Claimant-driver appealed against MACT award of Rs.5,02,400 for grievous leg injuries. Court adopted notional income of Rs.14,000 per month with multiplier 7 and 30% whole-body disability, and enhanced amounts under pain and suffering and other heads.
Compensation enhanced by Rs.1,00,400 with 6% interest; respondent directed to deposit within eight weeks.
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 AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8228 OF 2023(MV-I)
BETWEEN:
SRI. VENKATESH T. M., S/O. LATE MUDLAPPA, AGED ABOUT 59 YEARS, R/O. CHELURU AT POST, VINAYAKANAGARA, CHELURU, HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 117. NOW RESIDING AT: C/O. SHANTHAMMA, W/O. T. M. JAYAMMA, SRI. VEERABHADRESHWARA NILAYA, 4TH CROSS, VINAYAKANAGARA TUMAKURU TOWN - 572102
…APPELLANT
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
(BY SRI. SHREYAS N., ADVOCATE FOR SRI. HARISH N.R., ADVOCATE)
AND:
THE MANAGER N.E.K.S.R.T.C., SINDANURU DEPOT, RAICHURU DISTRICT. SERVICE ADDRESS: THE MANAGER, K.S.R.T.C., TUMAKURU DEPOT, TUMAKURU - 572 106. ( N.E.K.S.R.T.C. BUS BEARING REG NO KA - 36-F-1488)
…RESPONDENT
(BY SRI. D. VIJAYAKUMAR, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.12.2021 PASSED IN MVC NO.97/2020 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Heard Sri. Shreyas N., learned counsel who represents Sri.Harish N.R., learned counsel on record for appellant as well as Sri.D. Vijaya Kumar, learned counsel for respondent.
also. However, without considering his occupation, the tribunal took the notional income as Rs.12,000/- per month and awarded a meager sum under the head loss of future earnings, which is unjustifiable. Learned counsel further submits that the accident occurred in the year 2019 and for the relevant period even Karnataka State Legal Services Authority is taking the notional income as Rs.14,000/- per month for settling the claims and at least the said figure should have been adopted by the tribunal. Learned counsel also submits that the amount awarded as compensation under all other heads is also grossly low. learned counsel thereby seeks to award the sum claimed.
sum of Rs.5,02,400/- as compensation divided under following heads.
| Sl. No |
Heads of compensation | Amount in Rs. |
|---|---|---|
| 1 | Medical expenses | 1,30,000-00 |
| 2 | Loss of earnings during treatment period |
20,000-00 |
| 3 | Loss of future earning due to permanent disability |
3,02,400-00 |
| 4 | Pain and suffering | 10,000-00 |
| 5 | Loss of amenities | 20,000-00 |
| 6 | Attendant charges, conveyance, food and nourishment charges |
10,000-00 |
| 7 | Future medical expenses | 10,000-00 |
| Total | 5,02,400-00 |
effect that the disability in respect of whole body is 30%. Admittedly, the appellant sustained fracture of tibia and fibula right, which is grievous in nature. Admittedly, PW.2 gave evidence to the effect that disability in respect of whole body is 30%. No convincing points were elicited during the course of cross-examination of PW.2 to hold that the disability stated by him is in respect of particular limb and not in respect of whole body. Therefore, this Court is of the view that the Tribunal did not err in taking the disability as 30% basing on the evidence
of PW.2. Also the request made by the learned counsel for the appellant to take the notional income as Rs.14,000/- per month is justifiable. Thus, taking the notional income of the appellant
as Rs.14,000/- per month by the date of accident, applying appropriate multiplier '7', as the appellant was aged 64 years by the date of accident and the disability being 30% in respect of whole body, the compensation which the appellant is entitled to under the head loss of future earnings due to permanent
physical disability is as under:
| Description | Amount Rs. |
|---|---|
| Notional monthlyincome | 14,000-00 |
| Annual income(14,000x12) | 1,68,000-00 |
| Applying the appropriate multiplier'7'(1,68,000x7) |
11,76,000-00 |
| Loss of future earnings, permanent physical disability being 30% |
3,52,800-00 |
sum of Rs.3,02,400/- under the head loss of future earnings. However, in the light of the foregoing discussion, the justifiable sum which the appellant is entitled to under the head loss of future earnings is Rs.3,52,800/-. Thus, the enhancement will be Rs.50,400/-.
NC: 2024:KHC:39310 MFA No. 8228 of 2023
entitled to in excess of the amount that is awarded as compensation by the Tribunal is Rs.1,00,400/-.
ORDER
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
AP, CT:TSM, List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the compensation awarded for permanent disability and related heads was inadequate and required enhancement?
1 provisions across 1 enactments
Sri. Venkatesh T. M.
The Manager N.E.K.S.R.T.C., Sindanuru Depot, Raichuru District
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
