Partly allowed

Divisional Controller v. Shri. Garuda B M

Karnataka HC5 Jun 2024MFA/6417/2018

Case brief

AI extract

What is this about?

KSRTC and the claimant both appealed a motor accident compensation award. The court upheld the medical expense award of Rs.1,83,773/-, found no evidence of reimbursement, and granted enhancement of Rs.1,83,600/- towards loss of future income based on 10% whole-body disability at notional income of Rs.8,500 per month with 6% interest. KSRTC's appeal dismissed; claimant's appeal partly allowed.

What the court decided

AI extract

Divisional Controller Vs Shri. Garuda B M — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 6417 OF 2018 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 10488 OF 2018 (MV-I)

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IN MFA NO.6417/2018:

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BETWEEN:

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DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALORE DIVISION REP BY DIVISIONAL CONTROLLER HASSAN DIVISION, HASSAN REP BY ITS CHIEF LAW OFFICER KH ROAD, SHANTHINAGAR BANGALORE - 560 027.

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…APPELLANT

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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(BY SRI SUMANGALA A SWAMY, ADV.)

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AND:

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SHRI GARUDA B.M S/O LATE MADHUSUDHAN R/O C/O KIRAN S/O H.S. RANGANNA KRISHNANILAYA NAIDU WORKSHOP ROAD NORTH LAYOUT HASSAN - 573 201.

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THE RELIANCE GENERAL INSURANCE CO, NO.28, 5TH FLOOR

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2 - NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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CENTINARY BUILDING, EAST WING M.G. ROAD, BANGLAORE - 560 001.

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…RESPONDENTS

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(BY SRI CHETHAN B, ADV., FOR R-1; SRI B. PRADEEP, ADV., FOR R-2)

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THIS MFA IS FILED U/S 173(1) OF MV ACT PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 24/04/2018, PASSED IN MVC NO.1589/2015 BY THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, HASSAN, AWARDING COMPENSATION OF RS.3,06,773/- WITH INTEREST AT THE RATE OF 8% PER ANNUM FROM THE DATE PETITION TILL THE DATE OF DEPOSIT.

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IN MFA NO.10488/2018:

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BETWEEN:

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SRI GARUD B.M S/O LATE MADHUSUDAN AGED ABOUT 24 YEARS R/AT 3RD STAGE VIJAYANAGARA LAYOUT MYSORE NAGAR MYSORE DIST - 570 001. PRESENT ADDRESS: C/O KIRAN S/O H.S. RANGANNA KRISHNANILYA, MAGADI WORK SHOP ROAD, NORTH LAYOUT HASSAN - 543 201. …APPELLANT

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(BY SRI CHETHAN S, ADV.)

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AND:

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1 . DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION MANGALURU, REP BY DIVISION CONTROLLER, KSRTC, HASSAN DIVISION HASSAN - 573 201.

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3 - NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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2 . SRI NANDAKUMARA S/O NANJUNDAPPA R/AT NO.53, HOSAHALLI ANEKAL, BANGALORE DIST - 562 106.

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3 . THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED NO.28, 5TH FLOOR CENTENARY BUILDING EAST WING, MG. ROAD BANGALORE - 560 001.

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…RESPONDENTS

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(BY SMT. SUMANGALA A SWAMY, ADV., FOR R-1; V/O DTD:20.03.2024 NOTICE TO R-2 IS DISPENCED WITH; SRI B. PRADEEP, ADV., FOR R-3)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED24.04.2018 PASSED IN MVC NO.1589/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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J U D G M E N T

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These appeals are filed by the KSRTC and the claimant challenging the award dated 24^th April 2018 passed by the II

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4 - NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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Additional Senior Civil Judge & Member, MACT, Hassan in MVC No.1589/2015.

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The appellant in MFA No.10488/2018 filed the claim petition under Section 166 of the Motor Vehicles Act to award just and proper compensation for having sustained injuries in a road traffic accident which was caused by the negligent driving by the driver of the bus belonging to the KSRTC. The Tribunal in all awarded total compensation amount of Rs.3,06,773/-.

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The learned counsel for the KSRTC submits that the medical bills and medical expenses having been reimbursed to the claimant, the compensation awarded by the Tribunal towards medical expenses is not legally sustainable.

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On the other hand, learned counsel for the claimant contends that the medical bills and the medical expenses were not reimbursed and the Tribunal taking into consideration Ex.P50 to 53 and 57 to 61 has rightly awarded compensation towards medical expenses. He further submits that the doctor assessed the disability to the right lower limb at 30% and therefore, claimant is entitled for compensation under the head of 'loss of future income'.

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5 - NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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Considered the submissions made by learned counsel for the parties. The KSRTC has not placed any evidence on record to substantiate that the medical expenses was reimbursed to the claimant, and the Tribunal taking into consideration the medical bills at Ex.P50 to Ex.P53 and 57 to 61 has rightly awarded compensation of Rs.1,83,773/- towards medical expenses.

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The claimant was aged 21 years as on the date of the accident and was pursuing B.Com final year course. The Tribunal has not awarded any compensation towards 'loss of future' income stating that claimant was not employed as on the date of accident. The reason assigned by the Tribunal is arbitrary and without any substance and the claimant is entitled for compensation under the head of 'loss of future income'. Due to the accident, the claimant suffered injuries to the right hip & right femur and the knee movements were restricted and the x-ray indicated that the fracture is mal-united. The doctor who examined the claimant assessed the disability to the right

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lower limb at 30% and therefore taking the permanent disability to the whole body at 10%, the claimant is entitled for compensation under the head of 'loss of future income'. In the

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6 - NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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absence of proof of income, the notional income of the claimant is assessed at Rs.8,500/- per month as per the chart issued by the High Court Legal Services Committee. Therefore, the claimant is entitled to compensation of Rs.1,83,600/- (Rs.8,500 x 12 x 18 x 10%) towards 'loss of future income' in addition to

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the compensation awarded by the Tribunal under other heads.

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The enhanced compensation amount of Rs.1,83,600/(Rupees one lakh eighty-three thousand six hundred only) shall carry interest at the rate of 6% per annum from the date of petition till the actual realization.

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The amount in deposit before this Court to be transferred to the jurisdictional Tribunal.

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The liability fastened by the Tribunal on the KSRTC is confirmed.

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The enhanced compensation amount with interest shall be deposited by the KSRTC within a period of three months from the date of receipt of certified copy of the judgment. The impugned award passed by the Tribunal is modified to the above extent.

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NC: 2024:KHC:19301 MFA No. 6417 of 2018 C/W MFA No. 10488 of 2018

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Accordingly, the claimant's appeal in MFA No.10488/2018

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is allowed in part and the appeal filed by the KSRTC in MFA No.6417/2018 is dismissed .

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Sd/JUDGE

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GSS CT:DN List No.: 1 Sl No.: 25

Divisional Controller v. Shri. Garuda B M

Case brief

What is this about?

What the court decided

Divisional Controller v. Shri. Garuda B M

Case brief

What is this about?

What the court decided

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