Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 1466 OF 2020 (MV-I) BETWEEN: P.B. BOREGOWDA S/O LATE BOREGOWDA AGED ABOUT 62 YEARS R/O PARASANAHALLI VILLAGE MALALI POST, HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 210 …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE)
AND: THE DIVISIONAL CONTROLLER KSRTC, HASSAN DIVISION B.M.ROAD Digitally signed HASSAN DISTRICT-573 201 by ANJALI M …RESPONDENT Location: High Court of (BY SRI. F.S. DABALI, ADVOCATE) Karnataka THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.07.06.2019 PASSED IN MVC
NO.860/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, HOLENARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2- CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
Appellant-claimant being aggrieved and dissatisfied with the judgment and award dated 07.06.2019 passed in MVC No.860/2017 by the Sr.Civil Judge and MACT, Holenarasipura has preferred this appeal seeking enhancement of compensation.
2. The case of the appellant before the Tribunal is:
That, on 13.04.2016, the claimant was working as conductor in a KSRTC bus bearing No.KA-13 F-2078. On the same day, between 1.30 a.m. to 2.00 a.m. near Chikkonahalli Village, NH-75, B.M.Road, Hirisave, the driver of the said bus driven the bus in a rash and negligent manner, dashed to the lorry bearing Regn.No.KA-01-AE 1882. Due to the impact, the appellant-petitioner sustained grievous injuries to his left knee, behind the head, chest and other parts of the body. Immediately he was shifted to Hirisave Government -3- hospital and taken first aid treatment. Thereafter, the petitioner was shifted to Janapriya Hospital at Hassan. As per the advise of the doctor and he took treatment in the said hospital as in-patient from 13.4.2016 to 19.4.2016 and undergone surgery to his left knee. It is stated by the petitioner that, he has spent more than Rs.75,000/- towards medical expenses. He is unable to work as he was working prior to the accident and even now he is taking treatment as outpatient. Thus, the petitioner filed claim petition before the Tribunal claiming compensation of Rs.8,00,000/-.
3. Before the Tribunal, respondent appeared and
filed written statement denying the claim of the appellant. The respondent further contended that, the KSRTC authority has given medical expenses to the petitioner- appellant during his treatment. The Tribunal, on the basis of pleadings, framed the relevant issues. To substantiate his case, petitioner got examined himself as PW.1 and he also examined doctor as PW.2 and got marked 26 -4- documents i.e. EX.P1 to Ex.P26 and Ex.C.1 to 6. the driver of KSRTC bus was examined as RW.1 and no documents were marked on their behalf.
4. By the judgment and award, the Tribunal,
considering all the components has awarded a compensation of Rs.1,62,518/- together with interest at 9% p.a. from the date of petition till its deposit. Now being aggrieved by the said compensation so awarded by the Tribunal, the appellant-claimant is before this Court on the ground that whatever the compensation awarded by the Tribunal is on the lower side. He submits that the petitioner was a Conductor and his age at the time of accident was 59 years. Because of injuries sustained by him in the accident, he suffered a lot. As per the records so produced by him, he has sustained one fracture i.e. fracture of patella left with tendon and nerve injury, mild head injury and chest tenderness. Considering the evidence placed on record placed by the petitioner, the Tribunal has awarded the compensation as under: -5- Sl. Heads Amount in No Rs.
1. Pain, shock & agony 30,000-00
2. Medical Expenses 7,398-00
3. Future Medical Expenses 10,000-00
4. Food, diet, nourishment, 20,000-00 conveyance and other incidental expenses
5. Loss of income during 16,000-00 treatment period
6. Loss of income due to 69,120-00 permanent disability
7. Disappointment and 10,000-00 discomfort and loss of amenities TOTAL 1,62,518-
5. It is submitted by the counsel for the petitioner
that, immediately after his retirement, the said accident has taken place, he is getting monthly pension but, there is no proof of income produced by the petitioner as he was earning as stated in the petition. Therefore, in the absence of same, notional income has to be taken into consideration. As the accident is of the year 2016, as per
guidelines issued by KSLSA, the notional income that is to
be taken is at Rs.9,500/-. -6-
6. While assessing the loss of future income due to
disability, this income is to be taken into consideration. Rightly, the Tribunal has considered the disability at 24% to the particular limb and 1/3rd of it i.e. 8% to the whole body. Considering the same, the Tribunal has awarded the compensation. The appropriate multiplier that is applicable as per the age of the petitioner is `9'. Thus, loss of income due to disability would be Rs.82,080/- (9500 x 12 x 9 x 8/100). Thus, there would be increase in the compensation due to suffering of permanent disability by the petitioner.
7. The Tribunal has awarded Rs.30,000/- towards
pain, shock and agony. In view of nature of injury sustained by the petitioner-appellant, same is just and proper require no interference. So also towards medical expenses, the Tribunal has awarded Rs.7,398/-. It is just and proper as it is based on actual bills. Even towards food and nourishment, Rs.20,000/- is awarded. Same is just and proper. It requires no interference. -7-
8. The injury sustained by the appellant-petitioner
must have idled him atleast for a period of three months. Thus the appellant is entitled for Rs.28,500/- (Rs.9,500 x 3). The compensation towards loss of amenities does not require interference.
9. Thus, the petitioner-appellant is entitled for compensation as under:
Sl. Heads Amount in
No Rs.
1. Pain, shock & agony 30,000-00
2. Medical Expenses 7,398-00
3. Future Medical Expenses 10,000-00
4. Food, diet, nourishment, 20,000-00
conveyance and otherincidental expenses
5. Loss of income during 28,500-00 treatment period
6. Loss of income due to 82,080-00 permanent disability
7. Disappointment and 10,000-00 discomfort and loss of amenities TOTAL 1,87,978-00 Awarded by Tribunal 1,62,518-00 Enhanced Compensation 25,460-00 -8-
10. The claimant-appellant is held entitled for a
total compensation of Rs.1,87,978/- as against Rs.1,62,518/- awarded by the Tribunal, thereby there would be enhancement of compensation of Rs.25,460/- together with interest at the rate of 6% per annum from the date of petition till its realization on the enhanced compensation. The respondent is held liable to pay the compensation together with interest.
11. Resultantly, I pass the following:
ORDER
(i) Appeal is allowed-in-part.
(ii) The impugned judgment and award passed in MVC No.1533/2018 dated 06.09.2019 passed by the Senior Civil Judge and JMFC and MACT, H.D.Kote, is hereby modified to the above extent.
(iii) Claimant-appellant is held entitled for a total compensation of Rs.1,87,978/- as against Rs.1,62,518/- awarded by the Tribunal, thereby there would be enhancement of compensation of -9- Rs.25,460/- together with interest at the rate of 6% per annum from the date of petition till its realization on the enhanced compensation.
(iv) Respondent shall deposit the
compensation amount within six weeks from the date of judgment, together with interest @6% p.a on the enhanced compensation before the tribunal by deducting the compensation already deposited, if any.
(v) Since the compensation amount is meager, same may be released in favour of claimant-appellant digitally on proper identification.
(vi) There shall be modified award accordingly. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SK List No.: 1 Sl No.: 18