Karnataka High Court
Sri R Balakrishna vs Divisional Controller on 2 February, 2024
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NC: 2024:KHC:4648
MFA No. 6279 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.6279 OF 2012(MV-I)
BETWEEN:
SRI. R. BALAKRISHNA,
S/O LATE M. RAMAIAH ,
AGED ABOUT 61 YEARS
CHIEF MANAGER, SBM,
REGIONAL OFFICE-4,
GOURIPET, KOLAR- 10
PRESENT ADDRESS R/AT
NO.41, SBM COLONY,
MAHADEVAPURA MAIN ROAD,
UDAYAGIRI,
MYSORE - 570 019.
...APPELLANT
(BY SRI. SATYA D., ADVOCATE FOR
SRI. K.V. NARASIMHAN, ADVOCATE)
AND:
Digitally
signed by
BHARATHI S DIVISIONAL CONTROLLER,
Location:
HIGH COURT KSRTC, DEPOT NO.1,
OF
KARNATAKA BANNIMANTAPA,
MYSORE - 570 019.
...RESPONDENT
(BY SRI. H.R. RENUKA, ADVOCATE FOR R1)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED19.3.2012 PASSED IN MVC
NO.1394/2010 ON THE FILE OF THE IST ADDITIONAL DITRICT
JUDGE, MACT, MYSORE, ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:4648
MFA No. 6279 of 2012
JUDGMENT
The above appeal is filed by the claimant challenging
the judgment and award dated 19.03.2010 passed in
MVC.No.1394/2010 by the Court of I Additional District
Judge, MACT, Mysuru1.
2. For the sake of convenience the parties herein are
referred to as per their ranking before the Tribunal.
3. The claim petition is filed by the claimant claiming
compensation for the injuries sustained in a road traffic
accident dated 05.01.2008. The Tribunal by its judgment and
award dated 19.03.2010 has awarded a total sum `85,000/-
together with interest at 6% per annum. Being aggrieved the
present appeal is filed for enhancement of compensation.
4. The judgment of the Tribunal on the finding of
negligence and liability is not under challenge. Hence, the
only question that arises for consideration in the present
Hereinafter referred as 'Tribunal'
NC: 2024:KHC:4648
appeal is that 'whether the quantum of compensation
awarded by the Tribunal is required to be enhanced?'
5. The claimant was aged 57 years as on the date of
accident and he was employed as chief manager in State
Bank of Mysuru.
6. It is forthcoming from the wound certificate (Ex.P.7)
that the claimant sustained fracture of the lower 1/3 of left
ulna. The discharge summary (Ex.P.9) discloses that the
claimant was admitted to the hospital on 06.01.2008 and
discharged on 09.01.2008. The fracture was surgically
treated. The doctor has been examined as PW.2. He has
stated that due to the injuries sustained in the accident the
claimant has sustained disability of 12.18%.
7. Learned counsel for the Appellant vehemently
contends that the Tribunal has merely awarded a sum of
`20,000/- towards pain and suffering and `65,000/- towards
medical expense and that the Tribunal ought to have
awarded amount on other heads i.e., towards loss of income
NC: 2024:KHC:4648
during treatment and loss of future earning capacity as well
as loss of amenities.
8. Admittedly the claimant was employed as a chief
manager at State Bank of Mysuru. The claimant has not
produced any documentary material to demonstrate that due
to accident he suffered loss of pay. There is no material on
record to indicate that his employment was in any manner
affected due to the injuries sustained in the accident. Hence,
the question for awarding any compensation towards loss of
income during period of treatment and loss of future earning
capacity does not arise.
9. However, having regard to the nature of injuries
sustained and period of treatment it is just and proper, that
a further compensation of `10,000/- be awarded towards
food, nutrition and attendance charges and another the sum
of `15,000/- be awarded towards loss of amenities.
10. Accordingly, the total compensation under various
heads is re-assessed as follows:
NC: 2024:KHC:4648
Sl.No. Heads Amount Amount awarded
awarded by the by this Court (`)
Tribunal (`)
1. Pain and 20000.00 20000.00
suffering/grievous
injures
2. Medical expenses 65000.00 65000.00
3. Attendant charges, 00.00 10000.00
food, nourishment
charges
4. Loss of amenities 00.00 15000.00
Total 85000.00 110000.00
11. Hence, the appellant/claimant is entitled for
enhanced compensation of `25,000/- (`110000 - `85000)
together with interest at 6% p.a.
12. In view of the aforementioned, the following order
is passed:
ORDER
i. The above appeal is allowed;
ii. The judgment and award dated 19.03.2010
passed in MVC.No.1394/2010 by the Court of I
Additional District Judge, MACT, Mysuru is
modified to the extent ordered here. In all
other respects, the judgment and award of the
Tribunal remains unaltered;
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iii. The claimant shall be entitled to an
enhancement of `25,000/- together with
interest at 6% per annum from the date of
petition till the date of realization in addition to
the compensation awarded by the Tribunal;
iv. The insurer shall deposited the
compensation within eight weeks from the date
of receipt of copy of this judgment;
v. Registry to draw the modified decree
accordingly.
vi. No costs;
Sd/-
JUDGE
PNV
CT:SNN
