IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3RD DAY OF JULY 2014 BEFORE THE HON'BLE MR.JUSTICE N.ANANDA M.F.A. No.8301/2012 C/W M.F.A.No.1176/2014 (MV) M.F.A. No.8301/2012 BETWEEN:
THE MANAGING DIRECTOR KSRTC, CENTRAL DIVISION K H ROAD, SHANTHINAGAR BANGALORE 560 002 RC OWNER-INTERNAL INSURER OF THE KSRTC BUS NO.KA-40-F-166 NOW THROUGH CHIEF LAW OFFICER KSRTC, BANGALORE. .. APPELLANT (By Sri K NAGARAJA, ADV.) AND SHARATH KUMAR AGED ABOUT 16 YEARS S/O LATE DEVARAJ SINCE MINOR, REPTD BY HIS MOTHER AND NATURAL GUARDIAN SMT MANGALA, W/O LATE DEVARAJ AGED ABOUT 34 YEARS RESIDING AT BASVANAPURA VILLAGE & POST BANGALORE SOUTH TALUK BANGALORE DISTRICT. .. RESPONDENT (By Sri P SURESH, ADV.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.06.2012 PASSED IN MVC NO.3566/2010 ON THE FILE OF XIV ADDITIONAL JUDGE AND MACT., COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.2,00,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.
M.F.A.No.1176/2014 BETWEEN:
SHARATH KUMAR S/O. LATE. DEVARAJ, AGED ABOUT 14 YEARS, SINCE MINOR, REPT.
BY HIS MOTHER AND NATURAL GUARDIAN MANGALA W/O LATE.DEVARAJ, AGED ABOUT 32 YEARS, R/AT:-BASAVANAPURA-VG & PO, BANGALORE SOUTH-TQ, BANGALORE-DIST. .. APPELLANT (By Sri P SURESH, ADV.) AND THE MANAGING DIRECTOR KSRTC, CENTRAL DIVISION, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027. .. RESPONDENT (BY K NAGARAJA, ADV.) -0-0-0-0-0-
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.06.2012 PASSED IN MVC NO.3566/2010 ON THE FILE OF MACT, BANGALORE CITY, AWARDING A COMPENSATION OF RS.2,00,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.
These appeals coming on for final hearing this day, the Court delivered the following:-
JUDGMENT MFA.No.8301/12 is filed by the KSRTC for reduction of compensation and MFA.No.1176/14 is filed by the claimant for enhancement of compensation.
2. Heard Sri.P.Suresh, learned counsel for claimant and Sri. K. Nagaraja, learned counsel for KSRTC.
4. The findings of Tribunal on issues of negligence and liability have attained finality.
5. The claimant had suffered following injuries:-
(a)fracture of lateral wall of right maxilla and lateral wall orbit; and (b)Cerebral edema.
The claimant was treated in Sairam Hospital. He was an inpatient for a period of eight days. The residual effects of injuries have a bearing on normal activities of claimant. The medical Officer (P.W.3) has assessed permanent physical disability at 50%, however, without assigning any reasons. The Tribunal has awarded compensation of Rs.2,00,000/- under following heads:-
Rs.
6. On hearing learned counsel for parties and after going through evidence and the impugned judgment, I am of the opinion that compensation of awarded by the Tribunal under the heads permanent physical disability at Rs.40,000/-; loss of expectation of life at Rs.30,000/- and loss of amenities at Rs.20,000/- are overlapping. The Tribunal has not awarded compensation towards loss of earnings during laid up period. The Tribunal has not awarded separate compensation towards transportation charges. Therefore, I deem it proper to award additional compensation of Rs.25,000/-.
7. In the result, I pass the following:-
ORDER MFA.No.8301/12 filed by the KSRTC is dismissed. MFA.No.1176/14 filed by the claimant is accepted in part. The impugned award is modified. Compensation of Rs.2,00,000/- awarded by the Tribunal is enhanced to Rs.2,25,000/-. The claimant is not entitled to interest for the delay period of 529 days.
The rest of the impugned award is confirmed.
The amount deposited by KSRTC shall be transferred to the Tribunal.
Sd/- JUDGE.
*alb/-.