Karnataka High Court
Sri Channappa vs The Managing Director on 16 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:41950
MFA No. 8877 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.8877 OF 2013(MV-I)
BETWEEN:
SRI. CHANNAPPA,
S/O SRI. CHANNIGAIAH,
AGE:44 YEARS, OCC:NIL,
R/O NO. GUDEMARANAHALLI,
MAGADI TALUK,
RAMANAGAR DISTRICT
...APPELLANT
(BY SRI. SURESH M LATUR, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
K.S.R.T.C.,
SHANTHINAGAR,
Digitally signed by
PAVITHRA B
K.H. ROAD,
Location: HIGH
COURT OF
BANGALORE-560 027
KARNATAKA
...RESPONDENT
(BY SRI. M. ASHOK KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.04.2013 PASSED IN MVC
NO.6499/2011 ON THE FILE OF MEMBER, PRL. MACT,
BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
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NC: 2024:KHC:41950
MFA No. 8877 of 2013
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The present appeal is filed by the appellant/claimant
challenging the judgment and award dated 06.04.2013 in
MVC.No.6649/2011 passed by the Member, Principal
MACT, Bangalore, for seeking enhancement of
compensation.
2. The factum of accident, injuries sustained by
the claimant and coverage of insurance is not in dispute.
3. From the medical evidence on record, it is
proved that the claimant sustained the following injuries:
(i) Compression Fracture of L1, L2, L4 and L5.
(ii) Injury to right leg and other grievous injuries all
over the body.
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4. The Tribunal has awarded the compensation
under various heads as follows:
Sl. Particulars Amount in Rs.
No.
1. Pain and Sufferings 40,000/-
2. Medical expenses 1,000/-
3. Attendant charges 9,000/-
4. Conveyance charges 3,000/-
5. Loss of income during period 13,500/-
of treatment
6. Loss of future income 1,89,000/-
Total 2,55,500/-
5. The Doctor has opined that the claimant has
suffered permanent disability to an extent of 30% to the
back portion, 9% to the right knee, 12% loss of stability
component and 43% to the permanent physical disability
to the whole body.
6. The claimant is a beetle leaf vendor by
profession. PW2 is an Orthopedic Surgeon, Victoria
Hospital, Bangalore. The tribunal has considered the
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disability to the extent of 20% as against 33% opined by
the Orthopedic Surgeon, without any reasons. Therefore,
the claimant is entitled for compensation taking into
account the disability as 43%. The accident has occurred
in the year 2011. Therefore, notional income would be
Rs.6,500/- per month. Since, the claimant has suffered
significant physical disability, therefore, considering the
claimant was 42 years at the time of accident, hence, 25%
of the income is added towards "loss of future prospects
in life" as per the judgment of the Hon'ble Supreme Court
in the case of (SIDRAM VS. DIVISIONAL MANAGER,
UNITED INSURANCE COMPANY LIMITED AND
ANOTHER', (2023) 3 SCC 439 and NEW INDIA
ASSURANCE COMPANY VS. ABDUL S/O MEHABOOB
TAHASILDAR' M.F.A.NO.103807/2016 C/W
M.F.A.NOS.103835/2016 & 103807/2018
DATED27.05.2022, the appropriate multiplier is '14'.
Therefore, 'loss of earning capacity due to disability' is
hereby assessed and quantified as follows:
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(6500+25%) 8125 x 43 / 100 x 14 x 12 =
Rs.5,86,950.
7. It is submitted that the claimant is a beetle leaf
vendor by profession and he was aged 44 years.
Therefore, the compensation amount awarded under the
head injury, pain and suffering is on the lesser side and
the same is enhanced to Rs.50,000/-.
8. The compensation amount awarded by the
Tribunal under the head medical expenses is as per the
actual bills produced, which needs no interference. Hence,
it is kept in tact.
9. The Tribunal has awarded compensation of
Rs.13,500/- under the head loss of income during laid up
period considering the income of the claimant at
Rs.6,500/- per month for a period of three months.
Accordingly, compensation of Rs.19,500/- (Rs.6,500/-
p.m., x 3 months) is awarded under the head 'loss of
income during laid up period'.
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10. Further the compensation of Rs.12,000/-
awarded by the Tribunal under the head incidental
expenses such as food, nourishment, attendant charges,
conveyance etc. needs no interference. Hence, it is kept in
tact.
11. Thus, in all, the appellant/claimant is entitled to
total compensation as follows:
Sl.
Particulars Amount in Rs.
No.
1. Pain and Sufferings 50,000/-
2. Medical expenses 1,000/-
3. Attendant charges 9,000/-
4. Conveyance charges 3,000/-
5. Loss of income during period 19,500/-
of treatment
6. Loss of future income 5,86,950/-
Total 6,69,450/-
12. The Tribunal has awarded compensation of
Rs.2,55,500/-, but the appellant/claimant is entitled to
total compensation of Rs.6,69,450/-. Hence, the
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appellant/claimant is entitled to enhanced compensation of
Rs.4,13,950/- (Rs.6,69,450 - Rs.2,55,500). Therefore,
the appellant/claimant is entitled to enhanced
compensation of Rs.4,13,950/- along with interest at the
rate of 6% per annum from the date of petition till the
date of realization, in addition to what has been awarded
by the Tribunal.
13. Accordingly, I proceed to pass the following:
ORDER
i. Appeal is allowed-in-part.
ii. The impugned judgment and award dated
06.04.2013 in MVC.No.6649/2011 passed by
the Member, Principal MACT, Bangalore, is
modified to the extent that the
appellant/claimant is entitled to enhanced
compensation of Rs.4,13,950/- along with the
rate of interest at 6% per annum from the date
of petition till the date of realization, in addition
to what has been awarded by the Tribunal.
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iii. No order as to costs.
iv. The appellant/claimant is not entitled for
interest for the delay period of 55 Days in filing
the appeal.
v. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal
forthwith.
vi. Draw award accordingly.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SS
