IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL No.6072 OF 2016 (MV-INJ) BETWEEN:
Sri. Mustaq Ahmed, S/o. Abdul Aziz, Aged about 36 years, R/at No.964, 1st Main, Near Corporation Office, R.K. Hegde Nagar, Bengaluru North, Bengaluru – 560 077. …Appellant (By Sri. Shripad V. Shastri, Advocate) AND:
The Managing Director, BMTC, K.H. Road, Bengaluru – 27. … Respondent (By Sri. K. Nagaraja, Advocate) This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 29.06.2015 passed in MVC No.1445/2014 on the file of the I Additional Small Causes Judge & XXVII ACMM, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This appeal coming on for Admission, this day, the Court delivered the following:
JUDGMENT This appeal is filed by the claimant challenging the judgment and award dated 29.06.2015, passed by the I Additional Small Causes Judge and XXVII ACMM (SCCH- 11) (hereinafter referred to as ‘the Tribunal’ for short) at Bengaluru in MVC No.1445/2014, whereby the Tribunal has granted compensation of Rs.2,49,079/- with interest @ 6% p.a.
2. For the purpose of convenience, parties are referred as per their rankings before the Tribunal.
3. Brief facts of the case:
On 19.03.2014 at about 09.00 a.m. when the claimant was proceeding on Honda Activa vehicle bearing registration No.KA-05-HY-4111 on Hennur Ring Road underpass, Bengaluru City, at that time, the BMTC bus bearing registration No.KA-01-F-2841 driven by its driver in a rash and negligent manner with high speed and dashed to the motor cycle. Due to the impact, the petitioner sustained grievous injuries and he was shifted to Specialist Hospital, Bengaluru for treatment. After recovering from the injuries, the petitioner had filed a claim petition in MVC No.1445/2014 before the Tribunal. To establish his case, he himself got examined as PW.1 and also got examined Dr.Ranga Rajan as PW.2 and got marked 23 documents. On the other hand, the Corporation examined one witness and not marked any documents. On appreciation of oral and documentary evidence, the Tribunal has granted Rs.2,49,079/- with interest @ 6% p.a. Being aggrieved by the same, the claimant/appellant has filed this appeal seeking enhancement of compensation.
4. Learned counsel for the appellant submitted that prior to the accident, petitioner was working in a Private Company and was earning Rs.8,000/- p.m. The Tribunal is not justified in taking the monthly income of the claimant at Rs.5,000/- p.m., which is on the lower side. Hence, he sought for enhancement of compensation.
5. Per contra, learned counsel for the Corporation submitted that though the claimant claimed that he was earning Rs.8,000/- p.m., he has not produced any documents. Therefore, the Tribunal is justified in granting the compensation. Hence, he sought for dismissal of the appeal.
6. Heard the learned counsel for the parties and perused the records.
7. It is not in dispute that the appellant had suffered injury in a road traffic accident occurred on 19.03.2014, due to the rash and negligent driving of the driver of the BMTC bus bearing registration No.KA-01-F- 2841. Due to the accident, claimant had sustained fracture right tibia and the claimant claims that he was earning Rs.8,000/- per month. But the same is not established by producing any documents. The Tribunal while assessing the notional income has taken income of the claimant at Rs.5,000/- p.m., which is on the lower side. In catena of cases, this Court has relied upon the Chart prepared by Lok-Adalath for the purpose of deciding the matters at Lok Adalath. According to the Chart, for an accident of the year 2014, the income should be taken notionally as Rs.8,000/- per month. Therefore, the learned Tribunal is unjustified in assessing the claimant’s income as merely Rs.5,000/- per month. Therefore, this Court enhances the claimant’s income from Rs.5,000/- to Rs.8,000/- per month. Accordingly, the loss of income has been recalculated as below:
8000 x 12 x 16 x 13% = 1,99,680/-
8. Accordingly, the appeal is partly allowed. The judgment and award passed by the Tribunal is modified as under:
Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) Medical expenses 54,279/- 54,279/-
Food, conveyance, nourishment and attendant charges 5,000/- 5,000/-
Loss of income 5,000/- 5,000/-
9. The Corporation is directed to deposit with the learned Tribunal, the remaining compensation amount along with an interest @ 6% per annum, from the date of filing of the claim petition till the date of realization, within a period of four weeks from the date of receipt of the certified copy of this judgment. The Tribunal is directed to disburse the amount in terms of the award passed by the Tribunal after due verification.
MBM Sd/-
JUDGE