Managing Director Vs Lavanya S

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19-12-2018, PASSED IN MVC NO.849 OF 2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AND MACT, HUNSUR, AWARDING COMPENSATION OF RS.2,95,080/- WITH THE INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION.

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IN MFA.CROB NO.66/2023

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BETWEEN:

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LAVANYA S.

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D/O. SRINIVASA AGED ABOUT 30 YEARS RESIDENT OF NO.29 HATHIMARADA BEEDI

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NC: 2025:KHC:33593-DB MFA No. 4625 of 2019 C/W MFA.CROB No. 66 of 2023

HC-KAR

HUNSUR CITY-571 105.

...CROSS OBJECTOR

(BY SRI PRAKASHA H.C., ADVOCATE)

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AND:

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SANTHOSHA M. @ SANTHOSHKUMAR AGED ABOUT 41 YEARS DRIVER CUM CONDUCTOR BADGE NO.202/3703 KANAKAPURA DEPOT RAMANAGARA DIVISION-562 117.

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MANAGING DIRECTOR

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KSRTC KEMPEGOWDA ROAD BENGALURU-560 001 REPRESENTED BY ITS DEPOT MANAGER HUNSUR DEPOT KSRTC, HUNSUR-571 105.

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...RESPONDENTS

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(BY SRI F.S. DABALI, ADVOCATE FOR R-2; VIDE ORDER DATED 24-10-2024, NOTICE TO R-1 DISPENSED WITH)

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THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19-12-2018 PASSED IN MVC.NO.849 OF 2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MACT, HUNSUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2025:KHC:33593-DB MFA No. 4625 of 2019 C/W MFA.CROB No. 66 of 2023

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HC-KAR

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THIS MFA AND MFA CROB ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Miscellaneous First Appeal No.4625/2019 is filed by the appellant - Corporation challenging the judgment and award passed by the Principal Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, Hunsur, in MVC.No.849/2016 dated 19.12.2018 on the ground of exorbitant compensation awarded by the Tribunal, whereas, MFA.Crob.No.66/2023 is filed by the cross objector-claimant being aggrieved by the compensation awarded by the Tribunal.

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For the sake of convenience, the parties herein

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shall be referred to in terms of their status before the Tribunal.

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HC-KAR

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The brief facts of the case are that on

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05.11.2015 at about 7.30 p.m. the claimant was returning to her home after finishing her work at Gross Rooghts Company, Mysuru, in KSRTC Bus bearing No.KA-42/F-

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The claimant was sitting in a 3^rd seat from the backside. At that time, the driver of the KSRTC Bus drove the same in a rash and negligent manner and crossed the humps situated at Emmekoppalu on B.M.Road, due to which the claimant fell down from the seat and sustained grievous injuries.

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Heard Sri F.S. Dabali, learned counsel for the

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Corporation, Sri. Prakasha H.C., learned counsel for the claimant, and perused the judgment and award of the Tribunal.

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Sri F.S. Dabali, learned counsel for the Corporation in MFA.No.4625 of 2019 and respondent No.2 in MFA.Crob. No.66 of 2023, has contended that the compensation awarded by the Tribunal is high and

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HC-KAR

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exorbitant. The Tribunal awarded the compensation of Rs.1,35,000/- under the head loss of future income, in the absence of any medical evidence and disability certificate. The Tribunal awarded the compensation of Rs.1,00,000/towards pain and suffering, in fact the claimant sustained only one grievous injury, therefore, she is entitled to Rs.40,000/- only. Hence, he prayed to allow his appeal.

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Per contra , Sri. Prakasha H.C., learned counsel for the respondent No.1 - claimant in MFA. No.4625 of 2019 and learned counsel for cross objector in MFA.Crob.No.66 of 2023 vehemently contended that, the Tribunal awarded inadequate compensation. Further, the Tribunal has not considered marriage prospectus, loss of amenities, food, nourishment and transportation charges. Consequently, he prayed to allow his cross-objection.

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7. We have perused the judgment and award and

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submissions made by the learned counsel for both parties.

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HC-KAR

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The only point that arises for our consideration in this appeal is:

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Whether the Corporation has made out sufficient grounds that the Tribunal has granted high and exorbitant compensation to the claimant? whether, it has to be reduced?

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To prove the claim, claimant has examined herself as PW.1 and relied upon Exs.P1 to P9. The oral evidence of PW.1 clearly demonstrates that she sustained fracture of lower end of humerus.

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Ex.P3 - Wound Certificate clearly demonstrates

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that the claimant sustained fracture of lower end of humerus. Thus, considering the Ex.P3 - Wound Certificate, the Tribunal awarded compensation of Rs.1,00,000/- under the head 'pain and suffering', which is high and exorbitant. Hence, same has to be reduced to Rs.50,000/- , which is just and reasonable.

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HC-KAR

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The Tribunal has not awarded any

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compensation under the head 'loss of amenities', 'Food, Nourishment, Transportation charges and incidental charges'. Therefore, it is just and proper to award Rs.30,000/- under the head 'loss of amenities' and Rs.20,000/- under the head 'Food, Nourishment and Transportation charges and Incidental charges'.

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The Tribunal, considering medical bills of the claimant awarded the compensation of Rs.60,080/-

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towards 'medical expenses', which is fair and reasonable, does not call for interference.

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The Tribunal awarded compensation of

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Rs.1,35,000/- towards 'loss of future income', which is not permissible, as the claimant has not examined the doctor to prove his disability caused due to the accident.

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The Tribunal has not granted any compensation towards 'loss of income during laid up period'. The accident is of the year '2015'. The Tribunal considered the

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HC-KAR

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notional income of claimant at Rs.7,500/- p.m. Taking note of the Circular issued by the 'Karnataka Legal Services Authority' and the 'High Court Legal Services Committee, Bengaluru', notional income is assessed at Rs.9,000/p.m. Hence, we awarded a sum of Rs.27,000/- (9000 x 3) under the head 'loss of income during laid up period'.

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Thus, the claimant is entitled for total

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compensation as under:

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	HEADS	Rs.
1	Medical expenses	60,080.00
2	Pain and suffering	50,000.00
3	Loss of amenities	30,000.00
4	Food, nourishment, transportation charges and incidental charges	20,000.00
5	Loss of income during laid up period (9000 x 3)	27,000.00
	Total	1,87,080.00

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In all, the claimant is entitled for total compensation of Rs.1,87,080/- as against Rs.2,95,080/as awarded by the Tribunal. Therefore, the claimant is entitled for reduced compensation of Rs.1,08,000/-.

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NC: 2025:KHC:33593-DB MFA No. 4625 of 2019 C/W MFA.CROB No. 66 of 2023

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HC-KAR

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In the result, we pass the following:

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O R D E R

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i. Miscellaneous First Appeal No.4625 of 2019 filed by the Corporation is allowed-in-part .

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ii. MFA.Crob.No.66 of 2023 filed by the cross objectorclaimant is dismissed.

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iii. The judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimants are entitled for reduced compensation of Rs. 1,87,080/- as against Rs.2,95,080/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of filing the claim petition till the date of its realisation. The compensation awarded by the Tribunal is reduced by Rs.1,08,000/-.

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iv. The Corporation shall deposit the entire compensation amount together with interest before

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