Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA MISCELLANEOUS FIRST APPEAL NO.3933/2016 (MV-I) BETWEEN: GURUMURTHY S/O LATE KEMPAIAH AGED ABOUT 50 YEARS R/AT. MARUTHINAGAR, HOBLI NEAR S C S CHOULTRY GUBBI TOWN. NOW RESIDING AT C.B. LAYOUT Digitally signed by 6TH CROSS, UPPARAHALLI PRAJWAL A TUMKUR TOWN-572 101. Location: HIGH COURT OF KARNATAKA …APPELLANT (BY SRI. SHANTHARAJ K, ADV.,) AND: THE DIVISIONAL MANAGER K.S.R.T.C. TUMKUR DIVISION K.S.R.T.C. BUS STAND ASHOKA ROAD, TUMKUR CITY. …RESPONDENT (BY SRI. B. PALAKSHAIAH, ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:19.11.2015 PASSED IN MVC
NO.860/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, & IV MACT, TUMKUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. -2- THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
In this appeal, the petitioner is seeking enhancement of compensation challenging the judgment and award dated 19.11.2014 in M.V.C.No.860/2015 passed by the II Addl. District Judge and MACT, Bengaluru ('the Tribunal' for short).
2. For the sake of convenience, the parties shall be referred to as per their status before the Tribunal.
3. Undisputedly, there was an accident on
24.03.2015 at 5.00 p.m. in front of Shashi Saw Mill, Gubbi town involving motor bike bearing No.KA-06 EF-7434 driven by the petitioner hit by the KSRTC bus bearing No.KA-06 F-0880 injuring the petitioner. The petitioner was under treatment for 5 days and thereafter, he has approached the Tribunal for grant of compensation. Claim was opposed by the KSRTC. After taking the evidence and -3-
hearing both parties, the Tribunal by impugned judgment
awarded compensation of Rs.25,000/- with 8% interest p.a. Pleading inadequacy and seeking enhancement, the petitioner is before this Court.
4. Heard the arguments of Sri.K.Shantharaj, learned counsel for the petitioner and Sri.B.Palakshaiah, learned counsel for the KSRTC.
5. It is contended by the learned counsel for the
petitioner that the petitioner has suffered five injuries, a contusion of right forehead, subconjucliral haemarage on right eye, abrasion over right cheek, contusion over right upper lip and abrasion right knee region and particularly soft tissue injury and was hospitalized for 5 days at Sri.Devi Hospital, Tumakuru. The petitioner produced the
medical bills for Rs.19,977/- whereas the Tribunal awarded only Rs.10,000/- towards medical expenses. It is further contended that the compensation awarded towards pain and suffering and loss of income during laid up period is on the lower side and sought for enhancement. -4-
6. Per contra, learned counsel for the KSRTC has
contended that the compensation awarded is proportionate to the nature of injuries. The Tribunal did not consider the contributory negligence on the part of the petitioner. Therefore, it is not a case for enhancement of compensation. It is also averred that interest awarded by the Tribunal at 8% p.a. is on the higher side and to be reduced to 6% p.a.
7. I have given my anxious consideration to the arguments addressed on behalf of both sides and also perused the materials on record.
8. Material on record confirms that, the petitioner was under hospitalization at Sri.Devi Hospital, Tumakuru
for a period of 5 days. Medical records point out soft tissue injury suffered by the petitioner over his right forehead, right eye, right cheek, right upper lip and right knee, treatment may cost Rs.19,977/-. The petitioner is entitled to Rs.15,000/- towards pain and suffering, -5- Rs.19,977/- towards medical expenses, Rs.5,000/- towards incidental expenses and Rs.1,500/- towards loss
of income during laid up period, thereby total compensation would be 41,477/- and enhanced compensation would be Rs.16,477/- rounded off to Rs.16,500/-. It is just compensation to which the
petitioner is entitled under the facts and circumstances of the case.
9. Sofar as interest is concerned, the Tribunal awarded 8% interest exercising its discretion. It is not proper to interfere. Sofar as enhanced compensation, the petitioner is entitled to interest at 6% p.a. Hence, the appeal merits consideration, in the result, the following:
ORDER
i) Appeal is allowed-in-part; ii) Impugned judgment and award is modified; iii) Petitioner is entitled to enhanced compensation of Rs.16,500/- with interest @ -6- 6% p.a. from the date of petition till the date of deposit. iv) The KSRTC shall satisfy the award within eight weeks from the date of receipt of certified copy of the judgment. SD/- (T.G. SHIVASHANKARE GOWDA) JUDGE RV List No.: 1 Sl No.: 31