SRI THIMMANNA v. THE DIVISIONAL MANAGER

Brief facts of the case are as under: On 4.6.2016 at about 2.30 p.m. the claimant alongwith two others were travelling in the KSRTC bus bearing registration No.KA.19.F.2844 Dharmasthala Subramanya and when the said bus reached Boodujalu village, the driver of the bus drove the same in a rash and negligent manner and dashed to another bus bearing registration No.KA.19.F.2619 and caused the accident. As a result, the claimant sustained simple and grievous injuries and took treatment in Dharmasthala Manjunatheshwara hospital, Ujre and other private hospitals and spent Rs.1,00,000/- towards - 3 - NC: 2024:KHC:4122 MFA No. 1509 of 2021 medicine and other incidental charges. It is also pleaded that prior to the accident, the claimant was hale and healthy and doing coolie work earning Rs.15,000/- per month. Hence, the claimant filed a claim petition seeking compensation.

3.1 On service of notice, the respondent/KSRTC appeared through counsel and filed the written statement denying the averments made in the claim petition in toto except the ownership and sought for dismissal of the claim petition.

3.2 On the basis of the pleadings, the Tribunal framed relevant issues for consideration.

3.3 In order to substantiate the issues and establish the case, the claimant got examined himself as PW.3, doctor as PW.4 and other two witnesses as PWs. 1 and 2 and got marked documents as per Ex.P1 to Ex.P14. On the other hand, respondent did not lead any evidence and no documents were got marked.

3.4 On the basis of the material evidence, both oral and documentary, the Tribunal awarded global compensation of Rs.25,000/- with interest at 7% per annum and directed the - 4 - NC: 2024:KHC:4122 MFA No. 1509 of 2021 respondent/KSRTC to pay the compensation within a period of one month.

3.5 Being aggrieved by the meager compensation awarded by the Tribunal, the appellant – claimant is before this Court seeking enhancement of compensation.

It is the vehement contention of learned counsel for the appellant – claimant that the Tribunal has committed an error in not awarding just and reasonable compensation and ignored the expert evidence of the doctor/PW.4. The doctor/PW.4 has stated that the claimant sustained one grievous injury i.e, fall of incisor tooth and opined that the said injury is grievous in nature, as a result claimant suffered physical pain. The doctor/PW.4 has also opined that the claimant suffered 12% disability to the whole body. The Tribunal has not awarded compensation towards pain and suffering, loss of amenities and future medical expenses and only global compensation of Rs.25,000/- alongwith interest at 7% per annum is awarded. On these grounds, learned counsel seeks enhancement of compensation. - 5 - NC: 2024:KHC:4122 MFA No. 1509 of 2021

Per contra, learned counsel representing the respondent contends that there is no illegality or perversity in the impugned award and the Tribunal awarded just and reasonable compensation in accordance with the material evidence, both oral and documentary and the same does not call for interference. Hence, he seeks to dismiss the appeal.

Having heard learned counsel for the parties, it is not in dispute with regard to occurrence of the accident and involvement of the two vehicles. To establish the same, the claimant has produced Ex.P1 to Ex.P14, the Police records and the medical records. The Police records clearly disclose registration of the FIR and laying of the charge sheet against the driver of the bus bearing registration No.KA.19.F 2844. Based on the oral and documentary evidence on record, the Tribunal has come to the conclusion that the accident occurred due to the rash and negligent driving of the bus bearing No.KA.19.F.2844 by its driver.

The Tribunal has awarded global compensation of Rs.25,000/- without segregating under what head compensation is awarded. Admittedly, the claimant has - 6 - NC: 2024:KHC:4122 MFA No. 1509 of 2021 suffered fall of incisor tooth due to the occurrence of the accident. There is no dispute with regard to the occurrence of the accident, age, avocation and involvement of the vehicles. However, in the present case there is no proof of income. The disability assessed by the doctor at 12% to the whole body has not been accepted by the Tribunal on the ground that the injury sustained by the claimant has no impact over his avocation. It is the case of the claimant that he took treatment in the hospital for few days and incurred some amount towards medical and diet expenses. He has produced Ex.P11 to Ex.P13 in support of the same.

Having considered the evidence adduced by the doctor and the claimant, it is seen that the Tribunal has not awarded any amount of compensation towards pain and suffering; loss of amenities; medical expenses; and food, nourishment & conveyance. Under the circumstances, there is no dispute with regard to the injuries sustained, this Court deems it appropriate to award Rs.25,000/- towards pain and suffering; Rs.25,000/- towards loss of amenities; Rs.7,500/- towards medical expenses; and Rs.5,000/- towards food, nourishment and conveyance. - 7 - NC: 2024:KHC:4122 MFA No. 1509 of 2021

As per Ex.P5/wound certificate, claimant sustained one grievous injury i.e, fall of incisor tooth. Doctor has opined that the said injury is grievous in nature and due to said injury, claimant suffered physical pain. Taking into consideration fall of incisor tooth, atleast Rs.20,000/- is required to be awarded to meet the expenses. Therefore, I deem it appropriate to award Rs.20,000/- towards future medical expenses.

In view of the above, the appellant – claimant would be entitled to a total compensation of Rs.82,500/- as against global compensation of Rs.25,000/- , as mentioned in the table below: Sl. No. Head of compensation Amount of compensation awarded 1 Pain and suffering Rs.25,000-00 2 Loss of amenities Rs.25,000-00 3 Medical expenses Rs.7,500-00 4 Food, nourishment & conveyance Rs.5,000-00 5 Future medical expenses Rs.20,000-00 Total Rs.82,500-00 - 8 - NC: 2024:KHC:4122 MFA No. 1509 of 2021

Accordingly, I pass the following: