Karnataka High Court
Laxmikant S/O Narayandas Chandak vs The Managing Director on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5505
MFA No. 201352 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 201352 OF 2023 (MV-I)
BETWEEN:
LAXMIKANT S/O NARAYANDAS CHANDAK
AGE. 48 YEARS,
OCC. CONTRACTOR AND BUSINESS,
R/O. MAHAVEER COLONY,
VIJAYAPURA-586101.
...APPELLANT
(BY SRI SANGANAGOUDA V. BIRADAR, ADVOCATE)
AND:
THE MANAGING DIRECTOR
ANDRA PRADESH STATE ROAD
TRANSPORT CORPORATION,
HYDERABAD-500001.
...RESPONDENT
(BY SRI S.V. DESHMUKH, ADVOCATE)
Digitally signed
by RENUKA THIS MFA IS FILED U/S 173(1) OF MVC ACT, PRAYING TO
Location: HIGH ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE
COURT OF
KARNATAKA APPELLANT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 28.09.2021 PASSED BY THE COURT OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT
CLAIMS TRIBUNAL NO.VI AT VIJAYAPUR IN MVC NO.
1540/2015.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
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NC: 2024:KHC-K:5505
MFA No. 201352 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. In respect of an accident, which is not in dispute, in
which the claimant had suffered injuries and the liability of
the respondent to pay the compensation is also not in
dispute, the Tribunal has awarded the following sums as
compensation:
Compensation
Sl. As awarded by
No. Nature of Heads the Tribunal
(In Rs.)
1. Pain and suffering 15,000/-
Loss of income during laid up
2. 7,500/-
period
Loss of future earning and
3. 67,500/-
amenities
Medical and incidental
4. 2,10,000/-
expenses
Total 3,00,000/-
2. The Tribunal has recorded a finding that the claimant
did suffer fracture of pelvis and also dislocation of right
Sacroiliac Joint with pubic diastasis. The claimant was
operated by open reduction of internal dixation with plate
and screw. The Tribunal after taking note of the evidence
of the Doctor, who has examined the claimant, who had
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stated that the claimant had suffered 17% disability in
relation to the pelvis having regard to the fracture of
pelvis and 9% stability component, has ultimately
assessed the disability at 5% to the whole body.
3. In my view, having regard to the age of the claimant
being 39 years as on the date of the accident, and the fact
that he had suffered two major fractures of the pelvis,
which has restricted his hip movements, it would be
appropriate to assess the disability at 10% to the whole
body.
4. The notional income taken by the Tribunal for the
accident of the year 2014 at Rs.7,500/- per month is just
and proper and hence the same is maintained.
5. The claimant was hospitalised for 21 days and in that
view of the matter, it would be appropriate to award a
sum of Rs.50,000/- towards pain and suffering.
6. Since the claimant was hospitalised for 21 days, the
period during which he would have been laid up would
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have to be construed as four months. Accordingly, the
claimant would be entitled to the sum of Rs.30,000/-
(Rs.7,500/- x 4) for the loss of income during lead up
period.
7. Since the percentage of disability is re-assessed at
10%, the claimant would be entitled to a sum of
Rs.1,35,000/- (Rs.7,500/- x 12 x "15" x 10%) towards loss
of future earnings.
8. The Tribunal, while recording a finding that the
medical bills totally amounting to Rs.2,04,000/-, has
granted a sum of Rs.2,10,000/- towards medical expenses
including the compensation towards attendant charges,
food, conveyance etc.
9. In my view, having regard to the fact that the
claimant had suffered fractures and was hospitalised for
21 days spending a sum of Rs.2,04,000/-, it would be just
and proper to award a sum of Rs.2,50,000/- under all
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these heads, viz., medical expenses, food,
nourishment, conveyance and attendant charges.
10. Since the claimant has suffered 10% disability to the
whole body, it would be appropriate to award a sum of
Rs.25,000/- towards loss of amenities in life.
11. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
Compensation
Compensation
as awarded
Sl. as awarded
by the
No. Nature of Heads by this Court
Tribunal
(In Rs.)
(In Rs.)
1. Pain and suffering 15,000/- 50,000/-
Loss of income
2. 7,500/- 30,000/-
during laid up
(Rs.7,500/- x 4
period
Medical and
3. incidental 2,10,000/- 2,50,000/-
expenses
Loss of future 1,35,000/-
4. 67,500/- (Rs.7,500/- x 12 x
earnings "15" x 10%)
(Rs.7,500/- x 12 x
Loss of amenities "15" x 5%)
5. 25,000/-
in life
Total 3,00,000/- 4,90,000/-
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12. Thus, the claimant is held entitled to the total
compensation of Rs.4,90,000/- as against Rs.3,00,000/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
13. The respondent-Road Transport Corporation is
directed to deposit the amount of compensation awarded
within two months from the date of receipt of a certified
copy of this judgment.
14. The deposit and release of the enhanced
compensation amount shall be made as per the ratio
adopted by the Tribunal.
15. The appeal is accordingly allowed in part.
16. In view of the disposal of the appeal, all pending
interlocutory applications, if any, stand disposed of.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
RK
