MEGHA MOHAN v. THE MANAGER, KSRTC, CHIKMANGALORE DIVISION

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC.No.786/2018 dated 30.12.2019 by the Senior Civil Judge and Motor Accident Claims Tribunal, Hassan, whereby the Tribunal had granted an amount of Rs.2,25,834/- as compensation, the claimant is before this Court seeking enhancement of the compensation.

#2. The claim petition is filed under Section 166 of the Motor Vehicles Act seeking compensation of an amount of Rs.10,00,000/- for the injuries sustained in the accident.

#3. It is the case of the claimant on 18.04.2018 at about

12.40 p.m. when the claimant was going to Hassan by motor cycle, a KSRTC bus came from the opposite direction in a rash and negligent manner and dashed the motor cycle of the claimant. Due to the said accident, claimant had sustained injuries. Immediately, he was hospitalised and he was treated for two months.

#4. The Tribunal had granted the compensation as per the table given below: - 3 - NC: 2025:KHC:36264 MFA No. 2813 of 2021 HC-KAR Heads Pain and Sufferings Medical Expenses Attendant, food, nourishment and Conveyance charges Loss of income during the laid up period Loss of income due to disability Compensation Awarded Rs. Rs. 45,000/- 914/- Rs. 25,000/- Rs. 18,000/- Rs. 1,06,920/-

#6. Loss of amenities Rs. 30,000/- TOTAL Rs. 2,25,834/-

#5. Learned counsel appearing for the claimant submits that the Tribunal ought to have taken the income as an amount of Rs.12,500/- as this accident had occurred in the year 2018. It is submitted that when he had sustained the injuries, under the head of pain and sufferings the Tribunal had not granted a reasonable compensation. Coming to the loss of income during the laid up period, the Tribunal had taken only two months. It is submitted that the doctor in his evidence had stated that claimant had sustained 28.6% disability to the limb but the Tribunal had taken only 9%. Considering the functional disability, the Tribunal ought not to have taken such less - 4 - NC: 2025:KHC:36264 MFA No. 2813 of 2021 HC-KAR percentage. As there are implants it requires future operation and no amount is granted by the Tribunal. Coming to the loss of amenities also, the amount granted by the Tribunal is not a reasonable amount.

#6. Learned counsel appearing for the respondent/KSTRC submits that the Tribunal on all counts had granted a just and reasonable compensation and no interference in called for.

#7. Having heard learned counsels on either side, perused the materials on record. The claimant had sustained three fractures, considering the same, this Court is granting an amount of Rs.60,000/- under the head of pain and suffering. The Tribunal had rightly granted enough amounts towards food, transport and nourishment charges. This Court do not find any reason to interfere. Coming to the loss of earning during the laid up period, considering the three fractures and also this accident had occurred in the year 2018, taking the income at an amount of Rs.12,500/- this Court is granting an amount of Rs.50,000/-(Rs.12,500x4). Towards loss of future income, 28.6% is the disability to the limb and taking 9% as disability to the whole body, this Court is granting - 5 - NC: 2025:KHC:36264 MFA No. 2813 of 2021 HC-KAR an amount of Rs.1,65,000/- (Rs.12,500x12x11x10/100). There is no dispute about the fact that there are implants. Towards future operation an amount of Rs.20,000/- is granted.

#8. In the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards Legal Expenses.

#9. The claimant is therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Tribunal Compensation Awarded by this Court

#1. Pain and Sufferings

#2. Medical Expenses Rs. Rs. 45,000/- 60,000/- 914/- 00

#5. Attendant, food, nourishment and Conveyance charges Loss of income during the laid up period Loss of future income due to disability Rs. 25,000/- 25,000/- Rs. 18,000/- 50,000/- Rs. 1,06,920/- 1,65,000/-

#6. Loss of amenities Rs. 30,000/- 30,000/- 1 (2014) 11 SCC 178 - 6 - NC: 2025:KHC:36264 MFA No. 2813 of 2021 HC-KAR

#7. Future operation expenses

#8. Legal Expenses Rs. Rs. 00 20,000/- 00/- 10,000/- TOTAL Rs. 2,25,834/- 3,60,000/- Enhancement Rs. 1,34,166/-

#10. Accordingly, the appeal filed by the claimant is partly allowed, enhancing the compensation amount from an amount of Rs.2,25,834/- to Rs.3,60,000/-. i) The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii) The respondent shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv) No costs. - 7 - NC: 2025:KHC:36264 MFA No. 2813 of 2021 HC-KAR v) Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 26