Karnataka High Court
Mohammed Sharief vs The Divisional Controller on 6 August, 2024
-1-
NC: 2024:KHC:31190
MFA No. 8893 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MISCELLANEOUS FIRST APPEAL NO.8893 OF 2013 (MV-I)
BETWEEN:
1. MOHAMMED SHARIEF
S/O AHAMMED BEARY,
AGED ABOUT 24 YEARS,
KEREKODIMANE,
PARENKI VILLAGE,
BELTHANGADY TALUK,
MANGALORE TALUK-574214.
...APPELLANT
(BY SRI MANJOJ, ADVOCATE FOR
SRI KRISHNAMOORTHY D., ADVOCATE)
AND:
1. THE DIVISIONAL CONTROLLER
KSRTC, DIVISION OFFICE AT BEJAI,
MANGALORE, D.K.-575001.
Digitally signed by ...RESPONDENT
PRAJWAL A
Location: HIGH COURT (BY SMT. H.R. RENUKA, ADVOCATE)
OF KARNATAKA
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.07.2013 PASSED IN MVC
NO.1726/2011 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, MACT, MANGALORE, D.K., PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
NC: 2024:KHC:31190
MFA No. 8893 of 2013
CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
In this appeal, the petitioner has challenged the
judgment and award dated 16.07.2013 passed in
M.V.C.No.1726/2011 on the file of the MACT and II
Additional Senior Civil Judge, Mangalore, D.K. ('the
Tribunal' for short).
2. For the sake of convenience, the rank of the parties
shall be referred to as per their status before the Tribunal.
3. Brief facts of the case are, on 06.09.2011 at about
4.00 p.m., while the petitioner was proceeding on a motor
cycle bearing No.KA-20-X-3903 as a pillion rider, near
Maripalla, Pudu Village, Bantwal Taluk, KSRTC bus came
from behind and dashed against the motor cycle, due to
which petitioner sustained injuries. He was given first aid
at B.A. Hospital, Thumbe and treated at Tejaswini
Hospital, Kadri, Mangalore. The petitioner has approached
the Tribunal for grant of compensation of Rs.5,00,000/-.
The claim was opposed by the respondent. The Tribunal
NC: 2024:KHC:31190
after taking the evidence and on hearing both the parties
by impugned judgment awarded the following
compensation:-
a. Medical expenses Rs. 72,980/-
b. Pain and suffering Rs. 30,000/-
c. Medical attendant charges Rs. 5,000/-
d. Food, extra nourishment and Rs. 8,000/-
attendant charges
e. Loss of income during laid up Rs. 10,000/-
period
f. Amenities Rs. 5,000/-
g. Future treatment Rs. 10,000/-
TOTAL Rs.1,40,980/-
Pleading inadequacy and seeking enhancement, the
petitioner has filed this appeal on various grounds.
4. Heard Sri Manoj, learned counsel for
Sri Krishnamoorthy D., learned counsel and
Smt. H.R. Renuka, learned counsel for the respondent.
5. It is contended by learned counsel for the petitioner
that the Tribunal has not awarded compensation towards
loss of future income, compensation awarded towards laid
up period and so also loss of amenities and discomfort is
on the lower side and sought for enhancement.
NC: 2024:KHC:31190
6. Per contra, learned counsel for KSRTC contended
that disability suffered by the petitioner will not affect his
earning capacity and for this reason, the Tribunal did not
consider the loss of future income. Compensation awarded
towards loss of amenities and discomfort at Rs.5,000/- is
just and proper. Having regard to the gravity of the injury,
the Tribunal has rightly assessed just compensation and it
is not a case for enhancement and supported the
impugned judgment.
7. I have given my anxious consideration to the
arguments advanced by learned counsel for both the
parties and perused the material on record.
8. The accident in question is not in dispute. There was
accident on 06.09.2011 at 4.00 p.m., wherein KSRTC bus
hit on the hind portion of the motorcycle in which the
petitioner was a pillion rider. The medical records shows
that the petitioner has suffered fracture of supra condylar
of right femur and fracture of both bones of right leg.
P.W.2, the Chief Medical Officer at Thejaswini Hospital has
NC: 2024:KHC:31190
spoken about 20% limb disability suffered by the
petitioner and the petitioner was under hospitalization for
16 days from 06.09.2011 to 22.09.2011. The medical
expenses of Rs.72,980/- is spent and medical bills are
placed before the Tribunal. The petitioner being the victim
of the accident is entitled to claim compensation.
9. The Tribunal assessed Rs.30,000/- towards pain and
suffering, Rs.72,980/- towards medical expenses,
Rs.10,000/- towards future medical treatment which are
kept intact. The petitioner has not produced any proof with
regard to his income. Hence, he has to be treated as a
person with no proof of income and notional income has to
be taken at Rs.6,500/- per month, since the accident is of
the year 2011. The petitioner would have laid up for a
minimum period of six months and loss of income during
laid up period is assessed at Rs.26,000/- (6,500 x 6).
Loss of amenities and discomfort at Rs.30,000/-. Towards
attendant charges Rs.3,000/- is assessed, towards food
NC: 2024:KHC:31190
and nourishment Rs.5,000/- is assessed and towards
transportation charges Rs.2,000/- is assessed.
10. As regards loss of future income, the petitioner has
suffered 20% limb disability as per medical evidence.
Petitioner has suffered fracture of femur as well as fracture
to both bones of his right leg. The petitioner is a Steel
Fabricator, requires physical activity and from the said
point, one can make out 10% functional disability affecting
earning capacity of the petitioner. The petitioner is aged
22 years, applicable multiplier is '18'. Then, loss of future
income on account of disability comes to Rs.1,40,400/-
(6,500 x 12 x 18 x 10%).
11. The petitioner is entitled to compensation as follows:-
1. Pain and suffering Rs. 30,000/-
2. Medical expenses Rs. 72,980/-
3. Future medical expenses Rs. 10,000/-
4. Loss of income during laid up Rs. 26,000/-
5. Loss of amenities and discomfort Rs. 30,000/-
6. Loss of future income Rs.1,40,400/-
7. Transportation charges Rs. 2,000/-
8. Attendant charges Rs. 3,000/-
9. Food and nourishment Rs. 5,000/-
Total Rs.3,19,380/-
Less compensation Rs. 1,40,980/-
NC: 2024:KHC:31190
awarded by the Tribunal
Enhanced compensation Rs. 1,78,400/-
It is the just compensation the petitioner is entitled
to in the facts and circumstances of the case.
12. Hence appeal merits consideration, in the result, the
following :-
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award is modified.
(iii) The petitioner would be entitled to enhanced
compensation of Rs.1,78,400/- together with interest
at 6% p.a. from the date of petition till deposit.
(iv) The KSRTC is directed to deposit the compensation
within eight weeks from the date of receipt of the
certified copy of this judgment, excluding interest on
future medical expenses of Rs.10,000/-.
SD/-
(T.G. SHIVASHANKARE GOWDA)
JUDGE
ST
`
