Karnataka High Court
Sri Sathish Achar vs Sri Suryakanth on 5 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:45986
MFA No. 8641 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.8641 OF 2018(MV-I)
BETWEEN:
1. SRI SATHISH ACHAR
S/O. PARAMESHWAR ACHARYA
AGED ABOUT 42 YEARS
R/O. VINYAKA NAGAR
KUMBHASHI, KUNDAPURA TALUK
UDUPI DISTRICT - 576 201.
...APPELLANT
(BY SRI S. M. ANJAL, FOR;
SRI K. PRASANNA SHETTY, ADVOCATES)
AND:
1. SRI SURYAKANTH
S/O. SHIVALINGAPPA
AGED ABOUT 41 YEARS
Digitally signed DRIVER
by KIRAN
KUMAR R GULBARGA K. S. R. T. C. DEPOT.
Location: HIGH GULBARGA - 530 112
COURT OF
KARNATAKA
2. MANAGING DIRECTOR
K. S. R. T. C., GULBARGA DEPOT.
GULBARGA - 530 112.
...RESPONDENTS
(BY SRI B. L. SANJEEV, ADVOCATE FOR R-2;
VIDE ORDER DATED 15.10.2024, NOTICE TO R-1 IS
DISPENSED WITH)
-2-
NC: 2024:KHC:45986
MFA No. 8641 of 2018
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 17.08.2016
PASSED IN MVC NO.1015/2012 ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE ADDITION
MACT, KUNDAPURA, UDUPI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIWN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.1,88,000/-, the claimant is in this appeal seeking
enhancement.
2. The occurrence of the accident and the KSRTC'S
liability to pay compensation are not in dispute.
3. The Tribunal has recorded a finding that the claimant
had suffered an injury to his left waist and crush
injury to the right hand finger and had also suffered
a fracture to the femur of his right leg, apart from an
injury to his right ankle and further fracture to the
big toe of his right foot. The doctor who was
examined has stated that the claimant has suffered a
NC: 2024:KHC:45986
disability to the extent of 20% to the lower limb and
6% to the upper limb. In my view, it would be
appropriate to treat the whole body disability at 15%
as he has suffered two fractures.
4. Since there was no evidence of the income of the
claimant, as the Karnataka State Legal Services
Authority has determined the notional income as
Rs.7,000/- for the accident of the year 2012, it would
be appropriate to determine the notional income of
the claimant at Rs.7.000/-. Since the claimant was
aged 36 years, the appropriate multiplier would be
'15'. Consequently, the claimant would be entitled to
a sum of Rs.1,89,000/- (Rs.7,000/- X 12 X '15' X
15%) towards 'loss of future earnings'.
5. The Tribunal has awarded a sum of Rs.40,000/-
towards 'pain and suffering' and has not awarded any
amount towards 'loss of amenities'. In my view,
having regard to the nature of injuries suffered by
NC: 2024:KHC:45986
the claimant, it would be appropriate to award
Rs.50,000/- each under the said heads.
6. The Tribunal has awarded a sum of Rs.15,000/-
towards 'food, nutrition, conveyance and attendant
charges'. Since the claimant was hospitalised for 18
days, it would be appropriate to award Rs.25,000/-
under the said head.
7. The Tribunal has taken the laid-up period as three
months. This laid-up period assessed by the Tribunal
is just and proper, and since the income is assessed
at Rs.7,000/-, the claimant would be entitled to a
sum of Rs.21,000/- (Rs.7,000/- X 3 months)
towards 'loss of earnings during laid up period'.
8. As regards Rs.73,000/- awarded towards medical
expenses which is awarded based on documentary
evidence is just and proper, and the same is
accordingly affirmed.
NC: 2024:KHC:45986
9. Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
As As
awarded awarded
Sl. Compensation by the by this
No. under different Tribunal Court
Heads
(Rs.) (Rs.)
1. Pain and sufferings 40,000/- 50,000/-
Loss of future 40,000/- 1,89,000/-
2.
earnings
3. Medical expenses 73,000/- 73,000/-
Loss of income 20,000/- 21,000/-
4. during the laid up
period
Conveyance, 15,000/- 25,000/-
5. nourishment and
nutritious food
Loss of amenities in Nil 50,000/-
6.
life
Total 1,88,000/- 4,08,000/-
10. Accordingly, the claimant is held entitled to a
compensation of Rs.4,08,000/- as against
Rs.1,88,000/- along with interest at the rate of 6%
NC: 2024:KHC:45986
p.a. on the enhanced amount from the date of
petition till its realisation.
11. However, the claimant would not be entitled to
interest for the delayed period as per order dated
22.10.2024.
12. The KSRTC is directed to deposit the amount of
compensation awarded within two months from the
date of receipt of a certified copy of this judgment.
13. The other aspects of the Award of the Tribunal
remain undisturbed.
14. This appeal is, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
