Karnataka High Court
Sri. Giri. S vs The Managing Director on 12 January, 2024
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NC: 2024:KHC:1815
MFA No. 4835 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 4835 OF 2017 (MV-I)
BETWEEN:
SRI. GIRI. S
S/O LATE SHIVAIAH, AGED ABOUT 40 YEARS
R/AT PADUVANAGIRI VILLAGE, T HOSAHALLI
VILLAGE, MARALVADI HOBLI, KANAKAPURA TQ,
RAMANAGARA DIST. ALSO R/O YELACHENAHALLI
KANAKAPURA ROAD, BANGALORE
...APPELLANT
(BY SRI. SHRIPAD V SHASTRI, ADV.)
AND:
THE MANAGING DIRECTOR
NORTH EAST KARNATAKA STATE ROAD
TRANSPORTATION, CORPORATION
SHANTI NAGARA, K.H.ROAD, BANGALORE - 27
...RESPONDENT
(BY SRI. F S DABALI, ADV.)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
Digitally signed by AGAINST THE JUDGMENT AND AWARD DATED 28.03.2017
MALA K N
PASSED IN MVC NO.4764/2015 ON THE FILE OF THE XXI
Location: HIGH COURT
OF KARNATAKA ADDITIONAL SMALL CAUSES JUDGE AND XIX ACMM, MEMBER
THE MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-23) AT
BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 4835 of 2017
JUDGMENT
In this appeal, the petitioner has challenged the
judgment and award dated 28.03.2017 in
M.V.C.No.4764/2015 passed by the XXI Addl.Small
Causes Judge and M.A.C.T. (SCCH-23), Bengaluru
('the Tribunal' for short).
2. For the sake of convenience, the parties shall
be referred to as per their status before the Tribunal.
3. Brief facts of the case are, on 11.09.2015 at
3.30 a.m. while the petitioner getting down from the
KSRTC bus bearing No.KA-35/F-127 at Kottigehar Bus
Stand of Chikkamagalur district, he fell down and
sustained fracture injuries due to sudden movement of
the bus. After taking treatment, the petitioner has
approached the Tribunal for grant of compensation of
Rs.10 lakhs. Claim was opposed by the KSRTC. The
Tribunal after taking the evidence, by impugned
judgment assessed the compensation of Rs.2,45,689/-
with 6% interest p.a. Pleading inadequacy and
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seeking enhancement, the petitioner has filed this
appeal on various grounds.
4. Heard the arguments of Sri.Shripad V.Shastri,
learned counsel for the petitioner and
Sri.F.S.Dabali, learned counsel for the KSRTC.
5. It is the contention of learned counsel for the
petitioner that the accident took place in the year
2015. The petitioner was aged 38 years, he is a
professional cook earning more than Rs.10,000/- per
month, but the Tribunal has taken the income only at
Rs.6,000/- per month. He has suffered two fractures
and the medical evidence points out the disability of
whole body at more than 20%. But the Tribunal has
taken only at 12%. No compensation was awarded
towards loss of income during laid-up period,
assessment of loss of future income is on the lower
side and sought for enhancement.
6. Per contra, learned counsel for the KSRTC has
contended that post-treatment, the petitioner has
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become normal, there is no disability as the fractures
are simple and for doing cooking job, injury will not
affect and the Tribunal has erroneously assessed 12%
disability and the same has to be taken out. He fairly
conceded that the loss of income during laid up may
considered and meager enhancement may be granted.
7. I have given my anxious consideration to the
arguments addressed on behalf of both sides and also
perused the materials on record.
8. There is no dispute as to the accident, cause
of the accident and injuries sustained by the petitioner.
Ex.P4 is the wound certificate which points out that the
petitioner has suffered fracture of right tibial plateau
and fracture of right medial malleolus. PW-
2/Dr.T.H.Prakashappa, the treated doctor speaks of
20% whole body disability, but the Tribunal has taken
it at 12%. Petitioner is aged 38 years and a cook by
avocation. Having regard to the treatment and post-
treatment assessment, it is proper to assess whole
body disability at 10% as against 12% assessed by the
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Tribunal. In the year 2015, a person with no proof of
income will earn not less than Rs.9,000/- per month.
But the Tribunal has taken it at Rs.6,000/- which is on
the lower side. Petitioner was laid up for not less than
6 months, however, no compensation is awarded
towards the same. Loss of amenities is awarded on
the lower side. Hence, keeping all these aspects into
consideration, compensation has to be assessed.
9. The petitioner having sustained fracture, he
has to be compensated with Rs.40,000/- towards pain
and suffering; Rs.40,000/- towards loss of amenities
and discomfort, reimbursement of medical expenses of
Rs.26,089/-. For 35 days of inpatient, attendant
charges of Rs.10,500/-; food and nourishment of
Rs.10,000/-; travelling expenses of Rs.5,000/- has to
be compensated. Future medical expenses awarded by
the Tribunal at Rs.10,000/- is kept in tact; loss of
income during laid-up period is fixed at Rs.54,000/-
(Rs.9,000/- x 6 months). Since the petitioner is aged
38 years, future prospects of 40% has to be taken and
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the applicable multiplier is '15'. Then the loss of future
income will be Rs.9,000/- + Rs.3,600/- (40%) =
Rs.12,600/- x 12 x 15 x 10% = Rs.2,26,800/-. If all
these are put together, total compensation comes to
Rs.4,22,389/- as against Rs.2,45,689/- assessed by
the Tribunal, thereby enhancement of Rs.1,76,700/-
rounded off to Rs.1,77,000/-, which is the just
compensation that the petitioner is entitled to, in the
facts and circumstances of the case. Hence, the
appeal merits consideration, in the result, the
following:
ORDER
i) Appeal is allowed-in-part.
ii) Impugned judgment and award is
modified.
iii) Petitioner is entitled to enhanced
compensation of Rs.1,77,000/- with
interest of 6% p.a. excluding interest on
future medical expenses.
iv) The KSRTC is directed to deposit the
compensation within eight weeks from
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the date of receipt of certified copy of the
judgment.
v) Amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
Sd/-
JUDGE
KNM
CT:HS
