Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MISCL. FIRST APPEAL NO. 201329 OF 2021 (MV-I) BETWEEN:
1. ARUNA W/O OMAKAR @ OMKARAYYA AGE 33 YEARS, OCCU. LABOUR R/O DONGARGAON, NOW AT SHIV NAGAR NORTH BIDAR, TQ AND DIST BIDAR. …APPELLANT (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE) AND:
1. THE DIVISIONAL CONTROLLER NEKRTC BIDAR DIVISION BIDAR-585 401 …RESPONDENT Digitally signed by AL BHAGYA Location: HIGH (BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE) COURT OF KARNATKA
THIS MFA IS FILED U/S. 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS IN MVC NO.633/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT AT BIDAR, TO MODIFY THE JUDGMENT AND AWARD DATED 01-04-2019 PASSED IN MVC NO.633/2017 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND ADDL. MACT AT BIDAR AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM -2-
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This appeal is by the claimant/injured who is questioning the quantum determined by the Tribunal in MVC.No.633/2013. Appeal is purely on quantum since the respondent/Corporation admits its liability.
2. Appellant who was proceeding in Toofan vehicle
met with an accident on 8.3.2017. Accident occurred on account of rash and negligent driving of the driver of the offending bus. Hence, appellant filed the claim petition alleging that he has suffered fracture of right humerus. Tribunal in absence of income proof notionally assessed the income at Rs.6,000/-. Assessing the disability to the whole body at 11%, Tribunal has awarded Rs.1,34,640/- under the head of future loss of earnings. In all, Tribunal has awarded Rs.2,98,140/- with interest at 9% p.a. from the date of petition till its realization. Hence, the present appeal. -3-
3. Heard the learned counsel for the appellant and the learned counsel appearing for the respondent/Corporation.
4. On reassessing the material on record, this
Court is of the view that the Tribunal erred in notionally assessing the income of the deceased at Rs.6,000/-. Accident is of the year 2017. Therefore, this Court is inclined to place reliance on the income chart prepared by the KSLSA. Accordingly, income is assessed at Rs.10,250/-. By taking disability at 11% and applying the multiplier of 17, compensation payable under the head of future loss of earning is re-determined at Rs.2,30,010/-.
5. Rs.97,500/- awarded towards medical expenses
is retained. Loss of earning during the laid up period for a period of three months is awarded, which works out to Rs.30,750/-. Towards pain and suffering and loss of amenities Rs.30,000/- each is awarded. Having regard to the nature of the injuries, Rs.20,000/- is awarded towards future medical expenses. -4-
6. In summary, the total compensation re- determined by this Court under various heads is as follows: Sl. Heads Amount No.
1. Pain and suffering Rs. 30,000/-
2. Future loss of earnings Rs.2,30,010/-
3. Medical expenses Rs. 97,500/-
4. Laid up period (10,250x3) Rs. 30,750/-
5. Loss of amenities Rs. 30,000/-
6. Future medical expenses Rs. 20,000/-
Total Rs.4,38,260/- The total compensation re-determined by this Court works out to Rs.4,38,260/- as against Rs.2,98,140/- awarded by the Tribunal. The appellant is held entitled to enhanced compensation of Rs.1,40,120/- with interest at the rate of 6% per annum from the date of petition till its realization.
11. For the foregoing reasons, this Court proceeds -5- to pass the following:
ORDER
(i) The appeal is allowed-in-part;
(ii) The judgment and award passed by the Tribunal in MVC.No.633/2017 is modified;
(iii) The appellant is held entitled to enhanced compensation of Rs. 1,40,120/- which shall carry interest at the rate of 6% from the date of petition till realization;
(v) On deposit, entire amount shall be released to the claimant. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1