Karnataka High Court
The Divisional Controller, Ksrtc vs Sri Chamansab Rajesab Faniband on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:577
MFA No. 100885 of 2018
C/W MFA No. 100965 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100885 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.100965 OF 2018
IN M. F. A. NO.100885 OF 2018
BETWEEN:
THE DIVISIONAL CONTROLLER, KSRTC,
BAGALKOT (JAMKHANDI DEPOT),
(OWNER OF KSRTC BUS NO.KA-42/F-1956)
REPRESENTED BY CHIEF LAW OFFICER
...APPELLANT
(BY SRI. S.C. BHUTI, ADVOCATE)
AND:
SRI. CHAMANSAB RAJESAB FANIBAND,
AGE: 40 YEARS, OCC: COOLIE NOW NIL,
R/O: JANATA PLOT, YADAWAD ROAD, LOKAPUR,
Digitally TQ: MUDHOL, DIST: BAGALKOT-587122.
signed by
SAROJA
SAROJA
HANGARAKI ...RESPONDENT
HANGARAKI Date:
2024.01.25
11:44:25
+0530
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, AGAINST THE
JUDGMENT AND AWARD DATED 16.10.2017, PASSED IN
MVC.NO.127/2016, ON THE FILE OF THE MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-IX, MUDHOL, DIST. BAGALKOT,
AWARDING COMPENSATION OF Rs.2,28,534/- WITH INTEREST AT
9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
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NC: 2024:KHC-D:577
MFA No. 100885 of 2018
C/W MFA No. 100965 of 2018
IN M. F. A. NO.100965 OF 2018
BETWEEN:
SRI. CHAMANSAB RAJESAB FANIBAND,
AGE: 40 YEARS, OCC: COOLIE NOW NIL,
R/O: JANATA PLOT,
YADAWAD ROAD, LOKAPUR,
TQ: MUDHOL, DIST: BAGALKOT.
...APPELLANT
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER,
KSRTC, BAGALKOT
(JAMKHANDI DEPOT),
PIN CODE-587101
(OWNER OF KSRTC BUS NO.KA-42/F-1956)
...RESPONDENT
(BY SRI. S.C. BHUTI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT 1988, AGAINST THE
JUDGMENT AND AWARD DATED 16.10.2017, PASSED IN
MVC.NO.127/2016, ON THE FILE OF THE MEMBER, MOTOR
ACCIDENT CLAIMS TRIBUNAL-IX, MUDHOL, DIST. BAGALKOT,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:577
MFA No. 100885 of 2018
C/W MFA No. 100965 of 2018
JUDGMENT
Though the matter is listed for orders today, with the
consent of parties, matter is taken up for disposal on
merits.
2. In respect of accidental injuries sustained by the
claimant Sri.Chamansab Rajesab Faniband being the
inmate of KSRTC bus bearing No.KA-42/F-1956 in a road
traffic accident occurred on 26.05.2015 at 3.45 p.m. a
claim petition came to be filed in MVC No.127/2016.
3. Claim petition was resisted by the KSRTC by filing
necessary application.
4. Tribunal after raising necessary issues and on
cumulative consideration of the oral and documentary
evidence placed on record by the parties, allowed the
claim petition in a sum of Rs.2,28,534/- with interest at
9% p.a. from the date of petition till realization of entire
award amount.
NC: 2024:KHC-D:577
5. Being aggrieved by the same, KSRTC and claimant
are in appeal.
6. Learned counsel Sri.S.C.Bhuti contended that the
quantum of compensated awarded by the tribunal is on
higher side, taking note of the fact that there is no proper
proof of income placed on record and also having regard
to the nature of injuries.
7. Whereas, Sri.Chandrashekhar M Hosamani submits
that award of compensation by the Tribunal is incorrect as
the Tribunal has not properly assessed the quantum of
compensation with regard to pain and suffering and other
heads and sought for allowing the appeal.
8. In view of the rival contentions of the parties, this
Court perused the material on record meticulously.
9. On such perusal of the material on record, the
accidental injuries sustained by the claimant - Chamansab
is established by placing necessary material evidence on
record.
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10. The Tribunal has taken into consideration the
monthly income in a sum of Rs.7,000/- for the accidental
injuries sustained in the year 2015. It should have been in
a sum of Rs.8,000/- having regard to the fact that there is
no proper proof of income. Proper multiplier has been
applied by the Tribunal.
11. However, with regard to permanent physical
disability, the doctor has assessed 25% for whole body,
10% to the chest and the Tribunal has taken 12%
disability fact in all. On other heads, namely, pain and
suffering, the Tribunal has assessed Rs.30,000/- as
compensation. Loss of income during laid up period also
needs enhancement, so also under the heads attendant
charges and loss of amenities there is a scope for
enhancement.
12. As rightly contended by Sri.S.C.Bhuti, rate of interest
needs to be reduced from 9% to 7% while reassessment
of quantum of compensation is made.
NC: 2024:KHC-D:577
13. Accordingly, a case is made out for reassessment of
the quantum of compensation which is reassessed as
under:
Pain and suffering Rs.40,000/-
Loss of amenities Rs.25,000/-
Loss of income during laid up Rs.24,000/-
period (Rs.8,000 x 3 months)
Loss of future income Rs.1,72,800/-
(Rs.8,000 x 12 x 12% x 15)
Medical expenses Rs.19,334/-
Food, diet and attendant Rs.10,000/-
charges
Total Rs.2,91,134/-
14. In view of the foregoing discussion, following order is
passed:
ORDER
(i) Appeal filed by KSRTC in MFA No.100885/2018
and appeal filed by the claimant in MFA
No.100965/2018 are disposed of.
(ii) As against a sum of Rs.2,28,534/- awarded by
the Tribunal, the claimant is entitled to
compensation in a sum of Rs.2,91,134/-.
NC: 2024:KHC-D:577
(iii) The adjudged compensation is to be paid at the
rate of 7% instead of 9%.
(iv) The impugned judgment and award passed by
the Tribunal stands modified to the above
extent.
(v) Amount in deposit, if any, is ordered to be
transmitted to the concerned Tribunal forthwith
for disbursement, in accordance with law.
Sd/-
JUDGE
HMB- Up to para 6
SH- Para 7 to end.
