IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.8124/2016 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.8276/2016 (MV) IN M.F.A.NO.8124/2016 BETWEEN:
SRI BASAVARAJU S.R. S/O. RAMANNA AGED ABOUT 40 YEARS R/AT NO.551/2, SONDEKOPPA BENGALURU NORTH TALUK BENGALURU URBAN DISTRICT.
... APPELLANT (BY SRI SHIVAKUMAR P., ADV.,) AND:
THE MANAGING DIRECTOR BMTC, K.H.ROAD SHANTHINAGAR BENGALURU – 560 027.
(BY SRI F.S.DABALI, ADV.,) ... RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2016 PASSED IN MVC NO.2880/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.NO.8276/2016: BETWEEN:
THE MANAGING DIRECTOR BMTC, SHANTHINAGAR K.H.ROAD, BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER.
(BY SRI F.S.DABALI, ADV.,) AND:
... APPELLANT SRI BASAVARAJU S.R. S/O. RAMANNA AGED ABOUT 40 YEARS R/AT NO.551/2, SONDEKOPPA DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU URBAN DISTRICT – 562 123.
... RESPONDENT (BY SRI P.SHIVAKUMAR, ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2016 PASSED IN MVC NO.2880/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, BENGALURU, AWARDING A COMPENSATION OF RS.7,81,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE M.F.As. COMING ON FOR ADMISSION THIS DAY THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T MFA No.8124/2016 is filed by the claimant seeking enhancement of compensation and MFA No.8276/2016 is filed by the Corporation on the ground of quantum and liability. The tribunal by its judgment and award dated 27.08.2016 in MVC No.2880/2015 awarded a sum of Rs.7,81,000/- as compensation to the claimant with interest at 9% per annum from the date of petition till the date of deposit.
2. It is the case of the appellant that, on 23.6.2015 , at about 7 a.m. when he was driving the tata ace bearing registration No.KA-52-4325 from Nelamangala towards Sondekoppa side on Nelamangala – Tavarekere road near Lakshmi Temple at that time, the driver of BMTC bus bearing registration No.Ka-57-F-1111 drove the same in a rash and negligent manner and dashed against the tata ace. Due to the said impact, he fell down and sustained grievous injuries and he was shifted to hospital for treatment.
3. Learned Counsel for the appellant submits that the claimant is owner-cum-driver of the vehicle and he has produced documents in support of his ownership. The claimant is the owner of two vehicles and was earning more than Rs.50,000/- p.m. He further submits that due to the injuries suffered and the disability sustained, the claimant is unable to carry out his duty as a driver as he was performing prior to the accident. He further submits that the tribunal has erred in assessing his income at Rs.10,000/- p.m. only while granting compensation and the compensation awarded under all heads are also on the lower side. Hence, he requests this Court to allow the appeal filed by the claimant by enhancing compensation.
4. Learned Counsel for the Corporation submitted that the compensation of Rs.3,24,000/- awarded by the tribunal under the head loss of future income by assessing the income of the claimant at Rs.10,000/- p.m. is on the higher side and the claimant has not produced any documents in support of his income. He further submits that the accident has not only occurred due to the negligence on the part of the driver of the bus, but also there is contributory negligence on the part of the claimant. The compensation awarded under different heads is on the higher side and therefore, he sought for dismissal of the appeal filed by the claimant and to allow the appeal filed by the Corporation.
5. The accident and injuries suffered are not in dispute. It is submitted by the learned Counsel for the claimant that the claimant is the owner-cum-driver of two vehicles. Though it is submitted that the claimant is unable to carry on his duty as a driver due to the injuries suffered in the accident, he has not produced any endorsement for surrendering the driving license. There is no evidence on record to prove his income and considering the wound certificate which goes to show that the injuries will not affect his future career to perform his duty as a driver. The fractures are not united. If he was earning more than Rs.50,000/- p.m, he should have been a tax payer. But, he has not produced any document in support of the same. Therefore, the tribunal was right in assessing his income at Rs.10,000/- p.m.
6. Considering the nature of the injuries and percentage of disability, I hold that the compensation awarded by the tribunal is just and proper. Insofar as negligence is concerned, the tribunal is right in coming to the conclusion that the accident has occurred due to the rash and negligent driving of the driver of the bus. Hence, no good ground is made out to enhance or reduce the compensation awarded by the tribunal to the claimant. Hence, the appeals filed by the claimant as well as the Corporation are dismissed.
The amount in deposit is to be transmitted to the Tribunal.
Sd/-
JUDGE SA