Karnataka High Court
Rukmavva W/O Ningappa Kummi vs The Managing Director on 21 March, 2025
Author: K Natarajan
Bench: K Natarajan
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MFA No. 203620 of 2023
C/W MFA No. 200268 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR JUSTICE K NATARAJAN
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
MISCL. FIRST APPEAL NO. 203620 OF 2023 (MV-I)
C/W
MISCL. FIRST APPEAL NO. 200268 OF 2023
IN M.F.A.NO.203620/2023:
BETWEEN:
THE MANAGER DIRECTOR,
NWKRTC, CENTRAL OFFICE,
GOKUL ROAD, HUBLI.
...APPELLANT
(BY SRI A.M. PATIL, ADVOCATE)
AND:
Digitally signed RUKMAVA W/O NINGAPPA KUMMI,
by RAMESH AGE: 38 YEARS, OCC: TAILORING WORK,
MATHAPATI
Location: HIGH R/O MAMATAGERI, TQ. BADAMI,
COURT OF NOW RESIDING AT JAL NAGAR,
KARNATAKA
VIJAYAPURA, TQ. VIJAYAPURA - 586101.
...RESPONDENT
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
AWARD DATED 20.06.2022 GRANTING COMPENSATION OF RS.
7,53,300/- IN SO FAR AS IT SADDLES THE LIABILITY UPON
THE APPELLANT CORPORATION i.e. NWKRTC, HUBBALLI,
FURTHER THIS HON'BLE COURT BE PLEASED TO HOLD THAT
THE AWARD OF COMPENSATION TO BE EXESSIVE AND LIABLE
TO BE REDUCED.
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MFA No. 203620 of 2023
C/W MFA No. 200268 of 2023
IN M.F.A.NO.200268/2023:
BETWEEN:
RUKMAVVA W/O NINGAPPA KUMMI
AGE: 37 YEARS, OCCU: TAILORING WORK,
R/O MAMATAGERI, TQ. BADAMI,
NOW RESIDING AT JAL NAGAR,
VIJAYAPURA - 586101.
...APPELLANT
(BY SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE)
AND:
THE MANAGING DIRECTOR,
NWKRTC, CENTRAL OFFICE,
GOKUL ROAD, HUBLI - 580009.
...RESPONDENT
(BY SRI A.M. PATIL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE
COMPENSATION TO RS.17,46,700/-, (EXCLUDING THE
AMOUNT AWARDED BY THE TRIBUNAL) ALONG WITH
INTEREST BY MODIFYING THE JUDGMENT AND AWARD OF THE
MEMBER MACT NO.V. AT: VIJAYAPUR DATED: 20.06.2022, IN
MVC NO.765 OF 2020.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN
AND
HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
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MFA No. 203620 of 2023
C/W MFA No. 200268 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K NATARAJAN)
These appeals arising out of the judgment and award
dated 20.06.2022 in MVC No.765/2020 passed by the
Principal Senior Civil Judge & MACT-V, Vijayapura (for
short, 'the Tribunal'). The respondent-Corporation filed
the appeal challenging the liability as well as quantum of
compensation in MFA No.203620/2023 whereas the
petitioner being dissatisfied with the meager compensation
awarded by the Tribunal, filed appeal in MFA
No.200268/2023.
2. Though this matter is listed for orders, with the
consent of learned counsel for both parties, it is taken up
for final disposal.
3. Parties to the appeals are referred to as per
their status before the Tribunal.
4. Brief facts leading rise to filing of these appeals
are as under:
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That, on 12.12.2019, petitioner was traveling in a
KSRTC Bus bearing registration No.KA-25/F-3077 going
towards Gaddankeri Cross from Mamatageri side and she
was sitting on the seat which was on the rear right tyre of
the said Bus. While, so proceeding at about 4.00 p.m.,
when the said bus came near Kerakalamatti Cross, at that
time, the driver of the bus drove with high speed in a rash
and negligent manner and rear right tyre was burst, due
to which the aluminum sheet of the bus torn off and hit to
both the legs of the petitioner by causing injuries to the
legs and other parts of the body. Immediately, after the
accident, the petitioner was shifted to Daddenavar
Hospital, Bagalkot and thereafter shifted to
Dr.G.S.Kulkarni Hospital, Miraj for further treatment.
It is contended that the petitioner has spent
Rs.3,00,000/- towards medical and other expenses. The
petitioner was hale and healthy woman aged 35 years and
was doing tailoring work by earning Rs.20,000/- per
month and because of the injuries sustained in the
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accident, it has become difficult for her to do tailoring
work and also to walk as before the accident. Hence, the
petitioner filed a claim petition under Section 166 of
M.V.Act claiming compensation on account of injuries
sustained by her in the road traffic accident. Accordingly,
prayed to allow the claim petition.
5. The respondent-Corporation filed written
statement denying the age, occupation and income of the
petitioner and also denied the injuries sustained by the
petitioner due to the alleged accident. It is contended that
there is no negligence on the part of the driver of the
offending bus. Hence, the respondent counsel prayed to
dismiss the claim petition.
6. On the basis of the pleadings of the parties,
The Tribunal framed issue Nos.1 to 3, are as under;
(a) Whether the petitioner proves that, she
has sustained injuries due to actionable
rash and negligent act of driver of KSRTC
Bus bearing No.KA-25/F-3077 in the
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Motor Vehicle Accident on the date, time
and the place as being asserted?
(b) Whether the petitioner is entitled for
compensation? If so, what is the
quantum?
(c) What order or award?
7. In order to prove her case, the petitioner
examined herself as PW.1 and examined the doctor as
PW.2 and produced and marked documents at Exs.P1 to
P17. On the other hand, the respondent-Corporation
examined the driver of the bus as RW.1. However, no
documents are marked.
8. On the basis of the material evidence both oral
and documentary, the Tribunal, answered issue No.1 in
the affirmative, issue No.2 partly affirmative and issue
No.3 as per final order. The claim petition was partly
allowed and ordered that the petitioner is entitled for
compensation of Rs.7,53,300/- with interest @ 6% p.a.
and directed the respondent to pay the compensation. The
details of the compensation granted are as under:
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Sl.No. Heads Amount in Rs.
1 Pain & suffering 20,000/-
2. Medical bills incurred and 1,80,500/-
future medical expenses,
attendant, conveyance,
nourishing food and other
incidental charges
3. Loss of income during laid 8,550/-
up period
4. Loss of future income on 5,34,240/-
account of permanent
disability
5. Loss of amenities, Life 10,000/-
comforts and expectancy
of life
Total Rs.7,53,290/-
Rounded off to Rs.7,53,300/-
9. Being aggrieved by the quantum of
compensation the respondent-Corporation has filed appeal
in MFA No.203620/2023 for reducing the compensation
whereas the petitioner has filed appeal in MFA
No.200268/2023 seeking enhancement.
10. Learned counsel for the respondent-
Corporation has contended that the Tribunal has
committed an error in awarding higher compensation
towards loss of earning capacity by taking 21% disability
to the whole body even though the doctor has opined only
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30% left lower limb. Even, if it is considered as 1/3rd it
comes to 10% to the whole body, but the Tribunal has
taken the disability at 21% which is on the higher side.
He further submits that the monthly income assessed by
the Tribunal is exorbitant and excessive. Hence, on these
grounds, he prays to reduce the compensation by allowing
the appeal filed by the respondent-Corporation and prays
to dismiss the appeal filed by the petitioner.
11. Per contra, learned counsel for the petitioner
has contended that the Tribunal has rightly fixed the
liability on the respondent-Corporation but contended that
the quantum of compensation assessed by the Tribunal is
very meager. It is further contended that the petitioner
has suffered fractural injuries on both the legs apart from
sustaining injuries to upper limb and the doctor has
assessed the disability is about 65% to the whole body
and the Tribunal has assessed only 21% which is on the
lower side. He further submits that the petitioner was
admitted to the hospital for 19 days and thereafter took
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further treatment as out patient and hence Rs.20,000/-
under the head pain and suffering so also the loss of
income during laid-up period considered by the Tribunal at
Rs.8,550/- is also very meager even though if one month
salary is considered it comes to Rs.13,250/-, which needs
to be enhanced. He further submits that the petitioner has
to suffer through out her life and she cannot do tailoring
work as earlier as the nails are still in the legs of the
injured and they are yet to be removed in future by
surgery. Therefore, the Tribunal has erred in not
considering under the head future medical expenses.
Accordingly, on these grounds he prays to enhance the
compensation by allowing the appeal by the petitioner and
prays to dismiss the appeal filed by the respondent-
Corporation.
12. We have heard the learned counsel for the
respondent-Corporation and the learned counsel appearing
for the petitioner. Perused the records and considered the
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submissions of the learned counsel for the parties. The
point that arises for our consideration is;
"(a) Whether the quantum of
compensation awarded by the Tribunal requires
any modification, if so to what extent?"
13. As regards the accident dated 12.12.2019 was
occurred when the injured was traveling in the Bus
belongs to the Corporation was not in dispute. Due to the
injuries, the petitioner has sustained injuries is also not in
dispute. The police have also filed a charge sheet against
the driver of the Bus in which the petitioner was traveling.
Such being the case, the question of exorbitant of liability,
rash and negligence and fixing the liability on the
respondent-Corporation cannot be accepted.
14. As regards the assessment of compensation,
the Tribunal has awarded compensation of Rs.20,000/-
under the head pain and suffering. However, the injured
petitioner was admitted in the hospital for 19 days and
injuries to both the legs are grievous in nature, fractured,
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nails were inserted. Such being the case, the award of
Rs.20,000/- by the Tribunal is very meager. Therefore, we
feel it is just and proper to enhance the compensation to
Rs.50,000/- as against Rs.20,000/- awarded by the
Tribunal.
15. With regard to the medial expenses, future
medical expenses, attendant charges, nourishing food and
other incidental charges, the Tribunal has awarded
Rs.1,80,500/-. However, there is no separate
compensation amount was awarded under the head
attendant, conveyance, nourishing food and other
incidental charges. Hence, clubbing all the heads is not
proper. Therefore, we propose to award another
Rs.20,000/- under the head attendant, conveyance,
nourishing food and other incidental charges along with
Rs.1,80,500/- awarded by the Tribunal.
16. As regards the loss of income during laid up
period, the Tribunal has awarded only Rs.8,550/-. Though,
the Tribunal has assessed the notional income of the
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petitioner at Rs.13,250/- by considering the guidelines
issued by the Karnataka Legal Services Authority and
awarding of Rs.8,550/- is very meager. Once the
treatment was taken, it is not enough after discharging
and the petitioner is required to go for further treatment
as out-patient. Such being the case, the petitioner could
have taken bed rest for at least three months. Hence, we
propose to award Rs.39,750/- (Rs.13,250 x 3) under this
head.
17. As regards the loss of amenities, life comforts
and expectancy of life is concerned, the Tribunal has
awarded a sum of Rs.10,000/- under this head. The
petitioner is woman aged 35 years and she was hale and
healthy and the X-ray film reveals two nails were inserted
on the foot i.e., on the ankle. She is said to be Tailor, it is
very difficult to do tailoring work in future and there is also
injury to the upper limb and definitely she could not lift
weight and also do not walk for long time and squat
sitting. Such being the case, she has to suffer through out
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her life. Hence, a sum of Rs.10,000/- awarded by the
Tribunal is very meager. Accordingly, we propose to
enhance Rs.40,000/- as against Rs.10,000/- towards loss
of amenities.
18. As regards the loss of future income, the
Tribunal has assessed the notional income of petitioner at
Rs.13,250/- per month. PW.2 the doctor has opined that
the petitioner has suffered 35% disability to right lower
limb and 30% disability to left lower limb and the total
disability comes to 65%. The Tribunal while considering
the same taking into consideration as 1/3rd of it as 11% to
the whole body and by adding 10% to the same taken
21% disability to the whole body. Hence, we are of the
view that the Tribunal has rightly considered 1/3rd of 65%
as 21% to the whole body. Accordingly, we accept the
reason given by the Tribunal in assessing the loss of future
income due to disability which do not call for any
interference.
(Rs.13,250 x 12 x 16 x 21% + = Rs.5,34,240/-)
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19. As regards the loss of future medical expenses,
the Tribunal has not awarded any amount under this head.
Though, the learned counsel for the petitioner has
produced the X-ray film, discharge card and the medical
records, which clearly reveals that 2 nails on both the legs
were inserted in the ankle part. In future, which requires
to be removed from the legs of the ankle bones. The
petitioner of-course has not seriously claimed any
compensation under this head. However from the perusal
of the records, this Court has come to the conclusion that
the petitioner requires future medical expenses as well.
The medical expenses spent by the petitioner was almost
more than Rs.1,50,000/-. Therefore, for the purpose of
removal of implants in both the legs, she may require two
surgeries for both the legs. Such being the case, we
propose to award at-least Rs.40,000/- under the head
future medical expenses.
20. Accordingly, the compensation is re-assessed
under different heads as under;
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Sl.No Heads By Tribunal By this Court
1. Pain & suffering Rs.20,000/- Rs.50,000/-
2. Medical bills incurred Rs.1,80,500/- Rs.2,00,500/-
and future medical
expenses, attendant,
conveyance, nourishing
food and other incidental
charges
3. Loss of income during Rs.8,550/- Rs.39,750/-
laid up period
4. Loss of future income on Rs.5,34,240/- Rs.5,34,240/-
account of permanent
disability
5. Loss of amenities, Life Rs.10,000/- Rs.40,000/-
comforts and expectancy
of life
6. Loss of future medical ----- Rs.40,000/-
expenses
Total Rs.7,53,290/- Rs.9,04,490/-
Rounded off to Rs.7,53,300/- Rs.9,04,500/-
21. The petitioner is entitled for a total
compensation of Rs.9,04,500/- as against Rs.7,53,300/-
awarded by the Tribunal. Hence, the petitioner is entitled
for enhanced compensation of Rs.1,51,200/- with interest
@ 6% p.a.
22. Hence, this Court feel it proper to enhance the
compensation awarded by the Tribunal and the contention
of the learned counsel for the Corporation with regard to
quantum of compensation awarded by the Tribunal cannot
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said to be exorbitant and excessive. Therefore, the appeal
filed by the Corporation deserves to be dismissed and the
appeal filed by the claimant deserves to allowed in part.
23. Accordingly, we proceed to pass the following:
ORDER
(a) The appeal filed by the Corporation in MFA
No.203620/2023 is dismissed.
(b) The appeal filed by the claimant in MFA
No.200268/2023 is allowed in part.
(c) The impugned judgment and award passed by the
Tribunal is modified.
(d) The petitioner is entitled for a total compensation
of Rs.9,04,500/- as against Rs.7,53,300/-
awarded by the Tribunal.
(e) The petitioner is entitled for enhanced
compensation of Rs.1,51,200/- along with interest
at the rate of 6% per annum from the date of
petition till realization of amount.
(f) The respondent-Corporation is directed to deposit
the entire compensation amount before the
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Tribunal within a period of eight weeks from the
date of receipt of certified copy of this judgment.
(g) The amount in deposit, if any, shall be transmitted
to the concerned Tribunal forthwith.
(h) The rest of the Judgment passed by the tribunal is
maintained.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
MSR
CT: PS
