MFA disposed against an order awarding compensation for motor vehicle accident. Enhanced compensation due to disability and adjusted heads; dismissed cross objection regarding contributory negligence.
Compensation enhanced from Rs.4,54,000/- to Rs.5,21,175/- carrying 6% interest; KSRTC cross objection dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:45805 MFA No. 4692 of 2019 C/W MFA.CROB No. 51 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4692 OF 2019(MV-I)
C/W
MFA CROSS OBJECTION NO. 51 OF 2022(MV-I)
IN MFA NO. 4692/2019
BETWEEN:
PRAMOD KUMAR G.C., S/O CHIKKA BORAIAH G.N., AGED ABOUT 23 YEARS, R/AT S. HONNAIAH BADAVANE, MANDYA CITY - 571 405.
…APPELLANT
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
AND:
MANAGING DIRECTOR/DIVISION CONTROLLER, OWNER OF KSRTC, R/P BY DEPOT MANAGER, KSRTC BUS STAND, BESIDE M.C. ROAD, MADDUR, MANDYA DISTRICT - 571 421.
…RESPONDENT
(BY SRI. N. KUMAR, ADVOCATE)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:31.10.18 PASSED IN MVC
NC: 2023:KHC:45805 MFA No. 4692 of 2019 C/W MFA.CROB No. 51 of 2022
NO.118/16 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA. CROB NO.51/2022 BETWEEN:
THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, BUS STAND BESIDE MC ROAD, MADDURU.
NOW REPT. BY BENGALURU CENTRAL OFFICE, SARIGE BHAVANA, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. REPRESENTED BY ITS CHIEF LAW OFFICER.
…CROSS OBJECTOR
(BY SRI. N. KUMAR, ADVOCATE)
AND:
PRAMOD KUMAR G.C., S/O CHIKKA BORAIAH G.N., AGED ABOUT 25 YEARS, R/AT S. HONNAIAH BADAVANE, MANDYA CITY - 571 405.
…RESPONDENT
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
THIS MFA CROB IS FILED U/O.41 RULE 22 R/W SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD
NC: 2023:KHC:45805 MFA No. 4692 of 2019 C/W MFA.CROB No. 51 of 2022
DATED:31.10.18 PASSED IN MVC NO.118/16 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & MACT, MANDYA, AWARDING COMPENSATION OF RS.4,54,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THIS MFA AND MFA.CROB, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the award passed in MVC No.118/2016 dated 31.10.2018, the claimant is before this Court. The KSRTC has filed MFA Crob. No.51/2022. The claim petition is filed seeking compensation of an amount of Rs.33,00,000/- for the injuries sustained by the claimant in the motor vehicle accident. The Court below had granted an amount of Rs.4,54,000/-.
per the discharge summary, it reveals that the claimant was diagnosed with shaft tissue injury on the left thigh and fracture of shaft tibia left mid 1/3rd . He was inpatient from 06.01.2016 to 16.01.2016 and he has also undergone surgery and medical procedure for wound debridement and evacuation of Haematoma. It is the case of the claimant that he was earning an amount of Rs.30,000/- per month and working as a Painter and Court below had taken income at Rs.7,500/- per month and under the head pain and sufferings granting an amount of Rs.70,000/-, medical expenses 54,855/-, food, nourishment, attendant and conveyance an amount of Rs.10,000/-, loss of income during laid up period for four months Rs.30,000/-, towards loss of amenities an amount of Rs.30,000/- and towards permanent disability as the doctor has deposed 48% to the left lower limb and Court below had taken 1/3rd of the same i.e., 16% and applying the relevant multiplier, the Court below had granted an amount of Rs.2,59,200/-. All together, an amount of Rs.4,54,000/- was awarded.
He was working as a Painter. Even under the other heads also the compensation awarded by the Court below was not just and reasonable.
Hence, under the head of loss of future income, Rs.9,500 x 12 x 18 x 16/100 = 3,28,320/- is granted towards loss of future income due to disability .
ANOTHER1 , the claimant is entitled for an amount of
Rs.10,000/- towards legal expenses .
following heads:
| Sl.No. | Description of Items | Amounts Rs. |
|---|---|---|
| 1. | Pain and Suffering | 40,000.00 |
| 2. | Medical expenses |
54,855.00 |
| 3. | Loss of income during laid up period (9,500 X 4) |
38,000.00 |
| 4. | Attendant charges, food, conveyance and nourishment |
20,000.00 |
| 5. | Loss of future income due to disability |
3,28,320.00 |
| 6. | Loss of amenities | 30,000.00 |
| 7. | Legal Expenses | 10,000.00 |
| Total | 5,21,175.00 |
1 (2014) 11 SCC 178
NC: 2023:KHC:45805 MFA No. 4692 of 2019 C/W MFA.CROB No. 51 of 2022
Pending miscellaneous petitions, if any, shall stand closed.
MH/List No.: 1 Sl No.: 86 CT:SNN
SD/JUDGE
2 issues framed by the court
Whether the trial court erred in not attributing contributory negligence to the claimant who was alleged to be under the influence of alcohol and engaged in triple riding.
Whether the compensation awarded by the trial court for pain and sufferings, loss of future income, and attendant charges was just and reasonable.
Colour shows how this judgement treated each authority
V.MEKALA VS.M.MALATHI AND ANOTHERReferred¶53
V.MEKALA VS.M.MALATHI AND ANOTHER (2014) 11 SCC 178 · Who else cites this
PRAMOD KUMAR G.C.
MANAGING DIRECTOR/DIVISION CONTROLLER, KSRTC
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
