Karnataka High Court
Smt Khathijamma vs The Divisional Controller on 16 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:6702
MFA No. 8722 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.8722 OF 2017(MV-I)
BETWEEN:
SMT. KHATHIJAMMA,
W/O YUSUF,
AGED ABOUT 55 YEARS,
R/O KARIKKALA PALLIGUDDE HOUSE,
IVATHOKLU VILLAGE,
SULLIA TALUK, D.K.DISTRICT,
NOW R/O KANIYOOR OF
PUTUR TQ, D.K. DISTRICT - 574 201.
...APPELLANT
(BY SMT. KUSUM RANGANATH, LEGAL AID COUNSEL)
AND:
THE DIVISIONAL CONTROLLER,
K.S.R.T.C. DIVISIONAL OFFICE,
MUKRUMPADY, DARBE POST,
Digitally signed by JAI PUTTUR TALUK, D.K.DIST - 574 202.
JYOTHI J
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SRI. M. ASHOK KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:01.07.2017 PASSED IN MVC
NO.1354/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT
AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU,
SITTING AT PUTUR, DAKSHINA KANNADA, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC:6702
MFA No. 8722 of 2017
JUDGMENT
The appeal is filed by the claimant seeking
enhancement of compensation awarded by the V Addl.
District and Sessions Judge, D.K.Mangaluru, sitting at
Puttur, D.K. by judgment and award dated 01.07.2017 in
MVC No.1354/2016.
2. The factum of accident, injuries sustained by
the claimant, coverage of insurance are not in dispute.
3. Heard the arguments from both the sides and
perused the materials on record.
4. Learned counsel, Smt.Kusum Ranganath, who
is the counsel for the appellant appointed as amicus curie
as per order of this Court dated 30.10.2023 submitted that
the compensation amount granted by the Tribunal is on
lesser side. Therefore, prays to enhance the
compensation.
NC: 2024:KHC:6702
5. On the other hand, learned counsel for the
respondent justified the judgment and award passed by
the Tribunal. Hence, prays to dismiss the appeal.
6. In the present case, from the materials on
record, it is proved that claimant has suffered the
following injuries:
1. Grazed abrasion 3 X 4cm over outer of
back aspect of (R) elbow.
2. Grazed abrasion 3 X 3cm over front
aspect of (R) knee joint.
3. Open dislocation of right ankle joint with
injury to muscles and tissue.
7. The Tribunal has not considered correct
parameters in assessing the quantum of compensation,
therefore, the claimant is entitled enhancement of
compensation.
8. The Tribunal has awarded compensation of
Rs.25,000/- towards 'pain and sufferings', which is on
lesser side. Therefore, compensation of Rs.30,000/- is
awarded under the head 'pain and sufferings'.
NC: 2024:KHC:6702
9. The Tribunal has awarded compensation of
Rs.50,000/- towards 'medical expenses and nourishment
and other expenses' as per the actual medical bills and
prescriptions produced by the claimant, which is just and
proper and needs no interference. Hence, same is kept
intact.
10. The accident is caused in the year 2015,
therefore as per the provisions of Karnataka State Legal
Services Authority the notional income for the year 2015 is
Rs.9,000/- p.m. Since the claimant was aged 55 years as
on the date of accident, the appropriate multiplier is '11'.
The doctor has stated that the claimant has suffered
physical disability of 12% towards right lower limb and the
Tribunal has rightly held 5% functional disability which has
affected his earning capacity. Therefore, 'loss of future
income due to disability' is hereby reassessed and
quantified as under:
Rs.9,000/- X 5% X 11 X 12 = Rs.59,400/-.
NC: 2024:KHC:6702
Thus, the claimant is entitled to compensation of
Rs.59,400/- under the head 'loss of future income due to
disability'.
12. The Tribunal has awarded compensation of
Rs.24,000/- towards 'loss of income during laid up period',
which is on lesser side. Therefore, compensation of
Rs.27,000/- (Rs.9,000/- x 3) is awarded towards 'loss of
income during laid up period'.
13. Thus in all the claimant is entitled to
compensation as under:
Sl. Particulars Awarded by Awarded by
No. Tribunal this Court
1. Pain And Agony 25,000/- 30,000/-
2. Loss of earning during
laid up period (8,000 X 3
months) 24,000/- 27,000/-
3. Medical, nourishment
and other expenses 50,000/- 50,000/-
4. Loss of future income
due to disability 52,800/- 59,400/-
Total 1,51,800/- 1,66,400/-
14. The Tribunal has awarded compensation of
Rs.1,51,800/-, but the appellant/claimant is entitled to
total compensation of Rs.1,66,400/-. Hence, the
NC: 2024:KHC:6702
appellant/claimant is entitled to enhanced compensation of
Rs.14,600/- (Rs.1,66,400/- - Rs.1,51,800/-). Therefore,
the appellant/claimant is entitled to enhanced
compensation of Rs.14,600/-/- along with interest at the
rate of 6% per annum from the date of petition till the
date of realization, in addition to what has been awarded
by the Tribunal.
15. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award
dated 01.07.2017 passed by the V Addl.
District and Sessions Judge, D.K.,
Mangaluru, Sitting at Puttur, D.K., is
modified to the extent that the
appellant/claimant is entitled to
enhanced compensation of
Rs.14,600/- along with interest at the
rate of 6% per annum from the date of
NC: 2024:KHC:6702
petition till the date of realization, in
addition to what has been awarded by
the Tribunal.
iii. No order as to costs.
iv. Registry is directed to transmit the
records to the jurisdictional Tribunal
forthwith.
v. Draw award accordingly.
vi. The Secretary, High Court Legal Services
Committee is directed to pay
professional fee to Smt.Kusum
Ranganath as per Rules.
Sd/-
JUDGE
SRA
CT:SNN
