Karnataka High Court
Smt Sandhya vs Sri Suryakanth on 5 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:44466
MFA No. 8632 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.8632 OF 2018(MV-I)
BETWEEN:
1. SMT. SANDHYA @ VANAJA
W/O. SATHISH ACHAR
AGED ABOUT 30 YEARS
R/O. VINAYAKA NAGAR
KUMBHASHI, KUNDAPURA TALUK
UDUPI DISTRICT - 572 101.
...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
by KIRAN DRIVER
KUMAR R GULBARGA K.S.R.T.C. DEPOT.
Location: HIGH GULBARGA - 550 311.
COURT OF
KARNATAKA
2. MANAGING DIRECTOR
K.S.R.T.C., GULBARGA DEPOT.
GULBARGA - 550 311.
...RESPONDENTS
(BY B. L. SANJEEV, ADVOCATE FOR R-2;
VIDE ORDER DATED 15.10.2024, NOTICE TO R-1
IS DISPENSED WITH)
-2-
NC: 2024:KHC:44466
MFA No. 8632 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.1016/2012, ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT,
UDUPI (SITTING AT KUNDAPURA), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. Being dissatisfied with the award of compensation of
Rs.1,84,440/-, the claimant is in appeal seeking
enhancement.
2. The occurrence of the accident and the liability to
pay compensation by the KSRTC are not in dispute.
3. The Tribunal has come to the conclusion that the
claimant has suffered disability to the extent of 9%
and has chosen to disregard the evidence of the
doctor who has stated that the claimant had suffered
the disability at 18% to the limb. In my view, the
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disability assessed by Tribunal at 9% to the whole
body cannot be found fault with.
4. However, the Tribunal has committed an error in
assessing the notional income of the claimant at
Rs.4,000/-. Since there was no evidence to that
effect, 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 is
aged about 26 to 30 years, the appropriate multiplier
would be '17'. Consequently, the claimant would be
entitled to a sum of Rs.1,28,520/- (Rs.7,000/- X 12
X '17' X 9%) towards 'loss of future earnings'.
5. The Tribunal has awarded Rs.25,000/- towards 'pain
and sufferings' and has not awarded any amount
towards 'loss of amenities'. Having regard to the
disability suffered by the claimant at 9%, it would be
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appropriate to award a sum of Rs.50,000/- each
under the said heads.
6. The Tribunal has taken the laid-up period as 1½
months, since the claimant was hospitalised for 17
days, it would be appropriate to take the laid-up
period as 3 months and consequently, the claimant
would be entitled to a sum of Rs.21,000/-
(Rs.7,000/- X 3 months) towards 'loss of earnings
during the laid-up period'.
7. The Tribunal has awarded Rs.10,000/- towards
'conveyance, nutritious food and attendant charges'.
In my view, it would be appropriate to enhance the
said sum to Rs.25,000/- since the claimant was
hospitalised for 17 days.
8. As regards Rs.65,000/- awarded towards 'medical
expenses', which is based on documentary evidence
and the sum of Rs.5,000/- awarded towards 'future
medical expenses' are just and proper, and are
accordingly affirmed.
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9. Consequently, the award of the Tribunal is modified
and the following sums are awarded as
compensation:
As awarded As awarded
Sl. by the by this
Compensation under Tribunal Court
No. different Heads
(Rs.) (Rs.)
1. Pain and sufferings 25,000/- 50,000/-
Loss of future 73,440/- 1,28,520/-
2.
earnings
3. Medical expenses 65,000/- 65,000/-
Loss of income 6,000/- 21,000/-
4. during the laid up
period
Conveyance, 10,000/- 25,000/-
5. nourishment and
nutritious food
Loss of amenities in Nil 50,000/-
6.
life
7. Future medical 5,000/- 5,000/-
expenses
1,84,440/- 3,44,520/-
Total
10. Accordingly, the claimant is held entitled to a
compensation of Rs.3,44,520/- as against
Rs.1,84,440/- along with interest at the rate of 6%
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p.a. on the enhanced compensation amount from the
date of petition till its realisation.
11. However, the claimant would not be entitled to a
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. The appeal is, accordingly, allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
HNM
