Karnataka High Court
Sri Vittal Shetty vs The Managing Director on 30 July, 2024
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2024:KHC:29974
MFA No. 2561 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO.2561 OF 2022(MV-I)
BETWEEN:
SRI VITTAL SHETTY,
AGED ABOUT 48 YEARS,
S/O LATE SOMAPPA SHETTY,
R/AT CHANDRAGIRI HOUSE,
SABARABAILU, KUVETTU VILLAGE,
BELTHANGADI, D.K. DISTRICT - 574 214.
...APPELLANT
(BY SRI RAJARAMA SOORYAMBAIL, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
K.S.R.T.C. CENTRAL OFFICE,
BENGALURU - 560 027.
Digitally ...RESPONDENT
signed by (BY SRI DABALI FAKKIRAPPA SHIDRAMAPPA, ADVOCATE)
YAMUNA K L
Location: THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
High Court of SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE
Karnataka JUDGMENT AND AWARD DATED 21.09.2021 PASSED IN MVC
NO.1212/2019 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND
MACT AT BELTHANGADY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
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NC: 2024:KHC:29974
MFA No. 2561 of 2022
ORAL JUDGMENT
This appeal is preferred by the appellant-claimant
challenging the judgment and award dated 21.09.2021
passed in MVC.No.1212/2019 on the file of the Principal
Senior Civil Judge and MACT, Belthangady (for short 'the
Tribunal'). This appeal is founded on the premise of
inadequate and meager compensation awarded by the
Tribunal.
2. Parties to the appeal shall be referred to as per
their status before the Tribunal.
3. Heard the arguments of learned counsel for the
parties and perused the material placed before the Court.
4. The Tribunal has awarded total compensation of
Rs.29,270/- with interest at 6% per annum and directed
the respondent - Corporation to pay the compensation.
5. It is the vehement contention of learned counsel
for the appellant that the Tribunal has committed an error
in not awarding just and reasonable compensation by not
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taking into consideration pain and suffering, loss of
amenities, expenditures spent during the period of
inpatient and certain medical expenses. Therefore, he
contends that the compensation awarded by the Tribunal
is on the lower side, the same requires to be enhanced.
6. Per contra, learned counsel representing the
respondent - Corporation contends that admittedly, there
is no disability sustained by the claimant and the injuries
are minor in nature. Therefore, the compensation is
awarded in accordance with the medical records. No
documents are produced and no evidence is adduced by
the Doctor to show any disability or inconvenience except
showing that he was inpatient for 19 days in the hospital.
Therefore, he sustains the order passed by the Tribunal
and seeks rejection of the appeal.
7. Having heard the learned counsel for both parties,
the occurrence of accident is not in dispute and the same
is proved. The Tribunal awarded a compensation of
Rs.29,270/-. The claimant was a Mason by profession.
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Admittedly, there is no evidence of the Doctor that no
disability is produced or pleaded. Therefore, the
compensation awarded by the Tribunal is on the basis of
medical documents produced, however, the same is on the
lower side, taking into consideration the injuries sustained,
the claimant being inpatient for 19 days and the food,
nourishment and other expenditures met during the period
of treatment will have to be awarded. After considering all
these aspects, this Court is of the opinion that an
additional amount of Rs.50,000/- is required to be
awarded as a global compensation as discussed herein
above. Under these circumstances, the claimant would be
entitled to an additional global compensation of
Rs.50,000/- over and above the amount awarded by the
Tribunal.
8. Accordingly, I pass the following:
ORDER
i) The appeal is allowed-in-part.
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ii) The impugned Judgment & Award dated
21.09.2021 passed by the Tribunal in MVC
No.1212/2019 is modified.
iii) The appellant/claimant would be entitled to
total compensation of Rs.79,270/- as
against Rs.29,270/- awarded by the Tribunal
along with interest at 6% per annum.
iv) The enhanced compensation amount shall be
paid with interest at 6% per annum by the
respondent - Corporation within a period of
four weeks from the date of receipt of copy of
this judgment.
v) The compensation amount shall be released in
favour of the appellant-claimant as per the
terms of the Tribunal by electronic transfer to
the claimant upon furnishing the required
Bank details/upon proper identification.
vi) All other terms and conditions stipulated by
the Tribunal shall stand intact.
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vii) The Registry is directed to transmit the
original records to the jurisdictional Tribunal
forthwith.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CPN
