Karnataka High Court
Sri.S.M.Joshi @ Sarvantharyami vs Sri.V.Sudarshan Reddy And Ors on 4 January, 2024
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NC: 2024:KHC-K:162
MFA No. 200619 of 2018
C/W MFA No. 200618 of 2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO. 200619 OF 2018 (MV-I)
C/W
MISCL. FIRST APPEAL NO.200618 OF 2018 (MV-I)
IN MFA No.200619/2018:-
BETWEEN:
SRI. S.M.JOSHI @ SARVANTHARYAMI
S/O MADHAVACHAR,
AGE:70 YEARS, OCC: RETIRED GOVERNMENT
SERVANT & WORKING AS PROJECT DIRECTOR IN
NATIONAL CHILD LABOUR PROJECT SOCIETY,
RAICHUR, NOW NIL,
R/O. H.NO.7-5-277, JAWAHARNAGAR,
RAICHUR. PIN CODE NO.585101.
Digitally signed
...APPELLANT
by (BY SRI. BABU H. METAGUDDA, ADVOCATE)
KHAJAAMEEN L
MALAGHAN
AND:
Location: High
Court of
Karnataka 1. SRI. V.SUDARSHAN REDDY
S/O SHIVAREDDY,
AGE:MAJOR, OCC:DRIVER TANKER NO.KA-43/3383,
R/O. BANDEPALLI GRAM, CHILMATUR, MANDAL,
TQ.HINDUPUR, DIST.ANANTHAPUR-515001.
2. M/S GOPI ASSOCIATE COMPANY
HALUDIDDAMHALLI VILLAGE, KUNDANA HOBLI,
DEVANHALLI, BANGALORE, OWNER OF
TANKER NO.KA43/3383, PIN CPDE NO.-56211.
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MFA No. 200619 of 2018
C/W MFA No. 200618 of 2018
3. THE REGIONAL MANAGER
M/S BHANTI AXA GENERAL INSURANCE CO. LTD.,
PRIDE QUADRA NO.30, 3RD FLOOR,
BELLARY ROAD,
HEBBAL BANGALORE-01.
4. SRI.JOSHI S/O SHANTHAPPA
AGE: MAJOR, OCC: DRIVER OF NEKRTC BUS NO.
KA-36/F-804, R/O 2ND DEPOT,
H.NO.4-4-118, ZAHEERABAD,
RAICHUR. PIN CODE NO.585401.
5. THE DIVISIONAL CONTROLLER
N.E.K.R.T.C.DIVISION RAICHUR,
DIVISIONAL OFFICE, RAICHUR,
PIN CODE NO.585401.
...RESPONDENTS
(BY SRI. MANJUNATH MALLYYA SHETTY ADV. FOR R3;
SMT. SANGEETA BHADRASHETTY, ADV. FOR R5;
V/O DATED 11.09.2020 NOTICE TO R1, R2 AND R4
IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO A) CALL FOR THE RECORDS IN MVC NO. 441/16
ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT-
RAICHUR. B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED: 20.11.2017 PASSED IN MVC
NO. 441/2016 BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT
RAICHUR, AND ENHANCING THE COMPENSATION FROM
RS.1,23,900/- WITH 6% INTEREST TO RS.15,00,000/- WITH
12 % INTEREST.
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MFA No. 200619 of 2018
C/W MFA No. 200618 of 2018
IN MFA No.200618/2018:-
BETWEEN:
SMT.VIJAYALAXMI W/O S.M. JOSHI,
AGE: 62 YEARS,
OCC: TAILORING, NOW NIL, HOUSEHOLD,
R/O H.NO.7-5-277, JAWAHAR NAGAR,
RAICHUR-585101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
AND:
1. SRI.V. SUDARSHAN REDDY
S/O SHIVAREDDY
AGE: MAJOR, OCC: DRIVER TANKER NO.
KA-43/3383, R/O. BANDEPALLI GRAM,
CHILMATUR, MANDAL TQ: HINDUPUR,
DIST: ANANTHAPUR510061.
2. M/S GOPI ASSOCIATE COMPANY,
HALUDUDDAMHALLI VILLAGE, KUNDANA HOBLI,
DENANHALLI, BANGALORE, OWNER OF TANKER
NO.KA-43/3383, 560001.
3. THE REGIONAL MANAGER,
M/S BHANTI AXA GENERAL INSURANCE CO. LTD,
PRIDE QUADRA NO.30, 3RD FLOOR,
BELLARY ROAD, HEBBAL BANGALORE-01.
4. SRI. JOSHI S/O SHANTHAPPA
AGE: MAJOR, OCC: DRIVER OF NEKRTC
BUS NO.KA-36/F-804,
R/O 2ND DEPOT, H.NO.4-4-118,
ZAHEERABAD, RAICHUR-585401.
5. THE DIVISIONAL CONTROLLER,
NEKRTC DIVISION RAICHUR,
DIVISIONAL OFFICE RAICHUR-585401.
...RESPONDENTS
(BY SRI.MANJUNATH MALLAYYA SHETTY, ADV. FOR R3;
SMT. SANGEETA BHADRASHETTY ADV. FOR R5)
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MFA No. 200619 of 2018
C/W MFA No. 200618 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO A) CALL FOR THE RECORDS IN M.V.C.NO.440/16
ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT
RAICHUR. B) ALLOW THIS APPEAL AND MODIFY THE
JUDGMENT AND AWARD DATED-20.11.2017 PASSED IN
M.V.C.NO.440/2016 BY THE MOTOR ACCIDENT CLAIMS
TRIBUNAL AT-RAICHUR. AND ENHANCING THE COMPENSATION
FROM RS.5,32,760/- WITH 6% INTEREST TO RS.20,00,000/-
WITH 12% INTEREST.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.440 and
441/2016, dated 20.11.2017, the claimants have
preferred MFA No.200618/2018 and MFA
No.200619/2018. The court below had disposed off both
the appeals by way of a common order. Hence, this Court
is also disposing off these appeals by way of a common
order.
MFA 200618/2018 arising out of MVC No.440/2016:
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2. In this case, the claim petition is filed seeking
compensation of an amount of Rs.20,00,000/- for the
injuries sustained by the claimant in the accident. It is the
case of the claimants that both the claimants who are the
husband and the wife were proceeding in KSRTC bus at
about 4.45 a.m., at NH-17 bypass road the driver of the
KSRTC bus drove the same in a rash and negligent
manner and dashed against a parked tanker which was
parked on the middle of the road without taking any
precautionary measures or without putting the parking
lights on and both the claimants sustained injuries. The
court below had held that the accident had taken place
because of the negligence on the part of both the driver of
KSRTC as well as the driver of the tanker lorry and
apportioned the negligence at 50% on both the drivers.
3. When it comes to the compensation, as per the
evidence the claimant had sustained four fractures. He
took treatment as inpatient for three months. According to
the claimant he was working as a tailor and earning an
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amount of Rs.15,000/- p.m. The court below had taken
Rs.6,000/- as income and granted compensation under
various heads as follows:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 50,000/-
2. Attendant Charges : Rs. 6,000/-
3. Extra Nourishing, and special diet : Rs. 6,000/-
4. Loss of Future Income : Rs. 77,760/-
5. Medical Expenses : Rs. 3,36,000/-
6. Loss of Amenities in Life : Rs. 20,000/-
7. Loss of income during laid off period : Rs. 12,000/-
8. Future Medical Expenses : Rs. 25,000/-
TOTAL : Rs. 5,32,760/-
4. Learned counsel appearing for the claimants
submits that the court below had not granted reasonable
compensation. He submits that when the claimant had
sustained four fractures granting only an amount of
Rs.50,000/- under the head of pain and sufferings is on
the lower side and under the head loss of amenities a
meager amount of Rs.20,000/- was granted. It was
submitted that as per the Doctor the disability is 30%, the
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court below had taken the disability at 20% which is on
the lower side. It is submitted that the compensation
awarded is not just and reasonable.
5. Learned counsel appearing for the insurance
company as well as the KSRTC submits that no grounds
are made out for enhancement of the compensation. It is
submitted that the court below had rightly granted
compensation basing on the evidence on record.
6. Having heard the learned counsels on either
side, perused the entire material on record. In this case
the claimant had sustained four fracture injuries. Hence
under the head of pain and suffering this Court is
inclined to award an amount of Rs.80,000/-. When it
comes to attendant charges, nourishment and
transport and medical expenses, the compensation
awarded by the court below at Rs.12,000/- and
Rs.3,36,000/- respectively, are reasonable and hence no
interference is called for. When it comes to the
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compensation under the head loss of income during laid
up period according to the doctor the claimant had
sustained 30% disability but the court below had taken
12% disability. Considering that the claimant is 60 years
this Court had perused the evidence of the doctor and
occupation of the claimant and hence taking the disability
at 20%. When it comes to the income this is the accident
is of the year 2013, this court is taking the income at an
amount of Rs.7,000/-. Hence under the head of loss of
future earning the claimant is entitled for an amount of
Rs.1,51,200/- (7,000 x 9 x 12 x 20%). Then coming to
the loss of income during laid up period. Considering
the injuries and the recovery period, it is reasonable to
grant for four months i.e., Rs.7,000 x 4 months =
Rs.28,000/-. Coming to the compensation towards loss
of amenities considering four fractures and disability
under the head of loss of amenities this Court is granting
Rs.40,000/-. Towards future medical expenses
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considering the evidence of the doctor towards future
medical expenses an amount of Rs.35,000/- is awarded.
7. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER1, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
8. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 80,000/-
2. Attendant Charges : Rs. 12,000/-
3. Extra Nourishing, and special diet : Rs. 3,36,000/-
4. Loss of Future Income : Rs. 1,51,200/-
5. Medical Expenses : Rs. 3,36,000/-
6. Loss of Amenities in Life : Rs. 40,000/-
7. Loss of income during laid off period : Rs. 28,000/-
8. Future Medical Expenses : Rs. 35,000/-
9. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 6,92,200/-
(2014) 11 SCC 178
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9. Accordingly, the appeal is Partly Allowed,
enhancing the compensation amount from Rs.5,32,760/-
to Rs.6,92,200/-. Court below has already held that the
insurance company as well as the KSRTC are liable to pay
compensation at 50% each. Hence both are liable to pay
the compensation at 50% each.
MFA NO. 200619/2018 ARISING OUT OF MVC NO.441/2016:
10. In this case the husband is the claimant. He
claimed compensation of an amount of Rs.15,00,000/-.
The court below had granted an amount of Rs.1,23,900/-.
The claimant is a retired employee aged 78 years. As per
the evidence on record he was not working as on the date
of the accident. He worked in the year 2008 and the
accident had taken place in the year 2013 and the court
below considering this aspect held that the claimant is not
entitled for compensation towards loss of future income
and loss of income during laid up period and granted
compensation as follows:
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Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 30,000/-
2. Attendant Charges : Rs. 3,000/-
Nourishing & Extra Nourishment and
3. : Rs. 5,000/-
special diet
4. Medical Expenses : Rs. 75,900/-
5. Loss of amenities : Rs. 10,000/-
TOTAL : Rs. 1,23,900/-
11. Learned counsel appearing for the claimant
submits that there is evidence to show that the claimant
had suffered disability at 8% to the whole-body. The court
below had not applied the relevant multiplier while
granting the compensation. It is submitted that under the
head of pain and suffering the amount that was granted
was not reasonable. Further, the compensation towards
loss of amenities is on lower side. Considering the injuries
sustained by the claimant, it is submitted that the
compensation awarded under various heads are not
reasonable.
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12. Learned counsel for KSRTC and insurance
company submits that reasonable compensation is
awarded and no grounds are made out for enhancement.
13. Having heard the learned counsel on either
side, perused the entire material on record. In this case
the claimant is aged 78 years who has retired. Even
according to his evidence he was not working. The court
below had not awarded compensation towards future loss
of income and loss of income during laid up period. Then
coming to the pain and suffering considering the fracture
injuries this court is granting an amount of Rs.40,000/-.
The compensation awarded towards Medical Expenses at
an amount of Rs.75,900/- is as per the bills and receipts
and no interference is called for. Towards attendant,
transport and nourishment this court is inclined to
grant an amount of Rs.10,000/-. Towards Loss of
amenities considering the fracture and impact on the
claimant and considering his age this Court is inclined to
grant an amount of Rs.30,000/-.
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14. Further in the light of the law laid down by the
Hon'ble Supreme Court in the case of V.MEKALA vs. M.
MALATHI AND ANOTHER2, the claimant is entitled for an
amount of Rs.10,000/- towards legal expenses.
15. The claimant is therefore, entitled to the
compensation under the following heads:
Heads Compensation
Awarded
1. Pain and Sufferings : Rs. 40,000/-
2. Attendant Charges, Extra : Rs. 10,000/-
Nourishing, and transport
3. Medical Expenses : Rs. 75,900/-
4. Loss of Amenities in Life : Rs. 30,000/-
5. Legal Expenses : Rs. 10,000/-
TOTAL : Rs. 1,65,000/-
16. Accordingly, MFA No.20618/2018 is Partly
Allowed, enhancing the compensation amount from
Rs.5,32,760/- to Rs.6,92,200/-. MFA No.20619/2018
is Partly Allowed, enhancing the compensation from
(2014) 11 SCC 178
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Rs.1,23,900/- to Rs.1,65,000/- Court below has
already held that the insurance company as well as the
KSRTC are liable to pay compensation at 50% each. Hence
both are liable to pay the compensation at 50% each.
i) The enhanced amount shall carry interest at 6%
p.a. from the date of petition till the date of
realization.
ii) The insurance company as well as the KSRTC
are liable to pay compensation at 50% each
and shall deposit the amount within a period of
eight weeks from the date of receipt of copy of
the judgment. On such deposit, the claimant
are entitled to withdraw the entire amount
without furnishing any security.
iii) Registry is directed to return the Trial Court
Records to the Tribunal, along with certified
copy of the order passed by this Court forthwith
without any delay.
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iv) No costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/-
Judge
JJ
