Karnataka High Court
The Divisional Controller vs Sri Boregowda on 12 January, 2024
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MFA No. 1735 of 2018
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. 1735 OF 2018 (MV-I)
BETWEEN:
THE DIVISIONAL CONTROLLER
KSRTC, KSRTC BUS STAND MANDYA
(OWNER CUM CUSTODIAN OF
KSRTC BUS NO.KA06-F-769)
NOW THROUGH CHIEF LAW OFFICER
KSRTC, BANGALORE ...APPELLANT
(BY SRI. NAGARAJA K., ADV.)
AND:
SRI BOREGOWDA
S/O CHIKKA BOREGOWDA
AGED ABOUT 43 YEARS
R/O HANAGANAHALLI
BASARALU HOBLI
MANDYA TALUK & DIST. ...RESPONDENT
(SERVED BUT UNREPRESENTED)
Digitally signed by
MALA K N THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
Location: HIGH AGAINST THE JUDGMENT AND AWARD DATED 12.10.2017 PASSED
COURT OF
KARNATAKA IN MVC NO.189/2015 ON THE FILE OF THE 1 ST ADDITIONAL SENIOR
CIVIL JUDGE & MACT, MANDYA, AWARDING COMPENSATION OF
RS.3,02,393/- WITH INTEREST AT 9% P.A. FORM THE DATE OF
PETITION TILL REALIZATION FROM RESPONDENT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 1735 of 2018
JUDGMENT
In this appeal, K.S.R.T.C. has challenged the
judgment and award dated 12.10.2017 in
M.V.C.No.189/2015 passed by the I Addl. Senior Civil
Judge and M.A.C.T., Mandya ('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 09.06.2014 at about
08:00 am while the petitioner was travelling in Mahindra
Bolero bearing Reg.No.KA-11/A-5213 on Bidar-
Srirangapattana Highway, met with an accident, hit by a
K.S.R.T.C. bus bearing Reg.No.KA-06/F-769 injuring the
petitioner and other inmates of the Bolero. After taking
treatment at A.C. Giri Hospital, Nagamangala and Cauvery
Hospital, Mysore, the petitioner has approached the
Tribunal for grant of compensation of Rs.26,55,000/- with
18% interest p.a. Claim was opposed by the K.S.R.T.C.
The Tribunal after taking evidence, by the impugned
judgment, awarded compensation of Rs.3,02,393/- with
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9% interest p.a. Aggrieved by the same, the K.S.R.T.C.
has filed this appeal on various grounds.
4. Heard the arguments of Sri. Nagaraja. K, learned
counsel for K.S.R.T.C. Petitioner is served, but
unrepresented.
5. Learned counsel for K.S.R.T.C. has urged only two
grounds, i.e., excess assessment of medical bills and
interest awarded at 9% p.a. He does not dispute the rest
of the aspects regarding accident and entitlement of
petitioner to claim compensation.
5.1. He has taken the Court to Exs.P2, P12 to P18
which are bills paid to Cauvery Hospital, amounting to
Rs.75,145/-. He has also taken the Court to Exs.P3 to
P11, regarding payment of Rs.74,000/- being deposited as
an advance amount. The Tribunal has not segregated the
advance amount and also actual bills and assessed
medical expenses together at Rs.1,49,145/- which
requires interference. It is further contended that no
banks will offer 9% interest p.a. at relevant point of time,
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so also today and he sought for interference and
reduction.
6. I have given my anxious consideration to the
arguments addressed and also perused the materials on
record.
7. There is no dispute as to the accident, cause of
the accident, injuries sustained by the petitioner, money
spent towards treatment and his entitlement to claim
compensation. The Tribunal awarded compensation as
hereunder:
Sl. Particulars Rs.
No.
1 Towards pain and suffering 40,000
2 Towards medical expenses 1,49,145
3 Attendant charges and food and 6,400
nourishment
4 Loss of future income due to 85,848
permanent disability
5 Loss of income during 21,000
hospitalization
Total 3,02,393
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8. The only dispute is regarding medical bills of
Rs.1,49,145/-. On careful perusal, Exs.P2, P12 to P18
amounts to:-
Exhibits Rs.
Ex.P2 14,043
Ex.P12 59,957
Total 75,145
8.1. At the same time, Exs.P3 to P11 amounts to:-
Exhibits Rs.
Ex.P3 6,000
Ex.P4 2,000
Ex.P5 6,043
Ex.P6 5,000
Ex.P7 10,000
Ex.P8 10,000
Ex.P9 3,000
Ex.P10 5,000
Ex.P11 26,957
Total 74,000
8.2. Total sum of Exs.P3 to P11 comes to
Rs.74,000/- which are the advance deposit made by the
petitioner. No cash or cheque is being paid by the
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petitioner. As rightly contended by learned counsel for the
K.S.R.T.C., the actual medical bills incurred by the
petitioner is Rs.75,145/- and not Rs.1,43,145/-. Hence,
the Tribunal ignored these aspects and quantified the
advance as well as actual bills. This error has to be
rectified by restricting medical bills to Rs.75,145/-.
9. As regards rate of interest is concerned, the
Tribunal has awarded interest at 9% p.a. No banks will
offer interest at 9% on fixed deposits in the year 2017 and
even today. In this regard, the Division Bench of this
Court in Ms. Joyeeta Bose and Ors. -Vs.-
Venkateshan. V and Ors.1 with reference to Section
149(1) of Motor Vehicles Act, 1988, Rule 253 of Karnataka
Motor Vehicles Rules, 1989 and Section 34 of Civil
Procedure Code, at Para 52 has laid down principles
regarding award of interest, it reads thus:
"52.Thus, under Section 34 of CPC being squarely
applicable to the interest awarded by the tribunal and
Section 34 empowering the tribunal to award pendente lite
interest and discretion being vested with the
M.F.A.No.5896/2018 c/w M.F.As.No.4444/2018 and 4659/2018
(MV), decided on 24.08.2020
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Court/tribunal to award interest from the date of suit or
petition is to the maximum extent of 6% p.a. or in other
words, not exceeding 6% p.a., the contention raised by
the learned Advocates appearing for the Insurance
Company deserves to be accepted and accordingly, it is
accepted. . . . . . . . . . . ."
In view of the settled principles, it is reasonable to award
interest at 6% p.a. on the total compensation rather than
confirming the rate of interest awarded by the Tribunal.
10. In view of the above, the petitioner is entitled to
compensation of Rs.2,28,393/- (Rs.3,02,393/- -
Rs.74,000/-) with 6% interest p.a. Accordingly, the
appeal merits consideration, in the result, the following:
ORDER
i) Appeal is allowed-in-part.
ii) The impugned judgment and award is
modified.
iii) Petitioner would be entitled to total
compensation of Rs.2,28,393/- with 6%
interest p.a. from the date of petition till its
realization.
iv) K.S.R.T.C. is directed to deposit the
compensation within eight weeks from the
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date of receipt of certified copy of this
judgment.
v) Amount in deposit, if any, shall be
transmitted to the Tribunal along with
records forthwith.
SD/-
JUDGE
PA
CT:HS
