Karnataka High Court
The Managing Director, Ksrtc vs Arunkumar S/O Chinnappa Korachar on 27 May, 2024
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.100422/2015 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.21096 OF 2013
IN MFA NO.100422/2015 :
BETWEEN:
SRI. ARUN KUMAR
S/O. CHINNAPPA KORACHAR,
AGE: 49 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O. CHIKKONATI,
TQ: HIREKERUR,
HAVERI DISTRICT.
...APPELLANT
(BY SRI. H. R. HOOLI, FOR
SRI. CHANDRASHEKHAR R. HIREMATH, ADVOCATES)
Digitally signed
by
SHIVAKUMAR
HIREMATH
Location: HIGH
AND:
COURT OF
KARNATAKA
THE MANAGING DIRECTOR,
KSRTC, GULBARGA.
...RESPONDENT
(BY SRI. PRAKASH N. HOSAMANE, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1)
OF MOTOR VEHICLES ACT, 1988, PRAYING TO ALLOW THIS APPEAL
MODIFYING THE JUDGMENT AND AWARD DATED 27.09.2012
PASSED IN MVC CASE NO.85/2011 PASSED BY THE SR. CIVIL JUDGE
AND JMFC COURT, HIREKERUR, IN TH INTEREST OF JUSTICE.
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
IN MFA NO.21096/2013
BETWEEN:
THE MANAGING DIRECTOR, KSRTC,
GULBARGA PRESENTLY REPRESENTED
BY ITS CHIEF LAW OFFICER,
CENTRAL OFFICE,
SARAGE SADAN,
GULBARGA.
...APPELLANT
(BY SRI. PRAKASH N. HOSAMANE, ADVOCATE)
AND:
ARUNKUMAR
S/O. CHINNAPPA KORACHAR,
AGE: 47 YEARS,
OCC: BUSINESS & AGRICULTURE,
R/O. CHOKKONATI,
TQ: HIREKERUR,
DIST: HAVERI.
...RESPONDENT
(BY SRI. H. R. HOOLI, FOR
SRI. CHANDRASHEKHAR R. HIREMATH, ADVOCATES)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173(1)
OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE/QUASH
THE JUDGMENT AND AWARD DATED 27.09.2012 PASSED BY THE SR.
CIVIL JUDGE AND JMFC AT HIREKERUR IN MVC NO.85/2011 IN THE
ENDS OF JUSTICE.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
COMMON JUDGMENT
1. Heard learned counsel for the appellant and
respondent on admission in both the appeals. With the
consent of learned counsel for the parties, the matters are
taken up for final disposal at the admission stage itself.
2. As these two appeals are arising out of a
common judgment and award of the Tribunal, they are
heard together and dispose of by this Court by common
judgment.
3. For the sake of convenience, the parties in the
present appeals are referred to as they are referred to in
the claim petition.
4. MFA.No.100422/2015 is filed by the claimant
seeking enhancement of compensation awarded by the
Tribunal, whereas MFA.No.21096/2013 is filed by the
Karnataka State Road Transport Corporation, Gulbarga
("the Corporation" for short) as the owner and insurer of
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
the offending vehicle, seeking reduction of compensation
awarded by the Tribunal.
5. As there is no dispute with regard to the
injuries sustained by the claimant in the road traffic
accident occurred on 17.12.2001 due to rash and
negligent driving by the driver of the offending bus bearing
registration No.KA.32-F-549, and the liability of the
Corporation.
6. The point that arises for consideration in this
appeal is :
Whether the compensation awarded by the
Tribunal is just and reasonable or does it call for
enhancement or for reduction?
7. Learned counsel for the claimant submits that
in-spite of disability stated by the doctor at 75% to the
lower limb, the Tribunal has committed an error in not
considering the same and it has considered only 45%
disability and the Tribunal has not awarded fair
compensation towards loss of earning due to disability.
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
Further the Tribunal has not considered the income of the
claimant, in-fact the claimant was a coolie or unskilled
labour and he was earning Rs.200/- per day and the
claimant own agricultural land and having income of
Rs.10,000/- per month, but the Tribunal has not
considered this aspect. Hence, he prays to allow the
appeal filed by the claimant and to dismiss the appeal filed
by the Corporation.
8. As per Ex.P.7-Wound Certificate, the claimant
has sustained the following injuries.
1. Comminuted fracture of left-side tibia as per
the opinion given by Dr.Harish Kanakapur of
Kshjema Hospital, Hubli.
2. Contusion over the right eye brow 3x3 cm.
3. Cut lacerated wounds 2 in number
measuring 4x3 cm, 4x3 cm.
As per the opinion of the doctor, injury No.1 is
grievous in nature and injury Nos.2 and 3 are simple in
nature.
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
9. The injuries sustained and the treatment taken
by the claimant are also evident from Ex.P.8-Discharge
Card, Ex.P.12-Medical certificate, Ex.P.15-Case Sheet,
Ex.P.16-Discharge Summary and Ex.P.18-Ex-ray report.
Hence, the oral evidence of the claimant is supported by
the documentary evidence as referred above and the
doctor who was examined as PW.2.
10. PW.2-Dr.Harish Kanakapur in his evidence has
stated that the claimant has suffered 45% to the whole
body. Considering grievous injury No.1 and other injuries
sustained by the claimant, the Tribunal has awarded only
Rs.15,000/- under the head of pain and sufferings is not
reasonable one. As per settled law for one grievous injury,
the claimant is entitled for compensation an amount of
Rs.40,000/- and for two simple injuries he is entitled for
Rs.10,000/-. Therefore the claimant is entitled for
Rs.50,000/- in all under the head of pain and suffering as
against Rs.15,000/- awarded by the Tribunal.
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
11. The Tribunal has awarded a sum of
Rs.47,500/- towards medical expenses on the basis of
the actual medical bills and the same is just and
reasonable and no interference is called for by this Court
in this regard.
12. Towards loss of earning during the treatment
and loss of earning during bed-rest, the Tribunal has
awarded a sum of Rs.5,000/-. Towards loss of income
during laid up period, the Tribunal ought to have awarded
Rs.13,500/- considering monthly income of Rs.4,500/- and
the nature of injuries sustained by the claimant and hence
a sum of Rs.13,500/- is awarded under this head as
against Rs.5,000/- awarded by the Tribunal.
13. Towards loss of future earnings due to
disability, the Tribunal has awarded a sum of
Rs.3,88,800/- considering the notional income of
Rs.4,500/-, which is just and reasonable and hence no
interference is called for in this regard.
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
14. Considering the disability stated by the doctor,
the compensation in-respect of discomfort and
unhappiness undergone by the claimant, the Tribunal
awarded a sum of Rs.20,000/- towards loss of amenities
in life happiness frustration, which is not reasonable and
hence an additional sum of Rs.5,000/- is awarded under
the head of loss of amenities.
15. Towards food, conveyance, nourishment and
attendant charges, the Tribunal has awarded a sum of
Rs.10,000/-, which is not reasonable and hence an
additional sum of Rs.10,000/- is awarded under this
head.
16. Towards loss of expectation of life the Tribunal
has awarded a sum of Rs.15,000/-, which is just and
reasonable and hence no interference is called for in this
regard.
17. Thus, the claimant is entitled for compensation
on the following heads;
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MFA No. 100422 of 2015
C/W MFA No. 21096 of 2013
Compensation awarded
Sl.
Description By the By this
No.
Tribunal Court
1 Loss of amenities 20,000 25,000
2 Conveyance, attendant charges
food and nourishment. 10,000 20,000
3 Pain, shock suffering and fractures
and loss of expectation of life 30,000 50,000
4 Loss of future earnings due to
disability 3,88,800 3,88,800
5 Loss of earnings during treatment. 5,000 13,500
6 Loss of expectation of life 15,000 15,000
7 Medical expenses 47,500
Total 5,01,300 5,59,500
Enhanced by this Court 58,500
Therefore, the claimant is entitled to receive total
compensation of Rs.5,59,500/- as against the
compensation of Rs.5,01,300/- awarded by the Tribunal.
Accordingly, I pass the following;
ORDER
i) M.F.A.No.100422/2015 filed by the complainant
is hereby allowed in part.
ii) M.F.A.No.21096/2013 filed by the Corporation
is hereby dismissed.
iii) The judgment and award dated 27.09.2012
passed in MVC.No.85/2011 by the Senior Civil
Judge and JMFC, Hirekerur is hereby modified
to the extent stated herein above.
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iv) The claimant is entitled for compensation of
Rs.5,59,500/- as against the compensation of
Rs.5,01,300/- awarded by the Senior Civil
Judge and JMFC, Hirekerur with interest at the
rate of 6% per annum on the enhanced
compensation of Rs.58,500/- from the date of
the claim petition, till the date of its realization.
v) Respondent/Corporation is directed to deposit
the enhanced compensation with interest within
a period of four weeks from the date of receipt
of copy of this judgment.
vi) Out of the additional compensation, the
Tribunal is directed to disburse the entire
compensation to the claimant on proper
identification.
vii) The amount in deposit if any shall be
transmitted to the Tribunal within two weeks
from today.
No order as to costs
Sd/-
JUDGE
EM: Ct-an
