Partly allowed

Mr Vemanarayana v. the Managing Director

Karnataka HC4 Dec 2023MFA/703/2017

Case brief

AI extract

What is this about?

Two miscellaneous first appeals were filed against an accident tribunal award. The claimant sought to enhance the compensation amount which exceeded his initial prayer; the appeal was dismissed as incompetent. The KSRTC appealed on disability and interest rates; the court reduced the interest rate from 9% to 6% p.a. while upholding the disability assessment.

What did the court decide?

Interest reduced from 9% p.a. to 6% p.a. Claimant's appeal for enhancement dismissed.

Mr Vemanarayana Vs the Managing Director — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 703 OF 2017 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 7 OF 2017 (MV-D)

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IN MFA NO.703/2017

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BETWEEN:

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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MR. VEMANARAYANA, S/O MUNISHAMY, AGED ABOUT 56 YEARS, R/AT KONDAVENKAPALI, YADAVKOTE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 146.

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(BY SRI. JAYAKUMAR P.P., ADVOCATE) AND:

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…APPELLANT

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THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027, REP. BY ITS CHIEF LAW OFFICER. (RC OWNER & INTERNAL INSURER OF KSRTC BUS BEARING REG.NO.KA- 06-F-926)

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…RESPONDENT

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(BY SRI. F.S. DABALI, ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN MVC NO.2648/2015 ON THE FILE OF THE MEMBER, PRL. M.A.C.T. AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU(SCCH-1), PARTLY ALLOWING THE CLAIM

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NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO.7/2017

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BETWEEN:

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THE MANAGING DIRECTOR, KSRTC, HASSAN DEPOT, CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027, REP. BY ITS CHIEF LAW OFFICER.

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…APPELLANT

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(BY SRI. F.S. DABALI, ADVOCATE)

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AND:

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MR. VEMANARAYANA, S/O MUNISHAMY, AGED ABOUT 56 YEARS, R/AT KONDAVENKAPALLI, YADAVKOTE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 146.

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…RESPONDENT

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(BY SRI. JAYAKUMAR P.P., ADVOCATE)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN MVC NO.2648/2015 ON THE FILE OF THE PRL. M.A.C.T. AND CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU(SCCH-1), AWARD COMPENSATION OF RS.7,29,825/- WITH INTEREST AT 9% PER ANNUM FROM THE DATE OF PETITION TILL REALIZATION.

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THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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JUDGMENT

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These Appeals are filed by the claimant and the KSRTC aggrieved by the award passed in M.V.C.No2648/2015, dated 05.10.2016. The claimant's appeal is MFA No.703/2017 and the KSRTC appeal is MFA No.7/2017.

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MFA No.703/2017 :

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The claim petition was filed seeking

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compensation of an amount of Rs.7,00,000/-, for the injuries sustained by the claimant, the Court below had awarded an amount of Rs.7,29,825/-. It is the case of the claimant that he had sustained severe injuries in the accident. As per Ex.P6 he has suffered 'cervical spine injury C7 T1 fracture dislocation with bilateral locked facets', which is grievous in nature. He had spent huge amount for treatment. The claimant had examined PW.2Doctor. According to the Doctor, he had sustained

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disability of 42% to the whole body, as per the American formula. The Court below has observed that, Doctor is not

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4 - NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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a treated Doctor, he has assessed disability as per the American formula. He has not produced the Central Government notification. He has assessed the whole body disability without assessing the limb disability. The Court below has observed that 42% disability is on the higher side and took disability at 25% to the whole body and granted compensation of an amount of Rs.2,47,500/under the head of 'Loss of income due to disability' . Under the head of 'pain and suffering' granted an amount of Rs.50,000/-. Under the head of 'Medical Expenses' , based on the evidence, granted an amount of Rs.3,52,325/-. Under the head of 'Loss of income during laid up period' , granted an amount of Rs.30,000/-. Under the had of 'loss of amenities' granted an amount of Rs.30,000/-. Under the head of 'conveyance charges, attendant charges and other

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charges' granted an amount of Rs.20,000/-. Altogether Court below had granted a total compensation of an amount of Rs.7,29,825/-.

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5 - NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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Learned counsel appearing for the appellant

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submits that the compensation that was awarded by the Court below was not reasonable. The Court below ought to have taken disability at 42% as deposed by the Doctor, but not 25%.

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The claim petition itself is filed seeking compensation of an amount of Rs.7,00,000/- and they have not filed any application for enhancement by amending the prayer. The Court below had granted an amount of Rs.7,29,825/-. At any stretch of imagination, it cannot be said that the claimant is aggrieved by the award passed by the Court below and this Court is of the view that he cannot maintain this appeal. Accordingly, the appeal of the claimant is dismissed .

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MFA No.7/2017:-

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This appeal is field by the KSRTC. The learned counsel for the appellant submits that PW.2 Doctor is not a treated Doctor and in the earlier accident, claimant had already sustained disability to the lower limb. The Court

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6 - NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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below ought not to have taken 25% as disability, which is on the higher side. Further the interest that was awarded is at 9% which is also exorbitant. He submits that the compensation that was granted by the Court below is on the higher side.

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Having heard the learned counsel on either side, perused the entire material on record. First coming to the disability, as per the Doctor, the claimant had sustained 42% disability to the whole body as he has suffered cervical spine injury. The Court below has considered 25% disability to the whole body. The conclusion arrived at by the Court below is justified, under all the other heads, the amounts granted by the Court below are reasonable. Hence, this Court finds no reason to interfere with the award passed by the Court below.

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Then coming to the rate of interest, Court below

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has granted interest at 9% p.a. As rightly pointed out by the learned counsel for the KSRTC, the same is on the

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7 - NC: 2023:KHC:43727 MFA No. 703 of 2017 C/W MFA No. 7 of 2017

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higher side. Accordingly, the interest is reduced from 9% p.a. to 6% p.a.

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Accordingly, appeal of the KSRTC is partly-

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allowed by reducing the rate of interest from 9% p.a. to 6% p.a.

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i) The amount in deposit, if any, shall be transferred to the concerned Tribunal forthwith.

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

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iii) No costs.

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Pending miscellaneous petitions, if any, shall stand

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closed.

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SD/JUDGE

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GPG

Mr Vemanarayana v. the Managing Director

Case brief

What is this about?

What did the court decide?

Mr Vemanarayana v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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