IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL NO.2831 OF 2015 [MV] BETWEEN KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027, REP. BY ITS MANAGING DIRECOTR. ... APPELLANT [BY SRI. D.VIJAYAKUMAR, ADVOCATE] AND SRI. SAGAR S., S/O. SRINIVAS A.C., AGED ABOUT 23 YEARS, R/AT 20/1, 8TH CROSS, VASANTHNAGAR, BANGALORE-560 052. ... RESPONDENT [BY SRI. H.R.NARAYANA RAO ADVOCATE FOR SRI. RAJESWARA P.N., ADVOCATE] * * * THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.12.2014 PASSED IN MVC NO.5801/2013 ON THE FILE OF THE III ADDITONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, AWARDING A COMPENSATION OF RS.2,33,000/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is taken up for final disposal with the consent of both the learned counsel.
2. This appeal has been preferred by the KSRTC., challenging the negligence and quantum of compensation awarded in MVC No.5801/2013, wherein a total compensation of Rs.2,33,000/- with interest at the rate of 8% p.a. has been awarded by the Tribunal to the respondent in respect of the injuries sustained by him in a road traffic accident which occurred on 11.02.2013 involving a KSRTC bus bearing reg. No.KA-40/F-455.
3. I have heard the learned counsel appearing for the Corporation and the learned counsel appearing for respondent/claimant.
4. It is the case of the claimant that on 11.02.2013 at about 3.25 p.m. when he was trying to cross the road near Seshadripuram College, on Doddaballapura road, at that time, the driver of a KSRTC bus bearing reg. No.KA-40/F-455 by driving the said bus in a rash and negligent manner, dashed against him. As a result of which he sustained simple as well as grievous injuries.
5. The Tribunal has awarded a total compensation of Rs.2,33,000/- under the following heads:
Particulars Amount in Rs.
bus and the respondent/claimant sustaining injuries in the said accident has not been disputed. It is the contention of the learned counsel for the Corporation that there is a contributory negligence on the part of the appellant and that the compensation awarded by the Tribunal is on a higher side.
7. The Tribunal after taking into consideration Exs.P1 and 6 i.e., copy of the FIR with the complaint and charge- sheet and also considering the evidence and material on record has come to the conclusion that the accident was on account of the rash and negligent driving by the driver of the offending bus. Issue No.1 was answered in favour of the claimant. The Corporation has failed to establish that there was any contributory negligence on the part of the claimant and therefore, the Tribunal was justified in holding that the accident was on account of the rash and negligent driving by the driver of the KSRTC bus.
8. According to Ex.P5-wound certificate, the claimant has sustained fracture floor of right orbit with herinat of orbital fat into the right maxillary sinus, tripod fracture of the right side involving the maxillary sinus including anterior and posterio-lateral walls and the floor of the orbit, zygomatic arch the lateral orbital wall. He has taken treatment for a period of 3 days. The claimant has not examined the doctor to substantiate the nature of injuries. The Tribunal has awarded a sum of Rs.60,000/- towards pain and suffering. In the facts and circumstances of the case, the sum awarded by the Tribunal is on a higher side. Accordingly, a sum of Rs.30,000/- is awarded towards pain and sufferings.
9. Considering the period of days in the hospital, the compensation awarded towards loss of income during the laid-up period is reduced from Rs.15,000/- to Rs.10,000/- and Rs.10,000/-awarded towards Food, Nourishment and attendant charges is reduced to Rs.5,000/-. The compensation awarded towards medical expenses, loss of amenities and disfigurement and loss of marriage prospects is maintained. The claimant is therefore, entitled to a total compensation of Rs.1,93,000/- as against Rs.2,33,000/- awarded by the Tribunal. Accordingly, I pass the following:
ORDER The appeal is allowed in part. The Judgment and Award dated 04.12.2014 passed in MVC No.5801/2013 on the file of the III Additional Senior Civil Judge and Member, MACT, Bengaluru [SCCH-18] is hereby modified.
The respondent/claimant is entitled for a total compensation of Rs.1,93,000/- with interest as ordered by the Tribunal. The appellant/Corporation shall deposit the amount if not already deposited, within a period of four weeks from the date of receipt of a copy of this Judgment. The claimant is entitled to withdraw the entire amount.
The amount in deposit shall be transmitted to the Tribunal.
Sd/- JUDGE.
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