The Managing Director Vs Shivanna

SHIVANNA S/O VADAREGOWDA, AGED ABOUT 36 YEARS, R/O HOSA MALANGI, KASABA HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT. C/O SIDDARAMA S/O LATE MADAIAH, SIDDARAMANAHUNDI, MYSORE TALUK, MYSORE-570001.

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…RESPONDENT

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(BY SRI M. NAGESH, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2016 PASSED IN MVC NO.928/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, SENIOR CIVIL JUDGE, MACT MYSURU,

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2 -

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HC-KAR

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AWARDING A COMPENSATION OF `7,17,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL ITS REALIZATION.

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IN MFA NO.642/2017

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BETWEEN:

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SRI SHIVANNA S/O. VADAREGOWDA, AGED ABOUT 37 YEARS, R/O HOSA MALANGI, KASABA HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT, C/O SIDDARAMA S/O LATE MADAIAH, SIDDARAMANAHUNDI, MYSORE TALUK, MYSORE-571001.

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...APPELLANT

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(BY SRI NAGESH M., ADVOCATE)

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AND:

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MANAGING DIRECTOR, KSRTC K.H. ROAD, SHANTHI NAGAR, BANGALORE-560001 (OWNER OF THE VEHICLE BUS BEARING REG.NO.KA-09-F-3407)

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...RESPONDENT

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(BY SRI ASHOK N. NAYAK, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2016 PASSED IN MVC NO.928/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS COMING ON FOR FURTHER SUBMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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HC-KAR

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ORAL JUDGMENT

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Both the appeals are filed under Section 173 (1) of the Motor Vehicles Act, 1988¹ calling in question the judgment and award dated 20.02.2016 passed in MVC No.928/2014 by the Motor Accidents Claims Tribunal at Mysuru (Additional Small Causes and Senior Civil Judge, Mysuru)² .

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The parties herein are referred to as per their rank before the Tribunal for the sake of convenience.

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The relevant facts in a nutshell leading to the present appeals are that the claimants seeking compensation for the injuries sustained in a road traffic accident which occurred on 16.06.2014 filed a claim petition contending, inter alia, that when he was standing in front of the bus stand, a bus owned by the Karnataka State Road Transport Corporation³ being driven by its driver in a rash and negligent manner came and hit him,

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1 Hereinafter referred to as ‘MV Act’

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2 Hereinafter referred to as ‘Tribunal’

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3 Hereinafter referred to as ‘KSRTC’

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HC-KAR

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thereby causing the accident in question. The KSRTC was arrayed as a respondent in the claim proceedings and contested the same. The Tribunal by its judgment and award dated 20.02.2016 assessed a total compensation of 7,27,000/-. After deducting a sum of 10,000/- which was paid by the KSRTC to the claimant, awarded a total compensation of `7,17,000/- together with interest at 6% p.a. Being aggrieved, the KSRTC has preferred MFA No.6515/2016 and the claimant has preferred MFA No.642/2017.

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Heard the submissions of learned counsel Sri M. Nagesh for the claimant and learned counsel Sri Ashok N. Nayak for KSRTC. Perused the records of the Tribunal.

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The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only question that is required to be adjudicated in the present appeals is with regard to the adequacy of the quantum of compensation.

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HC-KAR

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It is noticed that the claimant was aged 38 years as on the date of the accident i.e., as on 16.6.2014. Hence, the appropriate multiplier of ‘15’ assessed by the Tribunal is just and proper.

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The claimant was stated to be a mason, earning 500/- per day. However, no documents have been produced to demonstrate his income. The Tribunal has assessed the notional income of the claimant as 6,000/per month. However, having regard to the date of the accident, it is just and proper that the notional income be reassessed as `8,500/- per month.

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It is evident from the wound certificate (Ex.P.7), discharge card (Ex.P.8), the testimony of the doctor (PW.2) and other medical evidence on record that the claimant has sustained fracture of right squamous temporal, occipital and right parietal bones with acute EDH in the right temporo parietal region, longitudinal fracture of the right petrous bone with hemotympanum as well as

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HC-KAR

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fracture of the right clavicle. The claimant was treated as

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an inpatient for a total period of 4 days. The doctor has deposed regarding the treatment taken by the claimant as well as the disability. The Tribunal has assessed the functional disability at 35%, which is just and proper.

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In view of the aforementioned, the

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compensation is re-assessed as follows:

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i. Having regard to the nature of injuries sustained, the compensation towards pain and suffering is reassessed as 50,000/- as against 40,000/- awarded by the Tribunal;

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ii. Having regard to the nature of injuries sustained and the period of treatment, the compensation towards food, nutrition and attendant charges is reassessed as 15,000/- as against 10,000/- awarded by the Tribunal;

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iii. The Tribunal has assessed the laid-up period as 5 months. Accordingly, the loss of income during laid-up

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HC-KAR

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period is reassessed as 42,500/- (8,500/- x 5) as against `30,000/- awarded by the Tribunal;

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iv. Having regard to the nature of injuries sustained and the resultant disability, the loss of amenities is reassessed as 25,000/- as against 10,000/- awarded by the Tribunal;

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v. The medical expenses awarded by the Tribunal is as per the actual expenses incurred and accordingly, the compensation of `60,000/- awarded towards the same is just and proper;

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vi. The compensation towards loss of future earning capacity is reassessed as 5,35,500/- (8,500 x 12 x 15 x 35%) as against `5,67,000/- awarded by the Tribunal.

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It is pertinent to note here that the Tribunal has added 50% towards future prospects, which is erroneous and is hereby set aside.

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HC-KAR

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The Tribunal has awarded `10,000/- towards

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loss of expectation of life, which is erroneous and is accordingly set aside.

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In view of the same, the compensation is

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reassessed as follows:

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Sl. No.	Heads	Amount awarded by the Tribunal (`)	Amount awarded by this Court (`)
1.	Loss of future income	5,67,000.00	5,35,500.00
2.	Pain, shock and sufferings	40,000.00	50,000.00
3.	Loss of amenities of life, happiness and frustration	10,000.00	25,000.00
4.	Conveyance, attendant charges, food and nourishment	10,000.00	15,000.00
5	Loss of income during laid up period	30,000.00	42,500.00
6	Medical expenses	60,000.00	60,000.00
7	Loss of expectation of life	10,000.00	------
	Total Less amount already paid	7,27,000.00 10,000.00 7,17,000.00	7,28,000.00

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It is forthcoming from the aforementioned that the compensation reassessed by this Court is marginally higher by ₹1,000/-. Having regard to the totality of the facts and circumstances of the case, the quantum of

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HC-KAR

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compensation awarded by the Tribunal is not interfered with.

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Hence, the following:

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ORDER

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i. Both the appeals are disposed of;

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ii. The judgment and award dated 20.02.2016 passed in MVC No.928/2014 by the Motor Accidents Claims Tribunal at Mysuru (Additional Small Causes and Senior Civil Judge, Mysuru) is affirmed;

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iii. The amount deposited by the appellant in MFA No.6515/2016 together with records shall be transmitted to the Tribunal;

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iv. The appellant (respondent before the Tribunal) in MFA No.6515/2016 shall deposit the balance amount together with accrued interest within a period of six weeks;

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