Partly allowed

Shri. Veerangouda S/O Virupakshappa Kolur, v. the Divisional Controller

Karnataka HC26 Sept 2024MFA/102888/2017

Case brief

AI extract

What is this about?

Cross appeals by claimant and NWKRTC against a motor accident award for crush injury to the claimant's left leg caused by a reversing bus. The High Court enhanced compensation to Rs.3,79,987 using notional income of Rs.7,000 per month with 12% whole body disability, and reduced interest from 7% to 6% per annum.

What did the court decide?

Compensation enhanced to Rs.3,79,987 with interest at 6% per annum from date of petition; Corporation to deposit within six weeks, failing which 9% interest.

Shri. Veerangouda S/O Virupakshappa Kolur, Vs the… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 102888 OF 2017 C/W MISCELLANEOUS FIRST APPEAL NO. 103111 OF 2017

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IN MFA NO.102888/2017 BETWEEN:

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SHRI. VEERANGOUDA S/O. VIRUPAKSHAPPA KOLUR, AGE: 39 YEARS, OCC: AGRICULTURIST, R/O: HIREHULLAL, TQ: HANGAL, DT: HAVERI.-581110. (BY SRI. B. M. PATIL, ADVOCATE)

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…APPELLANT

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AND:

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THE DIVISIONAL CONTROLLER, NWKRTC, HAVERI-581110 BUS NO. KA-27/F-321.

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…RESPONDENT

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(BY SRI. S. C. BHUTI, ADVOCATE)

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD IN M.V.C. NO.87/2014 DATED 28.04.2017 PASSED BY THE COURT OF SENIOR CIVIL JUDGE & AMACT, HANGAL, AT HANGAL IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.103111/2017 BETWEEN:

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THE DIVISIONAL CONTROLLER, NWKRTC, HAVERI, BUS NO.KA-27/F-321, REPRESENTED BY CHIEF LAW OFFICER. (BY SRI. S. C. BHUTI, ADVOCATE)

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…APPELLANT

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2 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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AND:

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VEERANAGOUDA S/O. VIRUPAKSHAPPA KOLUR, AGE: 39 YEARS, OCC: AGRICULTURIST, R/O: HIREHULLAL-581 101, TQ: HANGAL, DIST: HAVERI.

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…RESPONDENT

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(BY SRI. B.M. PATIL, ADVOCATE)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND AMACT, HANGAL AT: HANGAL IN MVC NO.87/2014 DATED 28.04.2017 IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Miscellaneous First Appeal No.102888/2017 is

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filed by the claimant seeking enhancement of compensation.

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Miscellaneous First Appeal No.103111/2017 is filed by the Corporation challenging the quantum of compensation and liability.

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Both the appeals are filed in respect of the judgment dated 28.04.2017 passed in MVC No.87/2014 by the learned Senior Civil Judge and AMACT, Hangal.

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3 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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Brief facts of the claimant’s case are that on 27.01.2013 at about 8:45 pm, the claimant was traveling in KSRTC bus bearing registration No.KA27/F-321 from Haveri to Kusanur. When the bus came near Tumarikoppa cross, due to mechanical brake down, one Katma vehicle was stopped in Tumarikoppa cross. Driver of the bus had stopped the vehicle, passengers got down from bus so as to see the Katma vehicle. When the claimant after seeing Katma vehicle was about to board the bus, the driver of the bus without observing the claimant, in a rash and negligent manner, drove the bus in reverse direction and dashed to the claimant. Due to the accident, the petitioner fell down and the hind wheel of the bus ran over the left leg of the claimant The claimant took treatment in the hospital. The claimant made a claim petition seeking compensation.

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NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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The trial Court, after recording evidence and appreciating the evidence on record, has

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awarded compensation as under:

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Sl.	Head	Amount in Rs.
No.
1	Towards pain and suffering	45,000/-
2	Medical expenses	58,787/-
3	Diet, nourishment, conveyance and attendant charges	35,000/-
4	Towards loss of income during laid- up-period	13,500/-
5	Loss of future income on account of permanent physical disability	97,200/-
6	Loss of amenities and enjoyment of life	30,000/-
7	Future medical expenses	10,000/-
	TOTAL	2,89,487/-

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The claimant seeking enhancement and the Corporation challenging the quantum and liability, have preferred appeal.

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Learned counsel for the claimant would contend that the accident has occurred in the year 2013 and as per the chart prepared by the Legal Services Authority for the purpose of settlement of matter before the Lok Adalat, notional income is fixed at Rs.7,000/- per month but the Tribunal erred

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5 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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in taking the income at Rs.4,500/- per month. The claimant has sustained crush injury to his left leg and he has been admitted to the hospital for 49 days and skin grafting was done. Considering the said aspect, the Tribunal has taken the disability at 12% even though the Doctor has stated that the disability is at 35%. He contends that the compensation awarded for loss of amenities, loss of income during laid up period, attendant charges etc, are on the lower side. With this, he prayed to allow the appeal.

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Learned counsel for the Corporation would contend that on perusal of the wound certificate, the claimant has sustained simple injuries and the Doctor, even though the claimant has not sustained any fracture, has assessed the disability at 35%. The Tribunal without considering the said aspect, has taken the disability at 15%. The claimant has not sustained any disability. He contends that the compensation awarded under all the heads are just and proper. He contends that the accident occurred

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NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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due to the negligence of the claimant and therefore, he has also contributed to the accident and contributory negligence has to be saddled on the claimant also. He further contended that the interest awarded by the Tribunal at 7% is on the higher side and prayed to award interest at 6% per annum. He contends that without any basis, the Tribunal has awarded future medical expenses. With this, he prayed to allow the appeal filed by the Corporation.

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Having heard the learned counsel, the

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Court has perused the impugned judgment and award and other material placed on record.

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Charge-sheet has been filed against the

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driver of the Corporation bus and therefore, the entire negligence is on the part of the driver of the bus. Considering the said aspect, the Tribunal has rightly saddled the entire liability on the Corporation. Even though, as per the wound certificate, injuries sustained by the claimant is

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7 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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crush injury to his left leg and skin grafting has been done and he has been admitted in the hospital for 49 days, the Doctor, who examined the injured claimant has assessed the disability at 35%, the claimant is an agriculturist and doing milk vending. The said crush injury to left leg affects his agriculture and milk vending business. Considering the said aspect, the Tribunal has rightly taken the whole body disability at 12%. The Tribunal ought to taken notional income at Rs.7,000/- per month as per the chart prepared by the Legal Services Authority for the purpose of settlement of matter before the Lok Adalat for the year 2013 instead of Rs.4,500/- per month.

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In view of the above, the loss of earning would come to Rs.1,51,200/- (Rs.7000x12x15x12%). Compensation awarded for pain and suffering in a sum of Rs.45,000/- is just and proper. Considering the nature of injury, compensation awarded by the Tribunal in a sum of Rs.30,000/- towards loss of

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8 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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amenities and enjoyment of life is on the lower side and a sum of Rs.45,000/- is awarded towards loss of amenities. The clamant has been admitted to the hospital for 49 days and therefore, he is entitled to attendant charges, diet, nourishment and conventional charges in a sum of Rs.49,000/-. The claimant is also entitled to loss of income during laid up period for 3 months in a sum of Rs.21,000/(Rs.7,000/-x3). The Tribunal considering the amount spent towards medicine, has rightly awarded a sum Rs.58,787/- towards medical expenses. The Tribunal considering the nature of injury, physical disability and other relevant medical documents has held that the clamant requires follow up treatment and has rightly awarded a sum of Rs.10,000/towards future medical expenses. Considering all these aspect, the claimant is entitled to

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compensation as under:

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NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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Sl.	Heads	Amount in Rs.
No.
1	Loss of future income	1,51,200/-
2	Pain and suffering	45,000/-
3	Loss of amenities	45,000/-
4	Food, Attendant and conveyance charges	49,000/-
5	Loss of income during laid up period	21,000/-
6	Medical expenses	58,787/-
7	Future medical expenses	10,000/-
	TOTAL	3,79,987/-

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Accordingly, the clamant is entitled to compensation of Rs.3,79,987/as against Rs.2,89,487/- awarded by the Tribunal.

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The Tribunal ha awarded interest at 7%

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per annum which is on the higher side. In view of the decisions of the Hon’ble Apex Court and this court, interest is reduced to 6%.

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In view of the above, the following

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ORDER

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Both the appeals are allowed in part. The judgment and award dated 28.04.2017 passed in MVC No.87/2014 by the learned Senior Civil Judge and AMACT, Hangal, is modified. The claimant is entitled to compensation of Rs.3,79,987/with

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10 - NC: 2024:KHC-D:14071 MFA No. 102888 of 2017 C/W MFA No. 103111 of 2017

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interest at 6% per annum from the date of petition till realization.

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The Corporation shall deposit the entire

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compensation amount with interest at 6% per annum within a period of six weeks from the date of receipt of certified copy of this judgment, failing which, it is liable to pay interest at 9% per annum.

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The appellant is entitled to release of the entire compensation amount.

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Amount in deposit is ordered to be transmitted to the Tribunal concerned.

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Draw award accordingly.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv

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CT:ANB

Shri. Veerangouda S/O Virupakshappa Kolur, v. the Divisional Controller

Case brief

What is this about?

What did the court decide?

Shri. Veerangouda S/O Virupakshappa Kolur, v. the Divisional Controller

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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