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2017 DIGILAW 1007 (KAR)

D. Ramachandra v. Karnataka State Road Transport Corporation

2017-07-05

N.K.SUDHINDRARAO

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JUDGMENT : N.K. SUDHINDRARAO, J. 1. This appeal is preferred against the judgment and award dated 11.07.2013 passed in MVC No. 681/2008 on the file of the Principal Senior Civil Judge and MACT, Mandya, wherein the claim petition was filed seeking compensation by one D. Ramachandra for the injuries sustained by him in the accident. The Tribunal partly allowed the petition and awarded an amount of Rs. 1,87,500/- together with interest at 6% p.a. from the date of petition till the date of payment. 2. For the sake of convenience the parties are referred to as per their original ranking as stood before the Tribunal. 3. Brief facts of the case are that proceedings before the Tribunal came to be initiated by the claimant because of accident that occurred on 4.10.2008 while the petitioner along with one Devaraju were returning to Mandya after attending a function in Indavalu Village. The motorcycle was being driven by Devaraju. At about 12.30 p.m. in front of Inchara Hotel a bus bearing registration No. KA-01/F-8426 was driven in a rash and negligent manner and dashed against the motorcycle from behind, due to the impact the motorcycle was dragged to some distance on the left side, because of the accident the petitioner suffered grievous injuries to his left leg and other parts of the body. The petitioner was aged about 45 years at the time of the accident. The respondent filed the written statement contending that the driver of the bus was careful in driving the bus. 4. Heard the learned counsel for appellant. The respondent though served has remained absent. 5. Basing on the material propositions asserted by one and denied by the other and on considering the relevant materials placed on record, the Tribunal framed the issues covering the accident, negligence, injuries sustained, disability and entitlement for compensation. The petitioner examined himself as PW.1 and marked the documents Exs.P.1 to P18, including the certified copy of the FIR, Mahazar, Final report, wound certificate, etc. 6. In this context and circumstances of the case, the bone of contention that remains for consideration before this Court is whether the petitioner was sufficiently compensated by way of just compensation., The compensation awarded by the Tribunal under different heads is as follows :- 1 Pain and sufferings Rs.25,000/- 2 Towards medical expenses Rs.65,000/- 3 Towards future medical expenses Rs. In this context and circumstances of the case, the bone of contention that remains for consideration before this Court is whether the petitioner was sufficiently compensated by way of just compensation., The compensation awarded by the Tribunal under different heads is as follows :- 1 Pain and sufferings Rs.25,000/- 2 Towards medical expenses Rs.65,000/- 3 Towards future medical expenses Rs. 5,000/- 4 Towards loss of earning during Laid up period Rs.11,900/- 5 Towards future earning capacity Rs.75,600/- 6 Towards conveyance, nourishment and attendant charges Rs. 5,000/- Rs.1,87,500/- 7. Insofar as the loss of earning capacity is concerned the Tribunal has considered the percentage of disability to the whole body at 15%. The learned counsel for the appellant would submit that the doctor, who examined the petitioner has assessed the permanent physical disability at 78% with reference to the limb and 26.1% to the whole body, despite there being deformity in knee joint. It appears the doctor in over enthusiasm has noted the disability and came to the conclusion that the petitioner has suffered permanent physical disability at 78.6%. Regard being had to the fact that the accident occurred and as such calculated the total permanent physical disability at 26.15% to the whole body, by dividing the same by 3. Because the petitioner is not a salary earning person, the Tribunal has taken the notional income taken at Rs. 3,000/- per month. Thus the equation followed by the learned Tribunal towards future earning capacity is Rs. 3,000/- x 12 x 15/100 x 14 =Rs. 75,600/-, which deserves to be confirmed. Insofar as pain and suffering is concerned, the Tribunal has awarded a sum of Rs. 25,000/-, considering the number of injuries suffered by the petitioner, the same requires to be enhanced by Rs. 15,000/-. Towards future medical expenses, it is necessary to note that future medical expenses means expenses incurred for medical attendance and treatment regarding those injuries or ailments, which are consequential to the injuries suffered in the accident, not otherwise. Hence, a sum of Rs. 65,000/- awarded towards medical expenses is enhanced by Rs. 10,000/-. Towards conveyance, nourishment and attendant charges the Tribunal has awarded a sum of Rs. 5,000/-, which deserves to be enhanced by another sum of Rs. 25,000/- as it includes not only the expenses, but also future expenses on the said account. 8. The petitioner is said to be an agriculturist. 65,000/- awarded towards medical expenses is enhanced by Rs. 10,000/-. Towards conveyance, nourishment and attendant charges the Tribunal has awarded a sum of Rs. 5,000/-, which deserves to be enhanced by another sum of Rs. 25,000/- as it includes not only the expenses, but also future expenses on the said account. 8. The petitioner is said to be an agriculturist. Considering the effect of injury, he may be handicapped and will have to get the work done by others, he may require assistance, in that connection an amount of Rs. 10,000/- deserves to be granted towards loss of amenities. 9. Accordingly, the appeal is allowed in part. The judgment and award dated 11.7.2013 passed in MVC No. 681/2008 is modified as follows :- 1 Injuries pain and sufferings Rs.40,000/- 2 Towards medical expenses Rs.75,000/- 3 Towards future medical expenses Rs. 5,000/- 4 Towards loss of earning during Laid up period Rs.11,900/- 5 Towards future earning capacity Rs.75,600/- 6 Towards conveyance, nourishhment and a attendant charges Rs. 30,000/- 7 Towards loss of amenities Rs. 10,000/- Rs.2,47,500/- Less the compensation awarded by the Tribunal Rs.1,87,500/- Total compensation enhanced is Rs. 60,000/- 10. Thus the claimant is entitled for enhanced compensation of a sum of Rs. 60,000/- with 6% interest from the date of petition till the date of deposit.