Corporation appealed against MACT award of Rs.8,49,374 to an injured agriculturist motorcyclist hit by a KSRTC bus. The court upheld the Tribunal's assessment of income, 30% disability, and compensation heads, rejected contributory negligence given the charge sheet against the bus driver, and dismissed the appeal.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 101558 OF 2018
BETWEEN:
THE DIVISIONAL CONTROLLER, NWKRTC, BAGALKOT DIVISION, BAGALKOT, REP BY: DULY CONSTITUTED AUTHORITYCHIEF LAW OFFICER.
…APPELLANT
(BY SRI. M. K. SOUDAGAR, ADVOCATE)
AND:
SHRI. IRANGOUDA BASANAGOUDA PATIL, AGE:37 YEARS, OCC: AGRICULTURE, R/O: PANT BALEKUNDRI, BELAGAVI - 591103.
…RESPONDENT
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYS TO CALL FOR RECORDS IN CASE MVC NO.2763/2015, ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE & ADDL. MACT, BELAGAVI AND SET ASIDE THE JUDGMENT AND AWARD DATED 15.11.2017 BY ALLOWING THIS APPEAL WITH COST.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
NC: 2024:KHC-D:13319 MFA No. 101558 of 2018
| A. | Pain and sufferings | Rs. 50,000/- |
|---|---|---|
| B. | Loss of amenities | Rs. 30,000/- |
| C. | Loss of future earnings | Rs. 5,76,000/- |
| D. | Loss of income during laid off period |
Rs. 30,000/- |
| E. | Medical expenses | Rs. 1,43,374/- |
| F. | Attendant & Misc. Expenses | Rs. 20,000/- |
| TOTAL | Rs. 8,49,374/- |
under the head of pain and sufferings is on higher side. With this, he prayed to allow the appeal.
Exs.P.9 to 34 are RTC extracts, which indicate that claimant is
an agriculturist and having income from his agriculture. Considering said aspect, Tribunal has rightly taken the income of claimant at Rs.10,000/- per month. As per Ex.P.36 discharge summary claimant has suffered III B segmental right tibia fracture with bone loss with fracture of upper 1/3rd shaft of right fibula. Ex.P.40 is disability certificate issued by PW.2. PW.2 is doctor, who has not treated the claimant. PW.2 has stated that claimant has suffered 45% of disability. Ex.P.1 is wound certificate, wherein there is a mention that ½ inch shortening of leg. Considering evidence of PW.2, injury stated in Ex.P.1 wound certificate and evidence of PW.2 Doctor, Tribunal has rightly taken disability of claimant at 30%. Considering the said aspect, Tribunal has rightly awarded compensation for loss of future income.
Tribunal by considering documents produced by claimant has rightly awarded medical expenses and also attendant charges.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
VB/CT:ANB
List No.: 1 Sl No.: 16
2 issues framed by the court
Was the Tribunal's quantum of compensation for the injured motorcyclist excessive?
Did the claimant's contributory negligence reduce the Corporation's liability?
1 provisions across 1 enactments
The Divisional Controller, NWKRTC, Bagalkot Division
Shri. Irangouda Basanagouda Patil
Shivashankar Amarannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
