IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO M.F.A.No.2659/2019(MV) BETWEEN:
THE MANAGING DIRECTOR BMTC, K.H.ROAD BENGALURU – 560 027.
REPRESENTED BY IT’S CHIEF LAW OFFICER. ..APPELLANT (BY SRI F S DABALI, ADVOCATE) AND:
KUM.GEETHANJALI G D/O GOPAL N AGED ABOUT 26 YEARS R/A No.83, NILLAKANTESHWARA LAYOUT NEAR ANJENEYA TEMPLE MANGAMMANAPALYA (BOMMANAHALLI) BENGALURU – 560 068. ..RESPONDENT (BY SRI D S SRIDHAR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.11.2018 PASSED IN MVC No.3198/2016 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-13), AWARDING COMPENSATION OF Rs.4,52,073/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT IN THE TRIBUNAL.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appeal is directed against the Judgment and award dated 29.11.2018 passed in MVC No.3198/2016 by II Additional Judge and XXVIII ACMM, Court of Small Causes, MACT, Bengaluru (SCCH-13), wherein the claimant –respondent in this appeal was granted an amount of Rs.4,52,073/- as compensation together with interest at the rate of 6% p.a. from the date of petition till deposit.
2. In order to avoid confusion and overlapping, parties are referred to as per their rankings before the Tribunal.
3. The incident that gave raise to the proceedings before the Tribunal is that on 25.02.2016 at about 9.45 a.m. petitioner was traveling as a pillion rider along with her friend in TVS Excel bearing registration No.KA-01-HC-6902 on HSR ring road, when they reached a place near Swathi Hotel, 5th main junction driver of BMTC Volvo bus bearing registration No.KA- 01-FA-1743 drove the same in a rash and negligent manner and dashed against the vehicle on which the petitioner was traveling and due to which petitioner sustained grievous injuries and stated to have attended with medical treatment in Green View Hospital and Sparsha hospital.
4. The injuries stated to have sustained by the petitioner are:
Crush injury to left little toe and she complains of pain in the left foot and ankle, stiffness in the left ankle, unable to walk normally and sit cross leg and squat.
5. The Doctor-PW-3 who examined the petitioner has certified the disability to left lower limb at 26% and 9.6% for whole body. The monthly income of the petitioner is considered at Rs.16,379/- being earned as a sales co-ordinator and tailor. In order to arrive at loss of future earning the learned Member has applied the following equation:
16,379x12x18x9.6% = Rs.3,39,634/-
6. The break up of compensation granted by the learned Member is as under:
charges and nutrition food 4. Loss of amenities and unhappiness Rs. 25,000/-
5. Medical expenses Rs. 7,439/- Total Rs.4,52,073/-
7. Learned counsel for appellant submits that the accident took place due to negligence on the part of the rider of the scooter and Tribunal erred in fixing negligence on the part of the driver of the bus and that the compensation awarded is on the higher side.
8. I find the learned Member has reasonably and in a fair manner considered the aspect of injuries, disability, negligence and compensation under various heads. I do not find the impugned Judgment and award calls for further consideration to modify the award amount. I find no necessity of further proceedings in the case. This appeal is liable to be rejected.
Accordingly appeal is rejected.
Amount in deposit to be transmitted to the Tribunal forthwith.
Sd/- JUDGE SBN