Karnataka High Court
Shivagouda vs The Divisional Controller on 12 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:785
MFA No. 100029 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100029 OF 2014 (MV-I)
BETWEEN:
SHIVAGOUDA
S/O LAKKAPPA BIRANHOLI,
AGE: 54 YEARS, OCC: AGRICULTURE (NOW NIL)
R/O: ISLAMPUR TALUK AND DIST: BELAGAVI.
...APPELLANT
(BY SRI. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
MSRTC, KOLHAPUR DEPOT,
KOLHAPUR STATE MAHARASHTRA.
(OWNER OF MSRTC BUS BEARING
NO.MH-14/BT-2481)
...RESPONDENT
Digitally signed
(BY SRI. C.V. ANGADI, ADVOCATE)
by SAMREEN
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.01.29
15:26:21 +0530
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD
DTD:22.02.2013, PASSED IN MVC.NO.1725/2012 ON THE FILE OF
THE PRESIDING OFFICER, FAST TRACK COURT-I BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:785
MFA No. 100029 of 2014
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Smt. Geetha K.M. @ Pawar, learned counsel
for the appellant and Shri. C. V. Angadi, learned counsel for the
respondent.
3. The claimant is in appeal challenging the quantum
of the compensation awarded in MVC No.1725/2012 dated
22.02.2013 on the file of Fast Track Court, Belagavi.
4. Facts which are not in dispute are that the claimant
being the rider of the motor cycle bearing registration No.KA-
49/K-6612 met with a road traffic accident involving a MSRTC
bus bearing registration No.MH-14/BT-2481 on 15.06.2012 and
sustained injuries.
5. The claim petition on contest came to be allowed by
awarding compensation in a sum of Rs.2,04,000/-.
6. Being aggrieved by the same, the claimant is in
appeal.
7. Smt. Geetha K.M. @ Pawar, learned counsel for the
appellant contended that in the absence of proper proof of
income, the Tribunal was required to consider the notional
NC: 2024:KHC-D:785
monthly income in a sum of Rs.6,500/- for the accidental
injuries sustained in the year 2012 whereas, the Tribunal has
considered only Rs.4,500/-.
8. So also on the ground of disability, in the absence
of examining the treated doctor, 1/3rd of the 35% disability
factor should have been assessed and therefore disability factor
should have been 12 instead of 10.
9. She also contended that loss of income during the
laid up period is awarded only Rs.9,000/- and it should have
been Rs.13,000/-.
10. Per contra, Shir. C. V. Angadi, learned counsel for
the respondent opposes the appeal grounds by contending that
the law regarding the assessment of quantum of compensation
as prevailed in the year 2013 has been properly applied by the
Tribunal and sought for dismissal of the appeal.
11. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
12. On such perusal of the material on record, it is seen
that the monthly income has been assessed to a sum of
Rs.4,500/- for the accidental injuries occurred in the year 2012.
The Tribunal ought to have taken into consideration Rs.6,500/-
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as monthly income. So also there is some force in the
arguments put forth on behalf of the claimant that disability
factor should have been assessed at 12%.
13. Accordingly, a case is made out for re-assessment
of the compensation as under:
1 Towards pain and suffering Rs.30,000/-
2 Towards loss of amenities and comforts in Rs.25,000/-
life
3 Towards Special diet, conveyance and Rs.10,000/-
incidental charges
4 Towards attendant charges Rs.5,000/-
5 Towards medical expenses (Bills worth Rs.65,000/-
Rs.64,130/- are produced)
6 Towards loss of income during laid up period Rs.13,000/-
7 Loss of future income due to permanent Rs.1,02,960/-
physical disability
Total Rs.2,50,960/-
14. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
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(ii) As against the sum of Rs.2,04,000/- as
compensation awarded by the Tribunal, the
claimant is entitled to a sum of Rs.2,50,960/-
with interest at the rate 7% per annum form the
date of petition till its realization.
(iii) The Insurance Company is granted six
weeks time to deposit the balance amount of
compensation.
Sd/-
JUDGE
SMM
