Karnataka High Court
Mohammed Saleem vs Divisional Controller K.S.R.T.C on 14 November, 2024
-1-
NC: 2024:KHC:46347
MFA No. 4707 of 2022
C/W MFA No. 4971 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 4707 OF 2022 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 4971 OF 2022 (MV-I)
IN MFA No. 4707/2022
BETWEEN:
MOHAMMED SALEEM,
S/O MOHAMMED SHABBIR,
AGED ABOUT 32 YEARS,
R/O HUNASINAKERE ROAD,
4th CROSS ROAD, HASSAN CITY,
HASSAN - 573 201.
...APPELLANT
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
Digitally signed by AND:
AASEEFA
PARVEEN
DIVISIONAL CONTROLLER,
Location: HIGH
COURT OF K.S.R.T.C, HASSAN DIVISION,
KARNATAKA HASSAN - 573 201.
...RESPONDENT
(BY SRI. F.S. DABALI, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.01.2022 IN MVC
NO.101/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND CJM, MEMBER, ADDITIONAL MACT, HASSAN, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
-2-
NC: 2024:KHC:46347
MFA No. 4707 of 2022
C/W MFA No. 4971 of 2022
IN MFA NO. 4971/2022
BETWEEN:
DIVISIONAL CONTROLLER, K.S.R.T.C,
HASSAN DIVISION, HASSAN - 573 201,
(OWNER OF K.S.R.T.C BUS
BEARING NO.KA-13/F-1649)
REPRESENTED BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. F.S. DABALI, ADVOCATE)
AND:
MOHAMMED SALEEM,
S/O MOHAMMED SHABBIR,
AGED ABOUT 32 YEARS,
R/O HUNASINAKERE ROAD,
4TH CROSS ROAD,
HASSAN CITY, HASSAN - 573 201.
...RESPONDENT
(BY SRI. GIRISH B. BALADARE, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED.27.01.2022 PASSED
IN MVC NO.101/2019 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE AND CJM AND MEMBER, ADDITIONAL MACT,
HASSAN, AWARDING COMPENSATION OF RS.2,04,492/-
WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF
PETITION TILL THE DATE OF DEPOSIT OF THE AWARD
AMOUNT.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2024:KHC:46347
MFA No. 4707 of 2022
C/W MFA No. 4971 of 2022
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
These two appeals are the out come of the order that
is rendered by the Motor Accidents Claims Tribunal,
Hassan in M.V.C. No.101/2019 dated 27.01.2022.
2. The claimant filed MFA No.4707/2022 seeking
enhancement of compensation Karnataka State Road
Transport Corporation filed MFA No.4971/2022 disputing
its liability to pay the sum awarded as compensation.
3. Parties to the proceedings will hereinafter be
referred to as 'Claimant' and 'KSRTC' for the purpose of
convenience of discussion.
4. Heard Sri.Girish B Baladare who represents the
claimant as well as Sri.F.S.Dabali who represents KSRTC.
5. Learned counsel Sri.F.S.Dabali submits that the
claimant failed to establish the nature of injuries
sustained, the aspect of disability and the medical
expenditure incurred. Learned counsel states that Ex.P-8-
Medical Bills were fabricated and created for the purpose
NC: 2024:KHC:46347
of this case. Learned counsel submits that though the
nature of injuries sustained was not established by the
claimant and equally the aspect of disability and the
medical expenditure incurred, the tribunal awarded huge
sum as compensation and therefore this appeal is filed.
6. Opposing the submission thus made, Sri.Girish B
Baladare learned counsel for the claimant submits that by
producing Ex.P-7-Discharge Summary, Ex.P-13 MLC
Extract, Ex.P-10-Case Sheet and the evidence of PW-2,
the claimant succeeded in establishing all the aspects of
the case. Learned counsel submits that the tribunal did not
award any sum as compensation under the head loss of
earnings during laid up period and further the
compensation awarded under all other heads is also
grossly low.
7. A perusal of record reveals that the tribunal
awarded a sum of Rs.2,04,492/- as compensation, divided
under following heads:-
Heads Amount in Rs.
Towards pain and agony 20,000-00
NC: 2024:KHC:46347
Loss of amenities 10,000-00
Loss of future income 1,39,392-00
Nourishment & Attendant 600-00
Charges
Medical Bills 34,500-00
Total 2,04,492-00
8. Sufficient material is produced by the claimant to
show that he sustained fracture of L2 vertebra which is
grievous in nature. Also it is brought on record that the
claimant took treatment as inpatient for a period of 4
days. This court does not find any infirmity in the order
rendered by the tribunal either in assessing the
percentage of disability or in awarding the medical
expenditure to a tune of Rs.34,500/-. This Court does not
find any grounds to doubt the genuineness of Ex.P-8-
Medical Bills.
9. As rightly contended by Sri.Girish B Baladare,
learned counsel for the claimant, the tribunal did not
award any justifiable sum as compensation for
nourishment and attendant charges. The tribunal awarded
a sum of Rs.600/- under the said head. Also the tribunal
did not award any sum as compensation towards
NC: 2024:KHC:46347
conveyance charges. Equally, the tribunal did not award
any compensation towards loss of income during laid up
period.
10. Having considered these facts, this Court is of
the view that globally, a sum of Rs.65,000/- is required to
be awarded in addition to the sum that is awarded by the
tribunal as compensation, so that the compensation which
the claimant will get would be justifiable.
Thus, both the appeals are disposed of with the
following:-
ORDER
i. MFA No.4707/2022 is allowed in part.
ii. The compensation that is granted by the Motor
Accidents Claims Tribunal, Hassan through orders in
M.V.V.No.101/2019 dated 27.01.2022 is enhanced
by Rs.65,000/-(Rupees Sixty Five Thousand only)
NC: 2024:KHC:46347
iii. The enhanced sum shall carry interest at the rate of
6% per annum from the date of petition till the date
of deposit.
iv. KSRTC is directed to deposit the enhanced sum
within a period 8 weeks from the date of receipt of
copy of this order.
v. On such deposit, the claimant is permitted to
withdraw the entire amount.
vi. MFA No.4971/2022 stands dismissed.
vii. Amount, if any in deposit, be transmitted to the
concerned tribunal immediately.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
CT: BHK
