Shankarappa vs Divisional Controller Ksrtc
2024 Latest Caselaw 880 Kant

Citation : 2024 Latest Caselaw 880 Kant
Judgement Date : 10 January, 2024

Karnataka High Court

Shankarappa vs Divisional Controller Ksrtc on 10 January, 2024

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                                                      NC: 2024:KHC:1495
                                                  MFA No. 9835 of 2013




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 10TH DAY OF JANUARY, 2024

                                      BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
             MISCELLANEOUS FIRST APPEAL NO. 9835 OF 2013 (MV-I)
             BETWEEN:

             1.    SHANKARAPPA
                   S/O BASAPPA KUMBAR,
                   AGED ABOUT 30 YEARS,
                   ARASANAGI GRAMA,
                   B.BAGEVADI, INDI TALUK,
                   BIJAPUR DISTRICT 586209
                   PRESENTLY RESIDING AT
                   C/O PRADEEP KUMAR,
                   LAKSHMIPURAM,LAKSHMI NILAYA,
                   LAKKAMMA COMPOUND,
                   HASSAN DISTRICT-573201.

                                                           ...APPELLANT
             (BY SRI. VIJAYA KUMAR T., ADVOCATE FOR
                 SRI. SANDEEPA S H., ADVOCATE)
Digitally
signed by
BHARATHI S   AND:
Location:
HIGH COURT
OF           1.    DIVISIONAL CONTROLLER KSRTC
KARNATAKA
                   HASSAN DIVISION,
                   ARKALAGUDI DEPOT 573102.

                                                         ...RESPONDENT
             (BY SRI. N B PATIL., ADVOCATE)

                    THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
             JUDGMENT AND AWARD DATED 16.04.2013 PASSED IN MVC
             NO.321/2012 ON THE FILE OF THE PRINCIPAL SESSIONS
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                                                           NC: 2024:KHC:1495
                                                       MFA No. 9835 of 2013




JUDGE, MEMBER, MACT, HASSAN, 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:


                                        JUDGMENT

1. The above appeal is filed by the claimant

challenging the judgment and award dated 16.04.2013

passed in MVC No.321/2012 by the Principal Sessions

Judge, Member, MACT, Hassan1, seeking enhancement of

the compensation awarded.

2. For the sake of convenience, the parties herein

are referred as per their rank before the Tribunal.

3. The relevant facts necessary for consideration

of the present appeal are that the claimant-appellant2 had

filed a claim petition claiming compensation towards the

injuries in the accident which occurred on 09.10.2011. The

Hereinafter referred to as the 'Tribunal')

Hereinafter referred to as the 'claimant')

NC: 2024:KHC:1495

Tribunal had awarded a compensation of `1,45,169/-

together with interest @ 9% per annum. The judgment

and award of the Tribunal on negligence and liability is not

under challenge. Hence, the only aspect that is required to

be considered in the present appeal is regarding the

enhancement of compensation.

4. The claimant was aged about 28 years as on

the date of the accident. The Tribunal had applied the

multiplier of '17' which is just and proper.

5. The claimant has contended that he was

working as a data analyst and earning `15,000/- per

month. However, since no document has been produced

to demonstrate his income, the Tribunal has assessed the

same as `5,000/- per month. Since there is no document

produced by the claimant to prove the income, the same is

required to be re-assessed as per the chart followed for

settlement of cases in the Lok Adalath conducted by the

High Court Legal Services Authority as `6,500/-.

NC: 2024:KHC:1495

6. The claimant has sustained fracture of upper 3rd

right humerus bone. He was treated as an inpatient from

12.10.2011 to 15.10.2011 i.e., for a period of four days.

The Doctor has been examined as CW.1 who has stated

the disability to the particular limb as 10%. Considering

the same, the Tribunal has re-assessed the disability as

3% which is just and proper.

7. Having regard the aforementioned, the

compensation is re-assessed as follows:

7.1 The Tribunal has awarded a sum of `25,000/-

towards pain and suffering. Having regard to the nature of

injuries, the same is re-assessed as `30,000/-.

7.2 The Tribunal has awarded a sum of `53,569/-

towards medical expenses. The same is awarded as per

the medical bills which are produced and it just and proper

and rounded off to `55,000/-.

NC: 2024:KHC:1495

7.3 The loss of future income is re-assessed at

`39,780/- (`6,500/- x 12 x 17 x 3%) which is rounded off to

`40,000/- as against of `30,600/- awarded by the Tribunal.

7.4 The Tribunal has awarded a sum of `3,000/-

towards loss of income during treatment period. However,

having regard to the nature of injuries, the laid up period

is taken as two months, and the loss of income for the laid

up period is re-assessed as `13,000/- (`6,500 x 2).

7.5 The Tribunal has awarded a sum of `3,000/-

towards attendant charges and `5,000/- towards food and

nourishment charges. Both the said heads are combined

to and the compensation is re-assessed at `15,000/-.

Having regard to the nature of injuries and period of

treatment.

7.6 The Tribunal has awarded a sum of `5,000/-

towards conveyance charges and `10,000/- towards loss

of comforts. The same is together construed as loss of

amenities and is just and proper.

NC: 2024:KHC:1495

7.7 The Tribunal has awarded a sum of `10,000/-

towards future medical expenses which compensation is

left undisturbed.

8. In view of the same, the compensation is re-

assessed as follows:

Sl.No Compensation Head Amount Awarded Amount awarded by the Tribunal by this Court (`) (`) 1 Pain and suffering 25000.00 30000.00

2 Medical expenses 53569.00 55000.00

3 Loss of future income 30600.00 40000.00

5 Loss of income during 3000.00 13000.00 treatment

6 Attendant charges, 8000.00 15000.00 food and nourishment

7 Conveyance charges 15000.00 15000.00 and loss of comforts

8 Future medical 10000.00 10000.00 expenses

Total 145169.00 178000.00

9. Accordingly, the Claimant is entitled to

enhanced compensation of (`1,78,000/- - `1,45,169/-)

`32,831/- which is rounded off to `33,000/-.

NC: 2024:KHC:1495

10. In view of the aforementioned, the following order is passed:

ORDER

i) The appeal is allowed in part;

ii) The judgment and award dated 16.04.2013 passed in MVC No.321/2012 on the file of the Principal District Judge and Member MACT-I, Hassan is hereby modified to the extent stated herein. In all other respects, the judgment and award of the Tribunal remains unaltered;

iii) The appellant/claimant is entitled to enhanced compensation in a sum of `33,000/- together with interest at 6% pa., from the date of petition till its realization in addition to the compensation awarded by the Tribunal;

iv) The enhanced compensation together with accrued interest is liable to be deposited by the Respondent - KSRTC within eight weeks from the date of receipt of a copy of the judgment;