Karnataka High Court
Nagaraj Gouda @ Nagaraj vs Maheboob S/O Mohammed Sab And Anr on 10 June, 2024
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NC: 2024:KHC-K:3747
MFA No. 201558 of 2017
C/W MFA No. 201152 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE UMESH M ADIGA
MISCL. FIRST APPEAL NO.201558 OF 2017 (MV-I)
C/W
MISCL. FIRST APPEAL NO.201152 OF 2017
IN MFA.NO.201558 OF 2017 .
BETWEEN:
THE MANAGING DIRECTOR, NEKRTC
SUPER MARKET ROAD, NEAR K.B.N HOSPITAL,
GULBARGA (OWNER AND INTERNALLY INSURER) OF
OFFENDING VEHICLE BUS BEARING NO.,
KA-36-F-825,
NOW THROUGH ITS MD, NEKRTC, CENTRAL OFFICE,
Digitally signed
by KHAJAAMEEN SARIGE SADAHANA, MAIN ROAD, KALABURAGI,
L MALAGHAN NOW THROUGH ITS AUTHORISED SIGNATORY.
Location: HIGH
COURT OF ...APPELLANT
KARNATAKA
(BY SRI SHARANABASAPPA M. PATIL, ADVOCATE)
AND:
1. NAGARAJ GOUDA @NAGARAJ
S/O BASSANGOUDA MALIPATIL,
AGE: 45 YEARS,
OCC: AGRICULTURE & SUB-CONTRACTOR, NOW NIL,
R/O: AMARAPUR, TQ. DEVADURGA, DIST. RAICHUR,
NOW RESIDING AT 1ST FLOOR, BHIMARAYA PUJARI,
HARANGER BUILDING, OPP: JMFC COURT
SHAHAPUR,
DIST. YADGIR-585223.
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MFA No. 201558 of 2017
C/W MFA No. 201152 of 2017
2. MAHEBOOB S/O MOHAMMED SAB
AGE: 32 YEARS, OCC: NEKRTC DRIVER, (NO.103),
R/O MASARKAL, TQ. DEVADURGA, DIST: RAICHUR,
NOW AT DEVADURGA BUS DEPOT, DEVADURGA,
DIST: RAICHUR-585212.
...RESPONDENTS
(BY SRI CHAITANYA KUMAR CHANDRIKI, ADVOCATE FOR R1;
R2 IS SERVED.)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO MODIFY THE ORDER OF THE TRIBUNAL AND
CALL FOR THE LOWER COURT RECORDS AND HEAR THE
PARTIES AND SET ASIDE THE JUDGMENT DATED 28.04.2017
AND AWARD DATED 28.04.2017 IN MVC.NO.104/2015 IN THE
COURT OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT
AT SHAHAPUR.
IN MFA.NO.201152 OF 2017.
BETWEEN:
NAGARAJ GOUDA @ NAGARAJ
S/O BASSANGOUDA MALIPATIL,
AGE: ABOUT 45 YEARS,
OCC: AGRICULTURE & SUB CONTRACTOR,
R/O. AMARAPUR, TQ. DEVDURGA, DIST. RAICHUR,
NOW R/O 1ST FLOOR, BHIMARAYA PUJARI
HARANGER, BUILDING, OPP. JMFC COURT,
SHAHAPUR, DIST: YADGIRI.
...APPELLANT
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND:
1. MAHEBOOB S/O MOHAMMED SAB
AGE: 32 YEARS, OCC: DRIVER OF VEHICLE,
R/O MASARKAL, TQ. DEVDURGA, DIST: RAICHUR,
NOW R/O DEVDURGA BUS DEPOT, DEVDURGA,
DIST. RAICHUR-585401
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MFA No. 201558 of 2017
C/W MFA No. 201152 of 2017
2. THE MANAGING DIRECTOR,
NEKRTC, SUPER MARKET ROAD,
NEAR KBN HOSPITAL,
GULBARGA-585103
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, ADVOCATE FOR R2;
VIDE ORDER DATED 12.02.2018 NOTICE TO R1,
IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173 (1) OF M.V.
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST APPEAL
AND CONSEQUENTLY BE PLEASED TO MODIFY THE JUDGMENT
AND AWARD DATED 28.04.2017 PASSED BY THE SENIOR CIVIL
JUDGE ADDITIONAL MACT AT SHAHAPUR IN
M.V.C.NO.104/2015 AND CONSEQUENTLY BE PLEASED TO
ENHANCE THE COMPENSATION AMOUNT FROM RS.3,54,000/-
TO RS.15,00,000/- AND ALSO INTEREST TO BE AWARDED 9%.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are arises out of judgment and award
passed by the learned Senior Civil Judge and Addl. MACT,
at Shahapur in MVC.No.104/2015 dated 28.04.2017.
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02. The MFA.No.201558/2017 is filed by the
appellant - NEKRTC (henceforth for short 'corporation')
challenging the quantum of compensation awarded by the
Tribunal. The MFA.No.201152/2017 is filed by the claimant
for enhancement of the compensation.
03. The brief facts of the case of the claimant are
that on 14.04.2014 around 11.30 a.m. the claimant met
with an accident at Mandkla village on Devadurga -
Gabbur Raichur road, due to rash and negligent driving of
Bus belonging to the corporation bearing Reg.No.KA-36-F-
825 by its driver. It is further case of the claimant that he
was aged about 43 years at the time of accident and
earning Rs.15,000/- per month by working as agricultural
labour. He sustained fractures of both bones of left leg,
because of which he has been suffering from permanent
disability that is affecting his earning capacity. With these
reasons the claimant prays to award the compensation of
Rs.18,80,000/-.
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04. The respondent - corporation denied the entire
contents of the claim petition and prayed for dismissal of
the claim petition.
05. From the rival contentions of both the parties,
the Tribunal had framed the necessary issues for its
determination.
06. The claimant examined as PW.1 and 2 and got
marked Ex.P.1 to 16. The corporation examined its official
as RW.1 and got marked Ex.R.1.
07. The Tribunal after hearing both the parties and
appreciating the evidence available on record had awarded
the following amount of compensation :-
Sl. Heads of Compensation Amount in
No. rupees
01. Loss of future income 2,01,600/-
02. Pain and suffering, mental 25,000/-
agony
03. Loss of amenities 5,000/-
04. Food and nourishment 5,000/-
05. Loss of income during course of 1,800/-
treatment
06. Attendant charges 1,800/-
07. Conveyance charges 5,000/-
08. Medical expenses 1,08,584/-
Total 3,53,784/-
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08. The learned counsel for the corporation
vehemently contends that the Tribunal had taken disability
at 20% to the whole body which is on higher side. The
treated doctor has not been examined before the Tribunal.
PW.2 in his evidence has stated that exaggerated figure of
disability to an extent of 70% to the left lower limb and
25% to the whole body. The fracture is united and except
the shortening of the leg, it is not much affect the earning
capacity of the claimant. Therefore, the disability
considered by the Tribunal is on higher side, which needs
to be corrected. He also submitted that the amount of
compensation awarded under other heads are on higher
side. Therefore, prayed to award just and reasonable
amount of compensation.
09. The learned counsel for the claimant submits
that the Tribunal has taken income of the claimant as
Rs.6,000/- per month, which is on lower side. According to
the claimant, he was working as agricultural labour on
contract basis and earning Rs.15,000/- per month. At least
the Tribunal could have taken the notional income as per
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the chart prepared by the Karnataka Legal Services
Authority at Rs.7,500/- per month. The disability assessed
by the Tribunal is proper and does not call for interference.
The Tribunal has not awarded just and reasonable amount
of compensation under other heads. Therefore, prayed for
enhancement of the compensation.
10. The fact of accident and injuries sustained by
the claimant is not in dispute. The Tribunal has taken
income of the claimant at Rs.6,000/- per month. As per
the chart prepared by the Karnataka Legal Services
Authority, the income of the claimant for the accident of
the year 2015 is Rs.7,500/-. The same could be applied to
the facts of the present case.
11. Considering the evidence of the PW.2 who is
not a treated doctor and the evidence of PW.1 regarding
the difficulties which he has been facing due to injuries
sustained in the accident, as rightly submitted by the
learned counsel for the corporation, the disability
considered by the Tribunal is on higher side. By
reconsidering the materials available on record, the
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permanent disability of the claimant affecting his earning
capacity is taken as 15% to the whole body. The suitable
multiplier applicable in the present case is 14, which is not
in dispute. On the basis of said figures the compensation is
recalculated under the head of loss of future earning
capacity due to permanent disability.
12. As rightly submitted by the learned counsel for
the claimant, the Tribunal has not awarded the just and
reasonable amount of compensation under other heads
which has to be enhanced. Therefore, the compensation is
recalculated and awarded as under:-
Sl. Heads of Compensation Amount in
No. rupees
01. Loss of future earning capacity 1,89,000/-
due to permanent disability
02. Pain and sufferings 40,000/-
03. Loss of amenities 40,000/-
04. Special Diet, attendant charges 25,000/-
and conveyance charges
05. Loss of income during laid up 22,500/-
period (Rs.7,500/- x 3)
06. Medical expenses 1,08,584/-
Total 4,25,084/-
13. The claimants are entitled for enhancement of
Rs.71,300/-. Accordingly, I proceed to pass the following;
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ORDER
I. The appeals filed by the corporation and the claimant
are allowed in part.
II. The impugned judgment and award passed by the
learned Senior Civil Judge and Addl. MACT, at
Shahapur in MVC.No.104/2015 dated 28.04.2017 is
modified;
(a) The claimants are entitled for compensation
of Rs.4,25,084/- as against Rs.3,53,784/-
awarded by the Tribunal. The claimant is
entitled for enhancement of compensation of
Rs.71,300/- with interest on the enhanced
amount of compensation at the rate of 6%
per annum from the date of petition till its
realization.
III. The respondent No.2 - insurance company shall
deposit the said amount with interest within a period
of 02 months from the date of receipt of copy of this
order.
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IV. Enhanced amount of compensation is not much.
Therefore the Tribunal is directed release the entire
amount of compensation and interest in favour
claimant.
V. Whatever amount deposited by the corporation
before this Court shall be transmitted to the Tribunal
for release of amount in favour of the corporation.
VI. The registry is directed to send back the Trial Court
records.
Sd/-
JUDGE
KJJ
CT:PK
