Sri Sourabh K Vs the Divisional Manager

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.07.2017 PASSED IN MVC NO.612/2016 ON THE FILE OF VI ADDITIONAL DISTRICT & SESSIONS JUDGE & MACT, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA NO. 8017/2017:

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BETWEEN:

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DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, (KSRTC), DEPORT OFFICE, BEJAI, MANGALORE 575 001, NOW BY THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICES, K H ROAD, BENGALURU-560 027, REPRESENTED BY IT’S 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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SOURABH K, S/O VISHWANATH K, AGED ABOUT 25 YEARS, R/A VAISHNAVI HOUSE, DEREBAIL KONCHADI, MALEMAR ROAD, MANGALORE-575 006.

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MANJUNATH, AGE: MAJOR, BADGE NO.11805, DRIVER, C/O KSRTC BUS DEPOT, BEJAI, MANGALORE-575 001.

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HC-KAR

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...RESPONDENTS

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(BY MS. RAJESHWARI N.P., FOR

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SRI. VIJAYA KRISHNA BHAT M., ADVOCATE FOR R1, V/O DTD:05.01.2018 NOTICE TO R2 IS D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.07.2017 PASSED IN MVC NO.612/2016 ON THE FILE OF THE 6TH ADDITIONAL DISTRICT & SESSIONS JUDGE & MACT, D.K., MANGALURU, AWARDING COMPENSATION OF RS.1,76,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

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THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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MFA No.1469/2018 is filed by the appellant/claimant

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under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 26.07.2017 passed in MVC No.612/2016 on the file of VI Additional District and Sessions Judge and MACT., D.K., Mangaluru, for enhancing the compensation.

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MFA No.8017/2017 is filed by the

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appellant/K.S.R.T.C., under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award

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HC-KAR

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dated 26.07.2017 passed in MVC No.612/2016 on the file of VI Additional District and Sessions Judge and MACT.,

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D.K., Mangaluru, for reduction of the amount.

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Heard the arguments of both sides.

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Injured claimant met with an accident on

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03.01.2014 and filed claim application claiming compensation of Rs.10,00,000/-. The tribunal considering the evidence on record granted

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Rs.1,76,500/- with interest at the rate of 6% p.a., from the date of petition till the date of realization.

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Aggrieved by the said order, claimant filed appeal for enhancement and stated that he was working as Senior HR Manager in Recruise Company and earning Rs.21,470/- per month but the tribunal considered his income only as Rs.10,000/-. He was inpatient from 03.01.2014 to 11.01.2014. He sustained fractures which

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are grievous in nature. Meager amounts were granted for

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HC-KAR

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loss of amenities and medical expenses. The disability was assessed as 5% instead of 15% and thus requested for enhancement.

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Whereas, insurance company contended that as on the date of accident, he was unemployed and was appointed on 12.05.2014. As such, he is not entitled for loss of future income. As per Ex.P20, he joined as HR Manager in Recruise company on 20.5.2014. Further, no injury certificate, no wound certificate and discharge summary are filed by the petitioner and the disability was assessed by PW2 and 5% disability will not affect his future earning capacity. The negligence of injured is not considered. Therefore, the amount awarded by the tribunal is excessive. There is no dispute regarding the accident. As per evidence of PW2 and Ex.P19, petitioner sustained injuries on right clavicle fracture, left fibular head fracture, left posterior cruciate ligament, chandi

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HC-KAR

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plasti done on 04.01.2014. Further, left above knee

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plaster cast was applied. He was inpatient from 03.1.2014 to 11.01.2014. PW2/Doctor assessed the disability as 5% of upper limb and 10% of the lower limb. The tribunal has taken the disability of 5% to the whole body of the petitioner and his income was taken as Rs.10,000/- per month.

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Petitioner sustained 2 fractures which are grievous in nature and another one is simple injury, therefore considering the nature of injuries, this court finds it reasonable to grant an amount of Rs.32,000/- for injuries. He was hospitalized for 8 days and continued his treatment for 5 days. Therefore, considering the nature of injuries, period of

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hospitalization, this court finds it reasonable to grant an amount of Rs.25,000/- for loss of amenities and Rs.25,000/- granted towards pain and suffering holds

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HC-KAR

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good. Further, an amount of Rs.30,000/- enhanced towards food, transportation, attendant charges and extra nourishment. Though he met with an accident on 03.01.2014 he joined the job on 12.05.2014, after 4 months as he met with an accident in the year 2014, he is entitled for an amount offered Rs.8,500/- per month as per guidelines of Karnataka State Legal Services Authority. As he sustained 2 grievous fractures, he might not have done any other work atleast for a period of 3 months. Therefore this court finds it reasonable to take loss of income as below for laid up period is (Rs.8,500/- X 3) = Rs.25,500/-.

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Regarding, medical expenses claimant has filed bills to an extent of Rs.5,500/- and the same holds good.

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HC-KAR

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9. Thus in all, components awarded by this court

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are as below,

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Particulars	Amount in Rs.
Towards injuries	32,000
Pain and suffering	25,000
Loss of amenities	25,000
Transportation,	30,000
attendant charges and extra nourishment
Loss of earning	25,500
Medical expenses	5,500
Total	1,43,000

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Hence, the appellant-claimant is entitled for a total

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compensation of Rs.1,43,000/- along with interest at

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the rate of 6% p.a., and it is reduced from Rs.1,76,500/-

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granted by the tribunal.

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HC-KAR

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In the result, the following order is passed:

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ORDER

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i. MFA No.8017/2017 filed by the appellant/K.S.R.TC. against the judgment and award dated 26.07.2017 passed in MVC No.612/2016 on the file of VI Additional District and Sessions Judge and MACT., D.K., Mangaluru, is allowed and

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modified .

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ii. MFA No.1469/2018 filed by the appellant/claimant is hereby rejected .

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iii. The claimant is entitled to a sum of Rs.1,43,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of 1,76,500/granted by the tribunal.

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