Karnataka High Court

The Managing Director vs Mr Venu V on 8 August, 2024

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                                                              NC: 2024:KHC:31849
                                                           MFA No. 3428 of 2016
                                                       C/W MFA No. 7657 of 2015



                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF AUGUST, 2024

                                              BEFORE
                       THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                        MISCELLANEOUS FIRST APPEAL NO. 3428 OF 2016 (MV-I)
                                                 C/W
                        MISCELLANEOUS FIRST APPEAL NO. 7657 OF 2015 (MV-I)


                       IN MFA NO.3428/2016
                       BETWEEN:

                          THE MANAGING DIRECTOR
                          TAMILNADU STATE TRANSORT
                          CORPORAITON(VILLUPURAM) LTD
                          VELLORE REGION
                          VELLORE
                          TAMIL NADU-632009
                                                                    ...APPELLANT
                       (BY SRI.BOPANNA.S, ADVOCATE)

                       AND:
Digitally signed by
PRAJWAL A
Location: HIGH COURT      MR VENU V
OF KARNATAKA              S/O VENKATACHALAM K
                          AGED ABOUT 55 YEARS
                          R/A NO.562, 6TH MAIN
                          4TH BLOCK
                          RAJAJINAGAR
                          BANGALORE-560010
                                                                  ...RESPONDENT
                       (BY SMT.G.K.SREE VIDYA, ADVOCATE FOR
                       SRI. T N VISWANATHA , ADVOCATE)
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                                         NC: 2024:KHC:31849
                                      MFA No. 3428 of 2016
                                  C/W MFA No. 7657 of 2015



       THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.07.2015 PASSED IN MVC
NO.3914/2014 ON THE FILE OF THE JUDGE, COURT OF SMALL
CAUSES, & XXVI ACMM, MACT, BENGALURU, AWARDING
COMPENSATION OF Rs.1,96,000/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL REALIZATION.

IN MFA NO.7657/2015

BETWEEN:

     MR. VENU V
     S/O VENKATACHALAM K
     AGED ABOUT 54 YEARS
     R/AT NO 562,
     6TH MAIN
     4TH BLOCK,
     RAJAJINAGAR
     BENGALURU - 560010
                                               ...APPELLANT
(BY SMT.G.K.SREE VIDYA, ADVOCATE FOR
     SRI. T N VISWANATHA.,ADVOCATE)

AND:

1.   THE MANAGING DIRECTOR
     T N S T C CORPORATION LTD
     VILLUPURAM
     AT VELLORE
     TAMIL NADU - 410026

2.   THE DIVISIONAL CONTROLLER
     T N S T C CORPORATION LTD
     SATELLITE BUS STAND
     BYATRAYANAPURA,
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                                            NC: 2024:KHC:31849
                                        MFA No. 3428 of 2016
                                    C/W MFA No. 7657 of 2015



     MYSORE ROAD
     BENGALURU - 560026
                                               ...RESPONDENTS
(BY SRI.B.BOPANNA, ADVOCATE FOR R-1,
NOTICE TO R-2 IS DISPENSED WITH)


      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 8.7.2015             PASSED IN MVC
NO.3914/2014 ON THE FILE OF THE JUDGE, MACT, COURT OF
SMALL CAUSES, 26TH ACMM, (SCCH-09), BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

      THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA



                      ORAL JUDGMENT

In these two appeals, the petitioner (appellant in MFA

No.7657/2015) is seeking enhancement of compensation,

whereas the respondent (appellant in MFA No.3914/2014) is

seeking reduction of quantum of compensation.

2. Rank of the parties will be referred to as per the status

before the Tribunal for the sake of convenience.

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3. By order dated 08.07.2015 in MVC No.3914/2014,

learned Judge, Court of Small Causes and 26th A.C.M.M (SCCH-

09), Bengaluru (in short 'the Tribunal'), allowed the claim

petition filed by the petitioner awarding compensation of

Rs.1,96,000/-. Now both petitioner and the respondent are

before this Court.

4. Heard arguments of Sri.Bopanna.B, learned counsel for

the Insurance Company and Smt.G.K.Sreevidya for

Sri.T.N.Vishwanath, counsel for petitioner.

5. There is no dispute regarding the accident, cause of the

accident, injuries sustained by the petitioner and his

entitlement to claim the compensation. The only point that is

arising for the consideration of the Court is "Whether the

Tribunal has awarded just compensation?"

6. It is contended by the learned counsel for the petitioner

that the medical evidence is produced regarding disability. The

Tribunal did not accept the medical evidence and assessed the

notional income of the petitioner at Rs.7,500/- and lesser

compensation is awarded and sought for enhancement.

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7. Per contra, learned counsel for respondent has contended

that the compensation awarded is excess. Medical evidence did

point out the limb disability of 17.2%. Even if it is taken as

1/3rd to the whole body, 6% as whole body disability taken by

the Tribunal is on the higher side. The compensation awarded

under different heads are disproportionate to the gravity of the

injury and sought for reduction.

8. I have given my anxious consideration to the arguments

by the parties and perused the material on record.

9. Medical evidence discloses that the petitioner has

suffered abrasion on his right knee, contusion on left knee,

contusion on his forehead. X-ray revealed comminuted fracture

of left patella. P.W.3-doctor who assessed the disability speaks

of limb disability of 17.5% and whole body disability of 8.6%.

The Tribunal has taken whole body disability at 6%. The

petitioner being the driver certainly fracture of patella will affect

his work. The Tribunal has rightly taken the disability at 6% to

the whole body.

10. In the year 2013, a person with no proof of income will

earn not less than Rs.8,000/-. The Tribunal has awarded

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Rs.35,000/- towards pain and suffering, Rs.41,000/-

towards medical expenses and Rs.20,000/- towards future

medical expenses and the same are reasonable and kept in

tact. The petitioner was under hospitalization for three days,

spent money towards food and nourishment and hence,

Rs.15,000/- is assessed towards incidental expenses as

against Rs.1,000/-towards attendant charges and Rs.9,000/-

towards transportation and conveyance charges. The petitioner

must have been laid up for a minimum of four months. He has

suffered loss of income during the period of treatment.

Therefore, he has to be compensated with Rs.32,000/-

(Rs.8,000/- x 4) as against Rs.15,000/- assessed by the

Tribunal. Being the driver, he has suffered loss of amenities

and discomfort. A sum of Rs.30,000/- is assessed as against

Rs.15,000/- assessed by the Tribunal. The petitioner is aged

52 years and he has suffered 6% disability to whole body. His

notional income is taken as Rs.8,000/- p.m. Applicable

multiplier is 11. Loss of future income will be Rs.8,000/- x 12 x

11 x 6% = Rs.63,360/- as against Rs.60,000/- assessed by

the Tribunal.

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11. The petitioner-claimant is entitled for compensation as

under:

      Sl.No.               Heads.                     Amount

                                                      ( in Rs.)

        1.     Pain and suffering                      35,000/-

        2.     Attendant charges,                      15,000/-
                Conveyance, food and
                nourishment.
        3.     Medical expenses                        41,000/-

        4.     Loss of future income                   63,360/-

        5.     Loss of income during                   32,000/-
               treatment period
        6.     Loss of amenities                       30,000/-

        7.     Future medical expenses                 20,000/-

                                           Total:    2,36,360/-

                            Award of Tribunal        1,96,000/-

                     Enhanced Compensation             40,360/-

It is just compensation under the facts and circumstances of

the case.

12. In view of the above, there is no scope for reduction of

compensation. Hence, the appeal filed by the Insurance

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Company is devoid of merits and the appeal filed by the

petitioner merits consideration. In the result, the following:

ORDER

i) M.F.A.No.3428/2016 is dismissed.

ii) M.F.A.No.7657/2015 is partly allowed.

iii) The impugned Judgment and Award is modified.

iv) Petitioner would be entitled to enhanced compensation of Rs.40,360/- with interest at the rate of 6% p.a., excluding interest on future medical expenses.

v) The respondent/corporation petitioner shall deposit the compensation amount with interest within eight weeks from the date of receipt of a copy of this Judgment.