Karnataka High Court
Sri. Garud B M vs Divisional Controller on 5 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:19301
MFA No. 6417 of 2018
C/W MFA No. 10488 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 6417 OF 2018 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 10488 OF 2018 (MV-I)
IN MFA NO.6417/2018:
BETWEEN:
DIVISIONAL CONTROLLER
KARNATAKA STATE ROAD TRANSPORT
CORPORATION, MANGALORE DIVISION
REP BY DIVISIONAL CONTROLLER
HASSAN DIVISION, HASSAN
REP BY ITS CHIEF LAW OFFICER
KH ROAD, SHANTHINAGAR
BANGALORE - 560 027.
...APPELLANT
Digitally signed by B (BY SRI SUMANGALA A SWAMY, ADV.)
K
MAHENDRAKUMAR
Location: HIGH
AND:
COURT OF
KARNATAKA
1. SHRI GARUDA B.M
S/O LATE MADHUSUDHAN
R/O C/O KIRAN
S/O H.S. RANGANNA
KRISHNANILAYA
NAIDU WORKSHOP ROAD
NORTH LAYOUT
HASSAN - 573 201.
2. THE RELIANCE GENERAL
INSURANCE CO, NO.28, 5TH FLOOR
-2-
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MFA No. 6417 of 2018
C/W MFA No. 10488 of 2018
CENTINARY BUILDING, EAST WING
M.G. ROAD, BANGLAORE - 560 001.
...RESPONDENTS
(BY SRI CHETHAN B, ADV., FOR R-1;
SRI B. PRADEEP, ADV., FOR R-2)
THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO
SET ASIDE THE JUDGMENT AND AWARD DATED 24/04/2018,
PASSED IN MVC NO.1589/2015 BY THE 2ND ADDITIONAL
SENIOR CIVIL JUDGE & MEMBER, MACT, HASSAN, AWARDING
COMPENSATION OF RS.3,06,773/- WITH INTEREST AT THE
RATE OF 8% PER ANNUM FROM THE DATE PETITION TILL THE
DATE OF DEPOSIT.
IN MFA NO.10488/2018:
BETWEEN:
SRI GARUD B.M
S/O LATE MADHUSUDAN
AGED ABOUT 24 YEARS
R/AT 3RD STAGE
VIJAYANAGARA LAYOUT
MYSORE NAGAR
MYSORE DIST - 570 001.
PRESENT ADDRESS: C/O KIRAN
S/O H.S. RANGANNA
KRISHNANILYA, MAGADI WORK
SHOP ROAD, NORTH LAYOUT
HASSAN - 543 201. ...APPELLANT
(BY SRI CHETHAN S, ADV.)
AND:
1. DIVISIONAL CONTROLLER
KARNATAKA STATE ROAD
TRANSPORT CORPORATION
MANGALURU, REP BY DIVISION
CONTROLLER, KSRTC, HASSAN DIVISION
HASSAN - 573 201.
-3-
NC: 2024:KHC:19301
MFA No. 6417 of 2018
C/W MFA No. 10488 of 2018
2. SRI NANDAKUMARA
S/O NANJUNDAPPA
R/AT NO.53, HOSAHALLI
ANEKAL, BANGALORE
DIST - 562 106.
3. THE MANAGER
RELIANCE GENERAL INSURANCE
COMPANY LIMITED
NO.28, 5TH FLOOR
CENTENARY BUILDING
EAST WING, MG. ROAD
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT. SUMANGALA A SWAMY, ADV., FOR R-1;
V/O DTD:20.03.2024 NOTICE TO R-2 IS
DISPENCED WITH; SRI B. PRADEEP, ADV., FOR R-3)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED24.04.2018 PASSED IN MVC
NO.1589/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR
CIVIL JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the KSRTC and the claimant
challenging the award dated 24th April 2018 passed by the II
NC: 2024:KHC:19301
Additional Senior Civil Judge & Member, MACT, Hassan in MVC
No.1589/2015.
2. The appellant in MFA No.10488/2018 filed the claim
petition under Section 166 of the Motor Vehicles Act to award
just and proper compensation for having sustained injuries in a
road traffic accident which was caused by the negligent driving
by the driver of the bus belonging to the KSRTC. The Tribunal
in all awarded total compensation amount of Rs.3,06,773/-.
3. The learned counsel for the KSRTC submits that the
medical bills and medical expenses having been reimbursed to
the claimant, the compensation awarded by the Tribunal
towards medical expenses is not legally sustainable.
4. On the other hand, learned counsel for the claimant
contends that the medical bills and the medical expenses were
not reimbursed and the Tribunal taking into consideration
Ex.P50 to 53 and 57 to 61 has rightly awarded compensation
towards medical expenses. He further submits that the doctor
assessed the disability to the right lower limb at 30% and
therefore, claimant is entitled for compensation under the head
of 'loss of future income'.
NC: 2024:KHC:19301
5. Considered the submissions made by learned counsel
for the parties. The KSRTC has not placed any evidence on
record to substantiate that the medical expenses was
reimbursed to the claimant, and the Tribunal taking into
consideration the medical bills at Ex.P50 to Ex.P53 and 57 to 61
has rightly awarded compensation of Rs.1,83,773/- towards
medical expenses.
6. The claimant was aged 21 years as on the date of the
accident and was pursuing B.Com final year course. The
Tribunal has not awarded any compensation towards 'loss of
future' income stating that claimant was not employed as on
the date of accident. The reason assigned by the Tribunal is
arbitrary and without any substance and the claimant is entitled
for compensation under the head of 'loss of future income'.
Due to the accident, the claimant suffered injuries to the right
hip & right femur and the knee movements were restricted and
the x-ray indicated that the fracture is mal-united. The doctor
who examined the claimant assessed the disability to the right
lower limb at 30% and therefore taking the permanent
disability to the whole body at 10%, the claimant is entitled for
compensation under the head of 'loss of future income'. In the
NC: 2024:KHC:19301
absence of proof of income, the notional income of the claimant
is assessed at Rs.8,500/- per month as per the chart issued by
the High Court Legal Services Committee. Therefore, the
claimant is entitled to compensation of Rs.1,83,600/- (Rs.8,500
x 12 x 18 x 10%) towards 'loss of future income' in addition to
the compensation awarded by the Tribunal under other heads.
7. The enhanced compensation amount of Rs.1,83,600/-
(Rupees one lakh eighty-three thousand six hundred only) shall
carry interest at the rate of 6% per annum from the date of
petition till the actual realization.
The amount in deposit before this Court to be transferred
to the jurisdictional Tribunal.
The liability fastened by the Tribunal on the KSRTC is
confirmed.
The enhanced compensation amount with interest shall be
deposited by the KSRTC within a period of three months from
the date of receipt of certified copy of the judgment. The
impugned award passed by the Tribunal is modified to the
above extent.
NC: 2024:KHC:19301
Accordingly, the claimant's appeal in MFA No.10488/2018
is allowed in part and the appeal filed by the KSRTC in MFA
No.6417/2018 is dismissed.
Sd/-
JUDGE
GSS
CT:DN
