Karnataka High Court
Sri K. Prahaladachari vs The Managing Director on 22 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:42353
MFA No. 9342 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 9342 OF 2013 (MV)
BETWEEN:
1. SRI K. PRAHALADACHARI,
S/O LATE K HANUMANTHACHARI,
AGED ABOUT 62 YEARS,
OCC: RTD., J D P I,
R/O GEETHA MANDIR,
VINAYAKA NAGAR, BELLARY CONTONMENT,
BELLARY DISTRICT - 583101.
...APPELLANT
(BY SRI SURESH M LATUR, ADVOCATE)
AND:
1. THE MANAGING DIRECTOR,
K S R T C, K H ROAD,
SHANTHINAGAR, BANGALORE - 560027.
2. SRI SHIVANANDA NAIK,
Digitally signed by
PAVITHRA B S/O THIPPANNA NAIK,
Location: HIGH
COURT OF
R/O ASHINAL TANDA, LINGASUR TALUK,
KARNATAKA
RAICHUR DISTRICT - 584101.
...RESPONDENTS
(BY SRI F S DABALI, ADVOCATE FOR R1
V/O/DT: 21.09.2018 NOTICE H/S IN R/O R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.6.2013 PASSED IN MVC
NO.2366/2008 ON THE FILE OF THE 13TH ADDITIONAL SMALL
CAUSES JUDGE, MEMBER, MACT, BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC:42353
MFA No. 9342 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 27.06.2013 in
MVC.No.2366/2008 passed by the XIII Add. SCJ &
Member, M.A.C.T. (SCCH-15), Bangalore, for seeking
enhancement of compensation.
2. The factum of accident and the injury sustained
by the claimant are not in dispute.
3. Heard the arguments from both sides and
perused the records.
4. The Tribunal has awarded compensation under
various heads as follows:
Pain and sufferings 50,000.00
Medical expenses 2,07,000.00
Attendant charge, diet,
Conveyance and other
Charges 10,000.00
Loss of amenities &
Comfort 50,000.00
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Future medical
expenses 25,000.00
TOTAL 3,42,000/-
5. From the medical evidence on record, it is
proved that the claimant has suffered following injuries:-
Fracture Neck of Femur Right.
Fracture Shaft of Femur Right.
Grade III B Open Fracture both bones of Right leg
and other Grievous injuries all over the body.
6. At the time of accident the claimant was
working as a Deputy Director of Public Instructions being
Government Servant. After the accident, the claimant was
continued at the same job and also he was promoted to
the next higher post as the Joint Director of Public
Instructions. Therefore, there is no loss of earning capacity
or loss of future income due to disability and hence, the
Tribunal has not ordered the compensation under the loss
of earning capacity or loss of future income due to
disability.
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7. However, considering the injury sustained by
the claimant that he has suffered extensive Fracture Neck
of Femur Right, Fracture Shaft of Femur Right, Grade III B
Open Fracture both bones of right leg, the Tribunal has
granted compensation towards injuries suffered is on the
lesser side. Further, towards future expenses like
attendant charges, diet, conveyances etc. were considered
on the lesser side. The claimant was in-patient for 21
days in the hospital. Further, towards loss of amenities
and comfort and also future medical expenses are also
found to be on the lesser side. Therefore, the Tribunal has
awarded compensation globally by considering all the
aspects of the above.
8. Therefore, considering the nature of injuries
sustained by the claimant, it is just and proper to award
additional global compensation of Rs.75,000/-.
Accordingly, the appellant/claimant is entitled to additional
global compensation of Rs.75,000/- along with interest
at the rate of 6% per annum from the date of petition till
NC: 2024:KHC:42353
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
27.06.2013 in MVC.No.2366/2008 passed by
the XIII Addl. SCJ & Member, M.A.C.T. (SCCH-
15), Bangalore, is hereby modified to the extent
that the appellant/claimant is entitled to
additional global compensation of Rs.75,000/-
along with interest at the rate of 6% per annum
from the date of petition till realization, in
addition to what has been awarded by the
Tribunal. The appellant is not entitled to
interest for the delayed period of 25 days.
iii. No order as to costs.
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iv. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal forthwith.
v. The entire amount shall be released in favour of
the appellant/claimant.
vi. Draw award accordingly.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
CHS
