Partly allowed

Madhav Singh S/O Narayana Singh v. M D of Bmtc

Karnataka HC27 Jun 2023MFA/3813/2012

Case brief

AI extract

What is this about?

The High Court allowed the appeal in part against the Motor Accidents Claims Tribunal. It enhanced compensation from Rs.2,22,000 to Rs.2,67,000 by increasing the conveyance/nourishment award and adding Rs.30,000 for loss of income, while rejecting the claim for loss of future income as the claimant retained the same job and salary with no demotion.

What did the court decide?

Additional compensation of Rs.45,000 awarded, bringing the total to Rs.2,67,000, along with interest at 6% per annum.

Madhav Singh S/O Narayana Singh Vs M D of Bmtc — Medical Negligence | Karnataka HC (2023)

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NC: 2023:KHC:22234 MFA No. 3813 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO. 3813 OF 2012 (MV)

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BETWEEN:

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MADHAV SINGH S/O NARAYANA SINGH, AGED ABOUT 57 YEARS, RUKMINI NIVAS, GANAPATHI TEMPLE ROAD, SHANTHINAGARA, TUMKUR – 502 102.

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…APPELLANT

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(BY SRI. R. CHANDRASHEKAR , ADVOCATE) AND:

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M.D. OF B.M.T.C CENTRAL OFFICE, K.H. ROAD,DOUBLE ROAD, SHANTHINAGARA, BANGALORE – 560 027

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Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

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UNITED INDIA INSURANCE CO. LTD., NO. 40, 1^ST FLOOR, LAKSHMI COMPLEX, OPP: VANIVILAS HOSPITAL, K.R. ROAD, FORT, BANGALORE – 560 002, REP: BY ITS MANAGER.

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…RESPONDENTS (V/O DTD 04.06.2015, NOTICE TO R1 IS D/W, SMT. LAKSHMI .S. HOLLA, ADVOCATE FOR R2)

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THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:23.12.2011 PASSED IN MVC NO.8238/2010 ON THE FILE OF THE II ADDL. JUDGE, COURT OF SMALL CAUSES, MACT, BANGALORE, (SCCH 13) PARTLY ALLOWING THE CLAIM PETITION FOR

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NC: 2023:KHC:22234 MFA No. 3813 of 2012

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COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the claimant challenging the judgment and award passed in MVC No.8238/2010 dated 23.12.2011 by the Court of II Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-13), for seeking enhancement of the compensation.

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The brief facts of the case are that, on 30.10.2010 at about 8.25 p.m., when the petitioner was crossing Sheshadri Road, Subhashnagara, opposite Sangolli Rayanna Statue at Bengaluru with utmost care and caution, at that time, the driver of BMTC Bus bearing No. KA.01.F.3194 came at high speed and in rash and negligent manner so as to endanger human life, dashed against him. Due to said impact, he had fallen down and sustained grievous injuries on his face, right upper limb and on both lower limbs and also head injury. He was immediately shifted to NIMHANS, Bengaluru and after first-aid treatment, he was shifted to St. John’s Hospital,

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3 - NC: 2023:KHC:22234 MFA No. 3813 of 2012

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Bengaluru, where he was treated as inpatient till 08.11.2010. After discharge, he has taken follow-up treatment as per the advice and spent substantial amount towards his treatment, nourishment and conveyance etc. It is the further case of petitioner that, prior to the

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accident, the petitioner was working as State Training Commissioner (Bharath Scouts and Guides) Karnataka and was getting salary of Rs.29,000/- p.m., and due to the injuries sustained in the accident, he suffered permanent disability and he is unable to attend to his work and also perform his day to day activities, as he is getting headache and giddiness oftenly and his memory power is also considerably reduced and he is not able to concentrate on his work and therefore, he is put to mental agony. Therefore, he approached the Motor Accidents Claims Tribunal at Bengaluru, seeking compensation by filing a claim petition, which was registered as MVC No.8238/2010.

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After hearing the arguments on both sides and also on consideration of the material on record, the Tribunal has allowed the claim petition in part and

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NC: 2023:KHC:22234 MFA No. 3813 of 2012

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awarded compensation of 2,22,000/- with interest at 6%

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p.a. from the date of petition till the date of deposit, under

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the following heads:-

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Sl.No.	Particulars	Amount in Rupees
1	Pain and Sufferings	70,000/-
2	Medical & Hospitalisation charges	37,000/-
3	Conveyance, Nourishment etc.	10,000/-
4	Loss of amenities and future happiness	30,000/-
5	Loss of amenities and future happiness	75,000/-
	Total	2,22,000/-

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From medical evidence on record and from the

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evidence of the Doctor-PW.2 it is proved that the claimant

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had suffered the following injuries:-

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I. i) Head injury ii) Frontal Pneumocephlus iii) Fracture of right medical wall of orbit iv) Ethnoid and Maxillary hemosinus

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II. Multiple abrasion over right side cheek, right shoulder, right wrist, right and left knees.

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5 - NC: 2023:KHC:22234 MFA No. 3813 of 2012

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Heard the learned counsel appearing on both sides and perused the records.

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The above said injuries are grievous in nature. The quantum of compensation awarded under the head ‘Injuries, pain and sufferings’ is found to be correct and the same is kept intact.

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The compensation awarded under the head of Medical Expenses is as per the actual bills produced by the claimant. But, the compensation awarded under the head of ‘conveyance, Nourishment etc.’ at Rs.10,000/- is on lower side, since the claimant was an inpatient in St. John’s Hospital for about 10 days from 30.10.2010 till 08.11.2010. Therefore, compensation of Rs.10,000/awarded under this head is enhanced to Rs.25,000/- .

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The Tribunal has awarded compensation of Rs.30,000/- towards Loss of earning during laid-up period’ by holding the monthly income at Rs.15,000/- for two months. Ex.P7-Salary Certificate would indicate that, the claimant was working a State Training commissioner (Bharath Scouts and Guides) Karnataka and was getting

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NC: 2023:KHC:22234 MFA No. 3813 of 2012

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salary of Rs.29,000/- p.m. Therefore, it is proved that the claimant was getting salary of Rs.29,516/- p.m., and after the accident, the claimant must not have attended his work at least for a period of three months and the claimant was constrained to apply leave with half pay for a period of two months and for another one month he must have lost the pay. Therefore, a sum of Rs.60,000/- is awarded under the head of ‘Loss of Income during Laid-up Period.

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Further, even though the claimant is claiming compensation under the head of ‘Loss of Future Income/Permanent Disability’, but the claimant is continued in the same job and by maintaining the same salary and there is no evidence that the claimant was terminated/removed/dismissed from service and just because the Doctor has stated that the claimant had suffered 55% of physical disability, that cannot be a ground to grant compensation under the head of ‘Loss of Future Income or disability’. Since no functional disability affecting his earning capacity of the claimant is proved and the claimant is continued in the same job with same

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7 - NC: 2023:KHC:22234 MFA No. 3813 of 2012

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salary and without demotion, the compensation under the

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head of ‘Loss of Future Income or Disability’, cannot be awarded. Therefore, the finding recorded by the Tribunal

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in this regard is correct and it is left intact.

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In the above facts and circumstances of the case, the impugned judgment and award needs to be modified and accordingly, the appellant/claimant is entitled for the compensation amount of Rs.2,67,000/under the following heads:

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Sl.No.	Particulars	Amount in Rupees
1	Pain and Sufferings	70,000/-
2	Medical & Hospitalisation charges	37,000/-
3	Conveyance, Nourishment etc.	25,000/-
4	Loss of earning during laid-up period	60,000/-
5	Loss of amenities and future happiness	75,000/-
	Total	2,67,000/-
	Award of Tribunal	2,22,000/-
	Enhanced Compensation	45,000/-

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NC: 2023:KHC:22234 MFA No. 3813 of 2012

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Therefore, the appellant/claimant is awarded a

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total compensation of Rs.2,67,000/- as against the compensation awarded by the Tribunal at Rs.2,22,000/-.

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Hence, the appellant is entitled for an additional compensation of Rs.45,000/- (Rs.2,67,000 –

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Rs.2,22,000), along with interest at 6% per annum from the date of filing of the petition till deposit.

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Accordingly, I pass the following:

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ORDER

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i. The appeal is allowed in part .

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ii. The impugned judgment and award dated 23.12.2011, passed in MVC No.8238/2010, on the file of II Additional Judge, Court of Small Causes, and MACT, Bengaluru, is modified to an extent that the appellant – claimant is entitled for an additional compensation of Rs.45,000/- (Rupees Forty Five Thousand only), along with interest at 6% per annum from the date of filing of the petition till deposit, in addition to what has been awarded by the Tribunal.

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iii. The amount in deposit shall be transferred to the Tribunal forthwith.

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NC: 2023:KHC:22234 MFA No. 3813 of 2012

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iv. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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v. Draw award accordingly.

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Sd/JUDGE

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KGR* List No.: 1 Sl No.: 9

Madhav Singh S/O Narayana Singh v. M D of Bmtc

Case brief

What is this about?

What did the court decide?

Madhav Singh S/O Narayana Singh v. M D of Bmtc

Case brief

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