011. The respondent
-claimant has also taken treatment in KIMS Hospital
Hubballi and undergone surgery for factures. Considering
the said aspect the award of sum of Rs.70,000/- towards
pain and agony is just and proper.
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9. Ex.P8 contains 17 medical bills, Ex.P9 contains
12 prescription slips, Ex.P10 is Clinical biochemistry
report, Ex.P11 is Continued case sheet, EX.P12 is
Screening test report, Ex.P15 contains 20 X-rays and
reports and Ex.P20 is medical bills issued by KIMS
hospital, Hubballi, Ex.P23 is bills issued by KIMS hospital,
Hubballi, EX.P25 is scan films and Ex.P26 is X-ray films.
Considering these aspects even though the respondent -
claimant has made claim of Rs.2,00,000/- for medical
expenses, the tribunal has awarded a sum of
Rs.1,00,000/- considering the above documents. The said
award of Rs.1,00,000/- towards medical expenses is just
and proper.
10. The respondent -claimant is aged about 60
years and he is agriculturist. Even though he claimed that
he was earning Rs.6,000/- per month. The tribunal taken
into consideration of loss of amenities and inconvenience
has rightly awarded Rs.50,000/- in the said head.
11. Considering all these aspects, the tribunal has
awarded just and proper compensation to the respondent
NC: 2024:KHC-D:10928
-claimant. There are no grounds to reduce the
compensation.
12. In the result, the appeal is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
CT:ANB
