Karnataka High Court
The Divisional Manager Ksrtc vs Sri. Raghavendra K B on 16 October, 2024
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NC: 2024:KHC:41703
MFA No. 2053 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.2053 OF 2022(MV-I)
BETWEEN:
THE DIVISIONAL MANAGER,
KSRTC,
KSRTC BUS STAND PREMISES
CHAMARAJANAGARA TOWN
CHAMARAJANAGARA-571313
(OWNER OF THE VEHICLE
BEARING NO.KA-09/F-3518)
REP BY HEREIN BY ITS
CHIEF LAW OFFICER, BANGALORE
...APPELLANT
(BY SMT. SUMANGALA A. SWAMY, ADVOCATE)
AND:
SRI. RAGHAVENDRA K.B.,
Digitally signed by S/O BASAVANNA K.
AASEEFA PARVEEN AGED ABOUT 41 YEARS,
Location: HIGH R/O KULAGANA VILLAGE,
COURT OF CHAMARAJANAGARA TALUK,
KARNATAKA
CHAMARAJANAGARA DISTRICT.
...RESPONDENT
(RESPONDENT SERVED BUT UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 13.09.2021 PASSED IN
MVC NO. 461/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND C.J.M., MACT, CHAMARAJANAGAR, AWARDING
COMPENSATION OF RS. 11,00,657/- WITH INTEREST AT
6 PERCENT P.A. FROM THE DATE OF CLAIM PETITION TILL ITS
REALIZATION.
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NC: 2024:KHC:41703
MFA No. 2053 of 2022
THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Smt.Sumangala.A.Swamy, learned counsel for
the appellant.
2. On the ground that the amount awarded as
compensation is excessive and exorbitant, the Karnataka
State Road Transport Corporation has preferred the
present appeal. The appellant challenges the order that is
rendered by the Motor Accidents Claims Tribunal,
Chamarajanagar in MVC No.461/2017. Though notice was
served upon respondent/claimant, there is no appearance
either in person or through the counsel.
3. Arguing the matter, Smt.Sumangala.A.Swamy
submits that the Tribunal though awarded compensation
reasonably under the heads pain and suffering, food,
conveyance, nourishment and attendant charges and loss
of amenities in life, yet awarded exorbitant amount under
NC: 2024:KHC:41703
the head medical expenses and future medical expenses
and therefore, an appeal is filed.
4. Learned counsel Smt.Sumangala.A.Swamy
submits that without there being any proof, the Tribunal
awarded a sum of Rs.3,50,000/- towards future medical
expenses. Learned counsel also contends that the amount
awarded under the head medical expenses i.e.,
Rs.6,15,657/- is exorbitant.
5. The Tribunal through the impugned awarded a
sum of Rs.11,00,657/- as compensation divided under the
following heads:
Sl. Description Amount
No
1 Medical expenses Rs.6,15,657
2 Food, conveyance,
nourishment and attendant Rs.35,000
charges
3 Pain and agony Rs.50,000
4 Loss of amenities in life Rs.50,000
5 Future medical expenses Rs.3,50,000
Total Rs.11,00,657
NC: 2024:KHC:41703
6. It is not in dispute that the respondent/claimant
sustained compound fracture of right femur in a road
traffic accident and took extensive treatment for the said
injury. It is brought on record that the respondent
/claimant took treatment as inpatient at JSS hospital,
Manipal hospital, Panacea hospital and Narayana Multi-
Speciality hospital. By the evidence produced it is clear
that the appellant initially underwent surgery and
thereafter as it was found that there is mall union of
fractured bone and implant was broken, another surgery
was done where there was removal of broken implant and
plate and screw were fixed. The appellant, as per the
material available on record, took treatment as inpatient
at the hospitals mentioned above for a period of 34 days
in total. The Tribunal having considered the treatment
taken and the evidence produced to that effect regarding
the medical expenditure, has awarded a sum of
Rs.6,15,657/- towards medical expenses. The
observations made and the amount awarded is highly
justifiable. However, without there being any sufficient
NC: 2024:KHC:41703
proof that the respondent/claimant requires a sum of
Rs.3,50,000/- towards future medical expenses, awarded
such an amount. The Tribunal at paragraph No.23 of the
impugned order has observed that the doctor did not issue
any estimation and the claimant has not produced any
calculation sheet about the costs that would be incurred
towards future medical expenses. However, making an
observation that one more surgery for removal of implant
is required, awarded a sum of Rs.3,50,000/- under the
head future medical expenses. This Court is of the view
that the amount thus awarded is exorbitant. This Court
considers that a sum of Rs.1,50,000/- can be considered
to be a justifiable sum towards future medical expenses.
Except interfering in that regard, this Court does not find
any other grounds to interfere with. Hence, the amount
awarded as compensation is reduced by Rs.2,00,000/-.
Thus the compensation which the respondent/claimant is
entitled to receive from the appellant is Rs.9,00,657/-.
NC: 2024:KHC:41703
7. Thus the appeal is disposed of with the
following:
ORDER
(i) The appeal is allowed in part.
(ii) The compensation that is awarded by
Motor Accidents Claims Tribunal,
Chamarajanagar through orders in MVC
No.461/2017 dated 13.09.2021 is reduced
from Rs.11,00,657/- to Rs.9,00,657/-.
(iii) The amount if any, in deposit be
transmitted to the concerned Tribunal
forthwith.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
