Karnataka High Court
The Managing Director, Ksrtc vs Fakkirappa S/O Tirakappa on 13 November, 2024
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MFA No. 24744 of 2012
C/W MFA No. 24745 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.24744 OF 2012 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO.24745 OF 2012
IN MFA.NO.24744/2012:
BETWEEN:
THE MANAGING DIRECTOR, KSRTC,
NORTH - WEST DIVISION, GOKUL ROAD,
HOSUR, HUBBALLI, REPRESENTED AT PRESENT
BY THE CHIEF LAW OFFICER,
CENTRAL OFFICE, SAREGE
SADAN, GULBARGA.
...APPELLANT
(BY SRI PRAKASH N. HOSAMANE, ADVOCATE)
AND:
Digitally signed
RAMAPPA @ RAMANNA
by SAROJA
HANGARAKI S/O. CHANNABASAPPA HAVANUR,
Location: High
Court of
AGE: 50 YEARS,
Karnataka
OCC: AGRICULTURE,
R/O: YT YALLAPUR, T
Q: RANEBENNUR,
DIST: HAVERI.
...RESPONDENT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
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MFA No. 24744 of 2012
C/W MFA No. 24745 of 2012
13.06.2012 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND
ADDITIONAL MACT, RANEBENNUR IN MVC NO.246/2010 AND ETC.,
IN MFA.NO.24745/2012:
BETWEEN:
THE MANAGING DIRECTOR, KSRTC,
NORTH - WEST DIVISION,
GOKUL ROAD,
HOSUR, HUBBALLI,
REPRESENTED AT PRESENT
BY THE CHIEF LAW OFFICER,
CENTRAL OFFICE, SAREGE SADAN,
GULBARGA.
...APPELLANT
(BY SRI PRAKASH N. HOSAMANE, ADVOCATE)
AND:
FAKKIRAPPA S/O. TIRAKAPPA,
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: YT YALLAPUR,
TQ: RANEBENNUR,
HAVERI DISTRICT.
...RESPONDENT
(BY SRI CHANDRASHEKHAR M. HOSAMANE, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT,
1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
13.06.2012 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND
ADDITIONAL MACT, RANEBENNUR IN MVC NO.247/2010 AND ETC.,
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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MFA No. 24744 of 2012
C/W MFA No. 24745 of 2012
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
MFA No.24744/2012 is filed challenging the common
judgment and award dated 13.06.2012 passed in MVC
No.246/2010. MFA No.24745/2012 is filed challenging the
common judgment and award dated 13.06.2012 passed in
MVC No.247/2010.
2. Both these appeals are filed by the Karnataka
State Road Transport Corporation1 under Section 173(1) of
the Motor Vehicles Act, 19882 challenging the common
judgment and award dated 13.06.2012 by the Principal
Senior Civil Judge and MACT, Ranebennur3.
3. For the sake of convenience, the parties herein
are referred as per their rank before the Tribunal.
4. In both the appeals the appellants have
questioned the judgment and award of the Tribunal only
on the ground that the quantum of compensation awarded
Hereinafter referred to as the 'KSRTC'
Hereinafter referred to as the 'Act of 1988'
Hereinafter referred to as the 'Tribunal'
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is excessive. Hence, the finding of the Tribunal on
negligence and other aspects are not under challenge and
only aspect with regard to the quantum of compensation is
considered in these appeals.
5. It is the vehement contention of learned
counsel for the appellants that the doctor who treated the
claimants has not been examined and the assessment of
disability made by the Tribunal for the purpose of
calculating the loss of income due to permanent disability
is on the higher side. Keeping in mind the said contention,
the quantum of compensation awarded by the Tribunal is
considered.
6. Regarding quantum of compensation in
MFA No.24744/2012 (MVC No.246/2010)
i. The claimant is aged 45 years. The Tribunal has
applied appropriate multiplier of 14 which is just and
proper.
ii. The claimant was stated to be doing agriculture and
coolie work. The Tribunal has assessed the income of
the claimant as notional income at ₹100 per day. In
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view of the fact that no documents have been
produced by the claimant to prove his income, the
income is required to be assessed as per the notional
income chart being followed by the Karnataka State
Legal Service Authority4 for settlement of cases in
Lok-adalat and accordingly having regard to the date
of accident, which occurred on 01.08.2009, the
income is re-assessed at ₹5,000/- per month.
iii. The Tribunal has appreciated the injury sustained
and noticed the wound certificate (Ex.P7) and
testimony of the doctor (PW-4), and has observed
that there was a fracture of the T-12 and L-1
vertebra. It was further noticed that the said
fractures have been treated conservatively. The
Tribunal has assessed the disability at 10%.
iv. It is relevant to note that having regard to the wound
certificate (Ex.P7), the injury sustained by the
claimant is undisputed. However, the claimant has
not produced any discharge summary to show that
Hereinafter referred to as the 'KSLSA'
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he was treated as an inpatient. The doctor examined
is admittedly not a treated doctor. However, the
claimant has sustained a fracture of T-12 and L-1
vertebra which is a grievous injury and other simple
injuries. PW.2 has deposed that there are moderate
restrictions while lateral bending and movements of
the spine and having regard to the nature of
avocation of the claimants, it is just and proper that
disability is re-assessed at 5%.
v. The compensation awarded by the Tribunal of
₹10,000/- towards medical expenses, ₹5,000/-
towards attendant charges and food and nutritious is
just and proper.
vi. Laid up period is taken as one month and the
compensation towards the same is re-assessed at
₹5,000/- per month as against ₹3,000/- awarded by
the Tribunal.
vii. The Tribunal has awarded ₹20,000/- towards injury,
pain and agony. Having regard to the nature of
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injuries sustained by the claimant, the same is
required to be re-assessed at ₹30,000/-.
viii. Loss of income due to permanent disability is re-
assessed at ₹42,000/- [₹5,000 x 12 x 14 x 5%] as
against ₹50,400/- awarded by the Tribunal.
7. Accordingly, the total compensation under
various heads is re-assessed as follows:
Sl.No. Heads Amount awarded Amount awarded
by the Tribunal by this Court (₹)
(₹)
1. Injury, Pain and agony 20,000.00 30,000.00
2. Medical expenses 10,000.00 10,000.00
3. Attendant charges, food, 5,000.00 5,000.00
nourishment and
conveyance charges
4. Loss of earning during the 3,000.00 5,000.00
period of treatment
5. Loss of Income due to 50,400.00 42,000.00
permanent disability
Total 88,400.00 92,000.00
8. Having regard to the re-assessment of
compensation, since the compensation re-assessed is
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more than the compensation awarded by the Tribunal, the
appeal is liable to be dismissed.
9. Regarding quantum of compensation in
MFA No.24745/2012 (MVC No.247/2010):
i. The claimant is aged 48 years. The Tribunal has
applied appropriate multiplier of 13, which is just
and proper.
ii. The claimant was stated to be doing agriculture
and coolie work. The Tribunal has assessed the
income of the claimant as notional income at
₹100 per day. In view of the fact that no
documents have been produced by the claimant
to prove his income, the income is required to be
assessed as per the notional income chart for
being followed by the
KSLSA for settlement of case in Lok-adalat.
Having regard to the date of accident, which is
on 01.08.2009, the income is re-assessed at
₹5,000/- per month.
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iii. Having regard to the wound certificate (Ex.P12)
and the testimony of doctor (PW.3), it is
forthcoming that the claimants sustained injury
to the left eye. PW.3 is a treated doctor and not
an ophthalmologist. It is further forthcoming that
the claimant has taken treatment as an
outpatient and his right eye is normal. PW.3 has
considered the wound certificate (Ex.P12) and
the outpatient follow up card while assessing the
disability. Apart from testimony of PW.3 and the
wound certificate (Ex.P12), there is no record to
show to the extent of disability caused to the left
eye.
iv. However, having regard to the undisputed
position that the claimant has sustained injuries
to the left eye and that there is material on
record to demonstrate that the vision to left eye
has been diminished, it is just and proper that
the disability of the claimant is assessed at 10%
as against 30% assessed by the Tribunal.
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v. The compensation awarded by the Tribunal of
₹25,000 towards injury, pain and agony;
₹10,000/- towards medical expenses; ₹5,000/-
towards travelling expenses; food and nutritious
is just and proper.
vi. The Tribunal has not awarded any amount
towards loss of income during laid up period.
Having regard to the injuries sustained by the
claimant, the laid up period is taken as one
month and the compensation towards the same
is assessed at ₹5,000/-.
vii. Loss of income due to permanent disability is re-
assessed at ₹78,000/- [₹5,000 X 12 X 13 X
10%] as against ₹1,40,400/- awarded by the
Tribunal.
10. Accordingly, the total compensation under
various heads is re-assessed as follows:
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Sl.No. Heads Amount awarded Amount awarded
by the Tribunal by this Court (₹)
(₹)
1. Injury, Pain and agony 25,000.00 25,000.00
2. Medical expenses 10,000.00 10,000.00
3. Travelling expenses and 5,000.00 5,000.00
food, nourishment and
conveyance charges
4. Loss of earning during ------ 5,000.00
the period of treatment
5. Loss of Income due to 1,40,400.00 78,000.00
permanent disability
Total 1,80,400.00 1,23,000.00
11. Hence, the appellant/claimant is entitled for a
compensation of ₹1,23,000/- as against ₹1,80,400/-
awarded by the Tribunal together with interest at the rate
of 6% per annum.
12. In view of the aforementioned, the following:
ORDER
i) MFA No.24744/2012 (MVC No.246/2010) is
dismissed;
ii) MFA No.24745/2012 (MVC No.247/2010 is
allowed in part;
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iii) The impugned common judgment and award of
the Tribunal is modified holding that the
compensation awarded by the Tribunal in MFA
No.24745/2012 (MVC No.247/2010) is reduced
to a sum of ₹1,20,000/-. In all other respects,
the judgment and award of the Tribunal
remains unaltered;
iv) The statutory deposit amount deposited in MFA
No.24744/2012 by the appellant/KSRTC be
transmitted to the Tribunal forthwith.
v) The statutory deposit amount deposited in MFA
No.24745/2012 be transmitted to the Tribunal
to enable the Tribunal to discharge the
compensation assessed herein together with
accrued interest in terms of the award of the
Tribunal and the Tribunal shall refund the
balance amount, if any, to the appellant.
vi) Registry to transmit the records to the Tribunal
forthwith.
vii) Draw modified awards accordingly.
Sd/-
(C.M. POONACHA)
JUDGE
