Karnataka High Court
Smt. Bhagyalakshmamma vs The Managing Director Ksrtc on 7 February, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:5181
MFA NO.1341 OF 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.1341 OF 2020 (MV-I)
BETWEEN:
SMT. BHAGYALAKSHMAMMA
W/O SRI. SUBRAMANI IYER,
AGED ABOUT 75 YEARS,
R/AT NO.857, D.V.G. ROAD,
NEAR D.V.G. SCHOOL,
KUMBARAPALYA,
MULBAGIL,
KOLAR DISTRICT - 563 131.
...APPELLANT
(BY SRI. RAJASHEKAR K., ADVOCATE)
AND:
THE MANAGING DIRECTOR
KSRTC,
NO.115, K.H. ROAD,
Digitally signed by SHANTHI NAGAR,
ARUN KUMAR M S
Location: High
BENGALURU -560 027.
Court of Karnataka ...RESPONDENT
(BY SMT. S. NIRMALA, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE
JUDGMENT AND AWARD DATED 13TH SEPTEMBER, 2019
PASSED IN M.V.C. NO.6614 OF 2018 ON THE FILE OF THE XIX
ADDITIONAL JUDGE AND MEMBER, M.A.C.T., COURT OF SMALL
CAUSES, BENGALURU (SCCH-17), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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MFA NO.1341 OF 2020
THIS APPEAL COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 13th
September, 2019 passed in M.V.C.No.6614 of 2018 by the
XIX Additional Judge and Member, Motor Accident Claims
Tribunal, Court of Small Causes, Bengaluru(for short,
hereinafter referred to as 'Tribunal') on the ground that
the compensation awarded by the Trial Court is inadequate
and meager.
2. Parties to the appeal shall be referred to as per
their status and ranking before the Trial Court.
3. Brief facts of the case is as under:
On 23rd September, 2018 at about 08.00 p.m., the
claimant along with her son got down from the bus, which
came back from Gouribidanur to Kolar KSRTC Bus Stop in
order to go to Mulbagal. When she was walking along with
her son on the left side of the road, the K.S.R.T.C. Bus
bearing registration No.KA-07-F-1755 came in a rash and
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MFA NO.1341 OF 2020
negligent manner so as to endanger human life and safety
of other, without observing the traffic rules and
regulations dashed against the claimant. Due to the
impact of the accident, the claimant sustained grievous
injuries and immediately, she was shifted to S.N.R.
Hospital. Thereafter, shifted to M.V.J. Hospital, Bengaluru
where she was in-patient for forty nine days.
3.2. It is stated that the claimant was aged seventy
four years as on the date of the occurrence of accident and
she was a flower vendor, earning a sum of Rs.15,000/- per
month. In view of the injuries suffered and the right leg
below the knee having been imputed, the claimant has
filed claim petition against the respondent-Corporation
before the Tribunal seeking compensation.
3.3. On service of notice, respondent-Corporation
entered appearance through its counsel and filed written
statement denying the averments made in the claim
petition including the occurrence of accident, involvement
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of the vehicle, age, avocation, income and the negligence
attributed as against the Driver of the Bus.
3.4. On the basis of material placed on record by
the claimant, the Trial Court awarded compensation of
Rs.6,91,456/- with interest at the rate of 8% per annum
to be payable by the respondent-Corporation within two
months from the date of order.
4. Heard Sri. Rajashekar K., learned counsel
appearing for the appellant-claimant and Smt. S. Nirmala
learned counsel appearing for respondent-Corporation.
5. On perusal of the impugned judgment and award,
the same would indicate that Exhibits P1 to P6 are the
Police records and Exhibits P7 to P16 are the Medical
records of the claimant. The Police records would clearly
depict the rash and negligent driving of the Driver of the
Bus and Medical records would depict the injuries
sustained and the treatment taken by the claimant and
financial expenditure incurred for treatment. The
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negligence is rightly attributed as against the Driver of the
Bus.
6. Now coming to the aspect of age, avocation and
income of the claimant as on the date of occurrence of
accident, the claimant was aged about seventy years and
the Trial Court has rightly applied the multiplier at '5',
which does not call for interference.
7. The claimant has admittedly not examined the
Doctor to show the physical disability, however, the fact
remains that the claimant has undergone amputation of
the right leg below the knee. Admittedly, the claimant has
also not produced any document to show the proof of her
income. The Tribunal has not awarded any amount under
the head loss of future income due to disability in view of
the non-examination of the Doctor and proof of income
being not placed on record.
8. Looking into the present facts and circumstances
of the case, admittedly, the claimant sustained amputation
of right leg below the knee. Though, she has not produced
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any proof of income, the notional income would have to be
taken into consideration in accordance with the notional
income chart of the Legal Services Authority, which
prescribes Rs.12,500/- p.m. for the accident of the year-
2018. Hence, income is assessed at Rs.12,500/- per
month.
9. The Employees compensation Act's schedule of
the disabilities prescribes for the amputation of leg below
the knee to an extent of 40% to 50%. In the present
case, considering the age of the claimant as per Part II of
Schedule 3 of the Employees Compensation Act, 40% is
taken as disability. Therefore, loss of future earnings due
to disability would be Rs.3,00,000/- (Rs.12,500/- x 12 x 5
x 40%).
10. In respect of pain and suffering, the Tribunal
awarded Rs.1,00,000/- and same is retained. Towards
loss of income during the laid up period, no amount is
awarded. In view of income of the claimant is assessed as
12,500/- per month by this Court and the claimant being
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in-patient for forty nine days, five months is taken as laid
up period. Therefore, the claimant would be entitled for
Rs.62,500/- (Rs.12,500 x 5) under this head.
11. Insofar as the Medical expenses, on the basis of
actual bills produced by the claimant, the Tribunal
awarded Rs.5,01,456/- and same is retained.
12. Towards loss of amenities, the Tribunal awarded
Rs.50,000/-. Therefore, this Court deems it appropriate to
award additional amount of Rs.50,000/-. In all, the
claimant would be entitled to Rs.1,00,000/- under this
head.
12. The Tribunal awarded Rs.40,000/- under the
head Attendant, Nourishment and conveyance charges.
Whereas, the claimant was in-patient for almost fifty days.
Hence, an additional amount of Rs.20,000/- be awarded.
In all, the claimant would be entitled to Rs.60,000/- under
this head.
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13. In view of the above discussion, the claimant
would be entitled to a total compensation of
Rs.11,23,956/- as against Rs.6,91,456/- as mentioned
in the table below:
Head Amount (Rs.)
Loss of future income due to 3,00,000-00
disability
Pain and suffering 1,00,000-00
Loss of income during laid up 62,500-00
period
Medical expenses 5,01,456-00
Loss of amenities 1,00,000-00
Attendant, Nourishment and 60,000-00
conveyance charges
TOTAL 11,23,956-00
14. Accordingly, I pass the following:
ORDER
1) Appeal is allowed-in-part;
2) The judgment and award dated 13th
September, 2019 passed by the XIX
Additional Judge and Member, M.A.C.T.,
Court of Small Causes, Bengaluru in
M.V.C.No.6614 of 2018 is modified;
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3) The claimant would be entitled to a total
compensation of Rs.11,23,956/- as
against Rs.6,91,456/- awarded by the
Tribunal
4) The enhanced compensation shall carry interest
at 6% per annum;
5) The enhanced compensation amount shall
be released in favour of claimant, upon
proper verification within a period of eight
weeks from the date of receipt of this
order.
SD/-
JUDGE
ARK
