Karnataka High Court
Jairatnamma vs Managing Director on 6 November, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:44876
MFA No. 7494 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 7494 OF 2018
(MV-I)
BETWEEN:
1. JAIRATNAMMA
W/O NAGARAJ
AGED ABOUT 44 YEARS,
R/AT CHITTANAHALLI
KOPPA HOBLI, MADDUR TALUK,
MANDYA DISTRICT-577401
...APPELLANT
(BY SRI. SHANTHARAJ K., ADVOCATE)
AND:
1. MANAGING DIRECTOR
K.S.R.T.C.
CENTRAL OFFICE,
Digitally signed K H ROAD, SHANTHINAGAR
by KIRAN KUMAR BENGALURU-560027.
R
Location: HIGH
COURT OF 2. SMT M ROOPASHREE
KARNATAKA W/O P SHIVAKUMAR
AGED MAJOR, PROPRIETOR
JATIN MOTOR SERVICE,
K R NAGAR MAIN ROAD,
MYSORE
AND ALSO R/AT NO.369/C
5TH CROSS, LAKSHMI ROAD,
SHANTHINAGAR
BENGALURU-5600270.
3. THE MANAGER
-2-
NC: 2024:KHC:44876
MFA No. 7494 of 2018
RELIANCE GEN INS CO LTD
NO.28, 5TH FLOOR,
CENTENARY BUILDING,
M G ROAD, BENGALURU-560 001
...RESPONDENTS
(BY SRI. F.S.DABALI., ADVOCATE FOR R-1;
VIDE ORDER DATED:21.02.2019, NOTICE TO R-2 IS
DISPENSED WITH;
SRI. RAVI.S.SAMPRATHI., ADVOCATE FOR R-3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:27.07.20018
PASSED IN MVC NO.552/2014 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, MACT, RAMANAGARA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant, being dissatisfied with the award of
compensation of Rs.1,79,500/-, is in appeal.
2. For the injuries suffered by the claimant, the Tribunal
has assessed the whole body disability at 10% and has
taken the notional income at Rs.4,500/- to award the
following sums:
NC: 2024:KHC:44876
Sl. Amount
Nature of Heads
No. (In Rs.)
Expenses towards treatment,
1. hospitalization, medicines and 44,863/-
miscellaneous expenses
Future loss of earnings on
2. 75,600/-
account of permanent disability
3. Future medical expenses 20,000/-
Nourishment and attendant
4. 5,000/-
charges
5. Loss of earnings during period of
9,000/-
treatment i.e., laid up period
6. Pain and suffering 20,000/-
7. Loss of amenities and enjoyment
5,000/-
of life
Total : 1,79,463/-
3. In my view, the assessment of disability at 10%
cannot be found fault with. However, the Tribunal has
committed an error in adopting the notional income of
Rs.4,500/-. Since the Karnataka State Legal Services
Authority has determined a sum of Rs.8,500/- as the
notional monthly income for the accidents of the year
2014, it would be appropriate to adopt the said sum and
consequently, the claimant would be entitled to a sum of
Rs.1,42,800/- (Rs.8,500/- x 12 x '14' x 10%) towards loss
NC: 2024:KHC:44876
of future income on account of disability, as against
the sum of Rs.75,600/- awarded the Tribunal.
4. The Tribunal has awarded a sum of Rs.44,863/- as
medical expenses and Rs.20,000/- towards future
medical expenses. In my view, this award, being based
on documentary evidence and the doctor's evidence,
cannot be found fault with.
5. The Tribunal has awarded a sum of Rs.5,000/-
towards conveyance, nourishment and attendant
charges. In my view, it would be appropriate to enhance
the said sum to Rs.15,000/- under this head.
6. The Tribunal has determined the laid up period as
two months and awarded Rs.9,000/- towards loss of
income during laid up period. In my view, it would be
appropriate to determine the laid up period of three
months and award a sum of Rs.25,500/- [Rs.8,500/- x 3].
7. The Tribunal has awarded a sum Rs.20,000/-
towards pain and suffering, and a sum of Rs.5,000/-
NC: 2024:KHC:44876
towards loss of amenities. Having regard to the nature
of injuries, it would be appropriate to enhance the said
sums to Rs.30,000/- and Rs.25,000/- under these
respective heads.
8. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
As
As awarded
Sl. awarded
Nature of Heads by this
No. by the
Court
Tribunal (In Rs.)
(In Rs.)
Expenses towards
treatment, hospitalization,
1. 44,863/- 44,863/-
medicines and
miscellaneous expenses
Future loss of earnings on 1,42,800/-
2. account of permanent 75,600/- (Rs.8,500/- x 12
disability x 14 x 10%)
3. Future medical expenses 20,000/- 20,000/-
Nourishment and
4. 5,000/- 15,000/-
attendant charges
Loss of earnings during
5. period of treatment i.e., 9,000/- 25,500/-
[Rs.8,500/- x 3]
laid up period
6. Pain and suffering 20,000/- 30,000/-
Loss of amenities and
7. 5,000/- 25,000/-
enjoyment of life
Total : 1,79,463/- 3,03,163/-
NC: 2024:KHC:44876
9. Thus, the claimant is held entitled to the total
compensation of Rs.3,03,163/- as against Rs.1,79,463/-,
along with interest at the rate of six per cent per annum
from the date of petition till its realization.
10. The liability to pay the compensation shall be as per
the determination by the Tribunal.
11. Respondent Nos.1 and 3 are directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
12. The apportionment, deposit and release of the
enhanced compensation amount shall be made as per the
ratio adopted by the Tribunal.
The appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
RK
