Karnataka High Court
The Managing Director, K.S.R.T.C vs Mrs. Jameela on 11 November, 2024
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MFA No. 3980 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.3980 OF 2023(MV-I)
BETWEEN:
THE MANAGING DIRECTOR,
K.S.R.T.C., K.H. ROAD,
BANGALORE-560 027.
REP. BY ITS DIVISION CONTROLLER,
BANGALORE DEPOT.
NOW REPRESENTED BY IT'S
CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. F.S. DABALI, ADVOCATE)
AND:
1. MRS. JAMEELA,
W/O ABOOBAKKAR,
AGED ABOUT 39 YEARS,
Digitally signed by
AASEEFA PARVEEN R/AT UPPUGUDDE HOUSE,
Location: HIGH ALADKA, NARICOMBU VILLAGE,
COURT OF BANTWAL TALUK,
KARNATAKA DISTRICT. MANGALURU(D.K)
PIN-574211.
2. THE DIRECTOR,
K.G.I.D MOTOR BRANCH,
V.V. TOWER BANGALORE-560 001.
(INSURANCE POLICE KARNATAKAK GOVT.
ORDER NO. 106/TMA/68
DTD. 04-04-1968) (K.G.I.D)
...RESPONDENTS
(BY SRI. DHANANJAY KUMAR,ADVOCATE FOR R1 (ABSENT);
R2- NOTICE DISPENSED WITH, V/O. DATED 10.08.2023)
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MFA No. 3980 of 2023
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.09.2022 PASSED IN
MVC NO. 162/2019 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, MOTOR ACCIDENT CLAIMS
TRIBUNAL, IX, BANTWAL, DAKSHINA KANNADA, AWARDING
COMPENSATION OF RS. 4,17,000/- WITH FURTHER INTEREST
AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL
DEPOSIT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri.F.S.Dabali, learned counsel for the appellant.
Though Sri.Dhananjay Kumar, learned counsel is on record for
respondent No.1/claimant, learned counsel failed to make his
appearance and submit his contentions.
2. The order that is rendered by the Motor Accidents
Claims Tribunal-IX, Dakshina Kannada, Bantwal, in MVC
No.162/2019 dated 17.09.2022 is in challenge.
3. Though Sri.F.S.Dabali, learned counsel for the
appellant made his submission that the compensation granted
by the Tribunal under all heads is excessive, yet learned
counsel argued only in respect of awarding Rs.72,000/-
towards loss of future income. Learned counsel Sri.F.S.Dabali
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submits that respondent No.1/claimant did not examine any
doctor who treated her or atleast assessed the disability.
However, without considering the said fact, the Tribunal
assessed the permanent and functional disability as 10% and
awarded a sum of Rs.72,000/- under the head loss of future
earnings.
4. The Tribunal at para 17 (f) of the order observed as
follows:
"Looking to the nature of the injuries,
avocation of the petitioner and other
attending circumstances, I feel it is just and
proper to hold that, the petitioner is having
10% permanent physical and functional
disability for the purpose of assessing the
compensation under the head loss of future
income."
5. The doctor who treats the patient or an expert who
examines the patient would be competent to assess the
disability. Though finally the Courts will look into the aspect of
genuineness and correctness of the assessment made by such
medical officer, yet the Courts cannot independently assess the
disability either in respect of a particular limb or in respect of
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whole body. In the case on hand, except the contents of
Ex.P13 - Disability Certificate, whose genuineness is also not
established by examining the Author of the said certificate, no
other material was on record before the Tribunal. Therefore, as
rightly pointed out by Sri.F.S.Dabali, the Tribunal assessing the
functional disability as 10% and proceeding with awarding of
compensation under the head loss of future income is
undesirable. Therefore, this Court is of the view that as
respondent No.1/claimant failed to establish the aspect of
disability, the Tribunal is not justified in awarding a sum of
Rs.72,000/- towards loss of future income. Therefore, the
appeal is disposed of with the following
ORDER
i) The appeal is allowed in part.
ii) The compensation that is granted by the Motor
Accidents Claims Tribunal - IX, Dakshina Kannada, Bantwal,
through orders in MVC No.162/2019 dated 17.09.2022 is
reduced by Rs.72,000/-.
iii) The award of the Tribunal on all other aspects holds
good.
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iv) Amount if any in deposit be transmitted to the
concerned Tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
AP
CT:TSM
