Karnataka High Court
Ramesh And Anr vs The Divisional Coantroller on 5 September, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:6698
MFA No. 201766 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.201766 OF 2017 (MV-D)
BETWEEN:
1. RAMESH S/O VITHAL AHIRASANG,
AGE: 43 YEARS, OCC: COOLIE
2. INDRABAI D/O VITHAL AHIRASANG,
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
BOTH ARE RESIDENTS OF ASHOK CHOWK,
SOLAPUR, NOW R/O. BHAVASAR NAGAR,
VIJAYAPUR-586101.
...APPELLANTS
(BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)
Digitally signed AND:
by SUMITRA
SHERIGAR THE DIVISIONAL COANTROLLER
Location: HIGH KSRTC, VIJAYAPUR DIVISION,
COURT OF
KARNATAKA VIJAYAPUR-586101.
...RESPONDENT
(BY SRI SUDHIR SINGH R. VIJAYPUR, ADVOCATE)
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO
CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND
AWARD PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL NO.V
VIJAYAPUR AT VIJAYAPUR IN MVC NO.1422/2014 DATED-
18.03.2017 AND BE PLEASED TO ALLOW THE CLAIM PETITION
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NC: 2024:KHC-K:6698
MFA No. 201766 of 2017
BY GRANTING THE RELIEF AS PRAYED FAR BY THE
APPELLANTS HEREIN AND ETC
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
1. The claimants have preferred this claim petition
challenging the award of the Tribunal by which only a sum
of Rs.25,000/- was granted for the injuries suffered by
Tungabai, who was the victim of a motor vehicle accident.
2. The first claimant is the disabled son of the
deceased, while the second claimant is the daughter.
3. Tungabai, while walking on the road on 02.08.2013
was hit by the KSRTC bus, as a result of which she
suffered grievous injuries and had to undergo an
amputation of her right leg up to her knee.
4. Tungabai, though, suffered an accident on
02.08.2013, ultimately passed away on 23.07.2014 and
the Tribunal has found that there was no nexus between
NC: 2024:KHC-K:6698
the injuries suffered by the Tungabai and her death which
occurred on the 23.07.2014 and it has therefore
proceeded to award only a sum of Rs.25,000/-.
5. The earlier position of law prior to the amendment in
the year 2019 was that an injured can only seek for
compensation and his legal heirs cannot pursue the claim
for compensation. However, by Act No.32/2019 Sub-
section 5 was inserted to Section 166 which declared that
notwithstanding anything contained in the act or any other
law, the right of a person to claim compensation for injury
in an accident would, upon his death, survive to his legal
representatives irrespective of whether the death was
relatable to the injury or nothing. This amendment also
will have to be applied to pending proceedings.
6. It is thereby clear that even if Tungabai did not claim
compensation for the injuries suffered by her, the legal
heirs of hers could nevertheless seek for compensation. As
already noticed above, the fact that Tungabai suffered an
accident and had a crush injury which ultimately resulted
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in the amputation of her right leg up to her knee is not in
dispute.
7. The investigation report produced by KSRTC of its
Officer is produced at Annexure - R1, which also indicates
that the first claimant was disabled and was without any
avocation. It is therefore clear that in such a case, the first
claimant would obviously be completely dependent on his
mother and compensation would have to therefore be
adequately awarded.
8. Tungabai was aged about 64 years as on the date of
the accident, and the investigation report indicates that
she was working as a house maid in different houses, and
therefore, there would be no evidence of actual income. In
my view, therefore the notional income of Rs.7,000/- will
have to be adopted.
9. Asfaras disability is concerned, since the case sheet
of the Government Hospital at Bijapur clearly indicates
that she suffered a crush injury which ultimately led to the
NC: 2024:KHC-K:6698
amputation of her right leg below the knee, it will have to
be held that she suffered a permanent disability of 60%.
10. Since the disability is being assessed at 60%, future
prospects of 40% will be added to the monthly income of
Rs.7,000/- which will amount to Rs.9,800/- and a
multiplier '7' will have to be applied since the claimant was
aged 60 years.
11. Consequently, the claimants will be entitled to sum of
Rs.4,93,920/- (Rs.9,800x12x7x60%) towards 'loss of
dependency'.
12. The case sheet produced indicates that Tungabai was
hospitalized from 02.08.2013 to 13.09.2013, though she
was admitted to a government hospital, nevertheless,
there would have been some amount of money spent on
her medical expenses, it would therefore be appropriate to
award a sum of Rs.25,000/- towards 'medical expenses'
NC: 2024:KHC-K:6698
13. The claimant the Tungabai would also have been
entitled to a sum of Rs.50,000/- towards 'pain and
suffering' and Rs.1,00,000/- towards 'loss of amenities'.
14. Tengubai would also have lost income for at least five
months and she would therefore be entitled to sum
Rs.35,000/- towards 'loss of income during laid up
period'.
15. Consequently, it is held that claimants, by virtue of
being the LR's of thing about, would be entitled to the
following sums as compensation:
Sl. Amount
Heads of Compensation
No. (in Rs.)
1. Loss of Dependency 4,93,920
2. Towards medical expenses 25,000
3. Towards pain and suffering 50,000
4. Towards loss of amenities 1,00,000
Loss of income during laid up
5. 35,000
period
Total 7,03,920
NC: 2024:KHC-K:6698
16. Thus, the claimants would be entitled for
compensation of Rs.7,03,920/- along with interest at the
rate of six per cent per annum from the date of petition till
its realization.
17. The respondent - KSRTC is directed to deposit the
amount of compensation awarded along with interest
within a period of eight weeks from the date of receipt of a
certified copy of this judgment.
18. The entire deposited amount shall be invested in a
Fixed Deposit and her son will be entitled to withdraw the
interest which accrues on it quarterly.
The appeal is accordingly allowed in part.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
DHA
CT: VD
