IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA MFA NO.6045/2014 (MV) BETWEEN:
SURESHA S/O VENKATACHALA AGED ABOUT 42 YEARS RESIDING AT MANCHANAYAKANAHALLI BIDADI HOBLI RAMANAGARA TALUK AND DISTRICT PIN 562 109 (BY SRI. SHANTHARAJ K, ADV.) AND ... APPELLANT THE DIVISIONAL MANAGER K S R T C K H ROAD SHANTHINAGAR BANGALORE 560027 (BY SRI B L SANJEEV, ADV.) ... RESPONDENT MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.06.2014 PASSED IN MVC NO.214/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, 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 by the claimant seeking enhancement of compensation awarded by the Tribunal.
2. Heard the learned counsels appearing for the parties. Perused the judgment and award passed by the Tribunal.
3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.
4. As there is no dispute regarding certain injuries sustained by the claimant in a road traffic accident occurred on 30.14.2012 due to rash and negligent driving of the offending KSRTC No.KA-11-F-0028 by its driver and liability of the KSRTC, the only point that arises for consideration in the appeal is:
“Whether quantum of compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?”
5. As per the wound certificate at Ex.P5 and the discharge summary at Ex.P-6, the claimant had sustained following injuries:-
a) Lacerated and cut wound over right face b) Left middle finger lacerated c) Right hand forearm lacerated d) Right hand wrist abrasion and lacerated e) Rigth leg foot abrasion and lacerated f) Right side chest blunt trauma g) Left side blund trauma over the left thorax region h) Right leg knee abrasion i) Left hand elbow and wrist lacerated and left leg haematoma over the buttock j) Right font lobe welling The injuries sustained and treatment underwent by the claimant are also evident from 12 medical prescriptions at Ex.P-7 and medical bills at Ex.P-8 and they are corroborated by the oral evidence of the claimant examined as PW-1. Claimant has not chosen to examine the doctor, who treated him regarding disability.
6. Considering the nature of injuries, a sum of Rs.25,000/- is awarded towards ‘pain and suffering’.
7. The claimant has produced the medical bills amounting to Rs.8,958/-. He was treated as inpatient for a period of 4 days at Subhash Hospital. Therefore, a sum of Rs.12,000/- is awarded towards ‘medical and incidental expenses’.
8. In the absence of proof of income, considering his age as 40 years, year of accident as 2012 and his avocation as coolie, his income could be assessed at Rs.5,000/- per month. The nature of injuries suggest that he must have been under rest and treatment for a period of 2 months and therefore a sum of Rs.10,000/-
is awarded towards ‘loss of income during laid up period’.
9. In the absence of evidence of doctor regarding disability and its impact on future life and earning capacity of the claimant, he is not entitled for compensation under the head “loss of future income” and “loss of amenities”.
10. Thus, the claimant is entitled for the following compensation:-
HEADS Rs.
Pain and sufferings 25,000 Medical and incidental Expenses 12,000
11. Accordingly, the appeal is allowed-in-part. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimant is entitled for an additional compensation of Rs.32,000/- with interest at 6% p.a. from the date of claim petition till the date of realisation.
12. The KSRTC is directed to deposit the additional compensation amount together with interest within two months from the date of receipt of a copy of this judgment. The same is ordered to be released in favour of the claimant.
No order as to costs.
Sd/- JUDGE DM