Karnataka High Court
Smt. Lalithamma vs The Managing Director on 21 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:42088
MFA No. 9522 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 9522 OF 2013 (MV-I)
BETWEEN:
SMT. LALITHAMMA,
W/O.LATE SHIVARAMMAN PILLAI,
AGED ABOAUT 77 YEARS,
R/AT KAMMAGONDANAHALLI,
MUNISHAMAPPA EXTN, ABBAGERE ROAD,
BANGALORE NORTH,
BANGALORE - 560 015.
...APPELLANT
(BY SRI. KALYAN R., ADVOCATE)
AND:
THE MANAGING DIRECTOR,
B.M.T.C.,
K.H.ROAD,
SHANTHINAGAR,
Digitally signed by BANGALORE - 27.
PAVITHRA B
Location: HIGH
COURT OF
...RESPONDENT
KARNATAKA
(BY SMT. H.R. RENUKA, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:11.02.2013 PASSED IN MVC
NO. 4166/2012 ON THE FILE OF THE XXII A.C.M.M & XXIV
A.S.C.J, MAC BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ECT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
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NC: 2024:KHC:42088
MFA No. 9522 of 2013
ORAL JUDGMENT
This appeal is filed by the appellant/claimant
challenging the judgment and award dated 11.02.2013,
passed by the Court of the XXIV Additional Small Causes
Judge, Bangalore (ACMM-22), in MVC No.4166/2012,
seeking enhancement of compensation awarded by the
Tribunal.
2. The factum of accident, injuries sustained by the
appellant/claimant and coverage of insurance are not in
dispute.
3. Heard the arguments of both sides and perused
the records.
4. In the present case, the Tribunal has awarded
compensation as under:
1 Pain and sufferings Rs.40,000/-
2 Medical expenses Rs.47,000/-
3 Loss of income during the period of Rs.9,000/-
treatment
4 Future medical expenses Rs.15,000/-
5 Towards disability Rs.25,000/-
6 Loss of amenities Rs.15,000/-
Total Rs.1,51,000/-
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5. In the present case, from the medical evidence on
record, it is proved that the appellant/claimant had
suffered fracture of shaft femur right side and other
injuries all over the body.
6. Considering the nature of injuries sustained by the
appellant/claimant and the amount of compensation
awarded by the Tribunal is on the lesser side. The
compensation awarded under the heads of 'Pain and
Suffering', 'Medical expenses' and 'Future medical
expenses' are found to be correct. Hence, the same are
kept intact.
7. The Tribunal has error in awarding global
compensation of Rs.25,000/- towards 'Loss of future
income due to disability' on the reason that the family
members are not depending on the appellant/claimant. It
is not the question that the children of the
appellant/claimant are depending on the
appellant/claimant. But the appellant/claimant has
suffered permanent disability of right limb is 42% and the
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total disability of whole body is 14% as per the evidence
by the doctor/PW-2. Accordingly, the appellant/claimant is
entitled to compensation under this head. The
appellant/claimant was a Tailor. The accident of the year
2012. Therefore, The notional income of the
appellant/claimant is to be taken at Rs.7,000/- per month
as recognized by the Karnataka State Legal Services
Authorities. The appellant/claimant was aged about 77
years. The appropriate multiplier applicable is '5'.
Therefore, compensation under the head 'loss of future
income due to disability' is hereby awarded as Rs.58,800/-
(Rs.7,000/- x 14% x 5 x 12).
8. Further, the compensation of Rs.15,000/- awarded
by the Tribunal under the head 'Loss of amenities' is on
the lesser side. Hence, the same is enhanced to
Rs.35,000/-.
9. The compensation of Rs.9,000/- awarded by the
Tribunal under the head 'Loss of income during laid up
period' is on the lesser side. Considering the nature of
NC: 2024:KHC:42088
injuries and fracture sustained by the appellant/claimant,
'Loss of income during laid up period' for three months
comes to Rs.21,000/- (Rs.7,000/- X 3 months).
10. Thus, in all, the appellant/claimant is entitled for
total compensation under various heads as follows:
Sl. Particulars Awarded Awarded
No. by the by this
Tribunal Court
1 Pain and sufferings Rs. 40,000/- 40,000/-
2 Medical expenses Rs. 47,000/- 47,000/-
3 Future medical
expenses Rs. 15,000/- 15,000/-
4 Loss of future income
due to disability Rs. 25,000/- 58,800/-
5 Loss of amenities Rs. 15,000/- 35,000/-
6 Loss of income during
laid up period Rs. 9,000/- 21,000/-
TOTAL Rs. 1,51,000/- 2,16,800/-
11. The Tribunal has awarded compensation of
Rs.1,51,000/- but the appellant/claimant is entitled for
total compensation of Rs.2,16,800/-. Hence, the
appellant/claimant is entitled to enhanced compensation of
Rs.65,800/- (Rs.2,16,800/- - Rs.1,51,000/-), along with
interest at the rate of 6% per annum from the date of
NC: 2024:KHC:42088
petition till the date of realization, in addition to what has
been awarded by the Tribunal. Accordingly, I proceed to
pass the following:
ORDER
i. The appeal is allowed-in-part.
ii. The impugned judgment and award dated
11.02.2013, passed by the Court of the
XXIV Additional Small Causes Judge,
Bangalore (ACMM-22), in M.V.C.
No.4166/2012, is hereby modified holding
that the appellant/claimant is entitled for
enhanced compensation of Rs.65,800/-
along with interest @ 6% per annum, from
the date of petition till its realization, in
addition to what has been awarded by the
Tribunal.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR
along with copy of this order to the Tribunal
forthwith.
v. Draw award accordingly.
vi. The other observations and findings of the
Tribunal are kept in tact.
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vii. The appellant/claimant is not entitled to
interest for the delayed period of 164 days
delay in filing the appeal.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
BKN
