Karnataka High Court
Shri. Prabhakar S/O. Annu Pujeri vs The Managing Director on 8 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2853
MFA No. 100073 of 2016
C/W MFA No. 100895 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100073 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100895 OF 2017
IN M.F. A. NO.100073 OF 2016
BETWEEN:
THE MANAGING DIRECTOR,
NWKRTC, HUBBALLI
THROUGH ITS DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION, BELAGAVI,
R/BY THE AUTHORIZED SIGNATORY,
CHEIF LAW OFFICER, NWKRTC,
CENTRAL OFFICES, GOKUL ROAD,
HUBBALLI.
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
Digitally
signed by
SAROJA
AND:
SAROJA HANGARAKI
HANGARAKI Date: SHRI. PRABHAKAR ANNU PUJARI,
2024.02.19
16:07:40 AGE: 37 YEARS, OCC:PIGMY COLLECTOR
+0530
AND COUNTER MANAGER(NOW NIL),
KORDITLU, TQ:KOPPA, DIST:CHIKKAMAGALURU,
NOW AT III MAIN ROAD, SHIVAJI NAGAR,
BELAGAVI.
...RESPONDENT
(BY SRI. HANUMANT R.LATUR, ADVOCATE)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT 1988,
AGAINST THE JUDGMENT AND AWARD DATED 24.08.2015
PASSED IN MVC NO.1025/2013 ON THE FILE OF THE I
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NC: 2024:KHC-D:2853
MFA No. 100073 of 2016
C/W MFA No. 100895 of 2017
ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI, AWARDING THE
COMPENSATION OF RS.6,08,887/- WITH INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
IN M.F. A. NO.100895 OF 2017
BETWEEN:
SHRI. PRABHAKAR S/O. ANNU PUJARI,
AGE: 39 YEARS, OCC:PIGMY COLLECTOR
AND COUNTER MANAGER(NOW NIL),
R/O. KORDITLU, TQ:KOPPA,
DIST:CHIKKAMAGALURU,
NOW AT III MAIN ROAD, SHIVAJI NAGAR,
BELAGAVI, TQ. AND DIST BELAGAVI.
...APPELLANT
(BY SRI. HANUMANT R.LATUR, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
NWKRTC, HUBBALLI
THROUGH ITS DIVISIONAL CONTROLLER,
NWKRTC, BELAGAVI DIVISION,
BELAGAVI, DIST. BELAGAVI,
PIN-590001.
...RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS M.F.A. IS FILED U/S.173(1) OF MV ACT 1988,
AGAINST THE JUDGMENT AND AWARD DATED 24.08.2015
PASSED IN MVC NO.1025/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE M.F.A., ARE COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2853
MFA No. 100073 of 2016
C/W MFA No. 100895 of 2017
JUDGMENT
Heard Sri.S.C.Bhuti, learned counsel for the appellant and
Sri.Hanumanth R. Latur, learned counsel for the respondent.
2. These two appeals are filed challenging the validity of
the judgment and award passed in MVC No.1025/2013 dated
24.08.2015 on the file of Additional Senior Civil Judge,
Belagavi.
3. Brief facts of the case are as under:
Sri.Prabhakar Annu Pujari sustained accidental injuries
involving a bus bearing No.KA-25/F-2618 on 15.09.2012 at
about 2.15 p.m. Claimant was the pillion rider of the
motorcycle bearing No.KA-22/ED-7740.
4. Charge sheet came to be filed against driver of the
bus. Injured was shifted from hospital and he was cured.
However, there is a disability according to the disability
certificate to the extent of 75%.
5. In the absence of treated doctor being examined,
Tribunal has taken 1/3rd of the disability factor and allowed the
claim petition in a sum of Rs.6,08,887/- as under:
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1 Loss of future income Rs.3,15,000/-
2. Pain and sufferings Rs.50,000/-
3. Loss of amenities in life Rs.60,000/-
4. Medical expenses Rs.1,27,887/-
5. Diet, nourishment, attendant charges Rs.15,000/-
6. Loss of earning during laid up period Rs.21,000/-
7. For future medical expenses Rs.20,00/-
TOTAL Rs.6,08,887/-
6. KRSTC is in appeal on the quantum as well as the
liability. Whereas the claimant is in appeal seeking enhanced
compensation.
7. Sri.S.C.Bhuti, learned counsel contended that
contributory negligence is to be attributed to the driver of the
motorcycle to some extent and therefore, entire liability cannot
be fastened on to the KSTRC.
8. Insofar as quantum of compensation is concerned, he
has contended that Tribunal has taken Rs.7,000/- as the
income whereas, in the absence of proper proof of the income,
the Tribunal ought to have considered Rs.6,500/- and sought
for reassessment of the compensation.
NC: 2024:KHC-D:2853
9. Per contra, Sri.Hanumanth R. Latur, learned counsel,
for the respondent/claimant supported the impugned judgment
insofar as fastening the liability entirely on the KSRTC and
sought for enhanced compensation on the ground that Tribunal
has not considered the salary certificate in a proper manner.
10. In view of the rival contentions of the parties, this
Court perused the material on record, meticulously.
11. On such perusal of the material on record, it is
established that the claimant sustained accidental injuries
involving bus bearing No.KA-25/F-2618 and motorcycle bearing
No.KA-22/ED-7740.
12. Admittedly, charge sheet came to be filed against the
driver of the bus. Under such circumstances, the arguments
put forth on behalf of the KSRTC that contributory negligence is
to be attributed to the rider of the motorcycle cannot be
countenanced in law.
13. Insofar as quantum of compensation is concerned, in
the absence of proper proof of the income, the income to be
computed is sum of Rs.6,500/- for the accidental injuries of the
year 2012. But in the case on hand, not only the claimant was
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working as the pigmi agent but also as a bar attender.
Therefore, taking the income in a sum of Rs.7,000/- is proper.
On the question of pain and suffering and loss of amenities of
life, the Tribunal has granted Rs.50,000 and Rs.60,000/-.
14. Taking note that injured has sustained four fractures,
the quantum of compensation awarded by the Tribunal is just
and proper.
15. Accordingly, hardly there is any scope for either
reduction of the compensation or enhanced compensation.
Hence, following:
ORDER
(i) Appeal and cross objection are dismissed.
(ii) Amount in deposit is ordered to be
transmitted to the Tribunal.
Sd/-
JUDGE
KAV
