The High Court
Case Details
- 1 - NC: 2025:KHC:17428 MFA No. 7845 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 7845 OF 2017 (MV-I) BETWEEN: IRFAN S/O. MOHAMMAD, R/O. GOLIDADY HOUSE, KAKKINJE POST, CHIBIDRE VILLAGE, PRESENTLY R/AT ZOHARA MANZIL, KATIPALLA, 7TH CROSS, MANGALURU TALUK (BY SRI. GURUPRASAD B.R., ADVOCATE) …APPELLANT AND: KSRTC MANGALURU DIVISION, MANGALURU- 575 001 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI.M.ASHOK KUMAR, ADVOCATE) …RESPONDENT THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.12.2016 PASSED IN MVC NO.918/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE & JMFC, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 2 - NC: 2025:KHC:17428 MFA No. 7845 of 2017 ORAL JUDGMENT Aggrieved by the award passed in MVC.No.918/2014 dated 07.12.2016 by the III Additional Senior Civil Judge & JMFC, Mangaluru, D.K., the appellant/claimant is before this Court. The claim petition was filed seeking compensation of an amount of Rs.10,00,000/-for the injuries sustained by him in the motor vehicle accident. 2. It is the specific case of the claimant that on 23.01.2014 at about 12:30 p.m., when the claimant was proceeding from Belthanagady to Ujire with his friend in the motorcycle, near Kashibettu, Laila Village, at that time a KSRTC bus came in a rash and negligent manner and dashed to the claimant. Due to this, the claimant and the pillion rider of the motorcycle fell down and sustained grievous injuries. Then he was shifted to Benaka Hospital, Belthangady, where he was given first aid and later shifted to Tejasvini Hospital, Mangalore and admitted as inpatient from 23.01.2014 to 15.02.2014. 3. The Trial Court had awarded the compensation as per the table given below: - 3 - NC: 2025:KHC:17428 MFA No. 7845 of 2017 Heads Compensation Awarded 1. Pain and suffering 2. Attendant, food and extra : Rs. : Rs. 50,000/- 11,400/- 3. 4. nourishment Loss of amenities and comfort : Rs. 1,50,000/- Loss of income and medical expenses : Rs. 1,97,298/- TOTAL : Rs. 4,08,698/- 4. Learned counsel appearing for the appellant/claimant submits that as per the wound certificate, the claimant had sustained three grievous injuries and under the head of pain and suffering, the amount that is awarded by the Trial Court is on the lower side. Further, he was admitted in the hospital for 23 days and the Trial Court had granted only an amount of Rs.11,400/-towards attendant, food and extra nourishment. It is submitted that the claimant was studying B.A. final year and he lost one semester. The doctor has stated that the disability is 20% to the right lower limb and 14% to the left lower limb and the Trial Court had not considered the disability and the Trial Court ought to have considered the disability at 12%. It is further submitted that the compensation that is awarded on all the heads is not just and reasonable. - 4 - NC: 2025:KHC:17428 MFA No. 7845 of 2017 5. Learned counsel appearing for the respondent/KSRTC submits that the appellant/claimant is a student and in fact, under all the heads, the Trial Court had already granted reasonable amounts and the claimant is not entitled for any enhancement. 6. Having heard the learned counsels on either side, perused the entire material on record. As per the wound certificate, the claimant had sustained three grievous injuries. Hence, under the head of pain and suffering, this Court is granting an amount of Rs.80,000/-. Coming to the head of attendant, food and extra nourishment, the claimant was admitted in the hospital for 23 days. Hence, this Court is granting an amount of Rs.25,000/-towards attendant, food and extra nourishment. Coming to the loss of future income, considering the fact that the claimant is a student who was pursuing his B.A. and he has also lost one semester, this Court is inclined to take notional income for the year 2014 i.e., Rs.8,500/-.When it comes to the disability, the Trial Court ought to have taken the disability at 1/3rdof what has been stated. This Court is taking 12%as disability and granting an amount of Rs.2,20,320/-(Rs.8,500x12x18x12/100) towards - 5 - NC: 2025:KHC:17428 MFA No. 7845 of 2017 loss of future income. As he lost one semester, this court is granting an amount of Rs.50,000/-towards loss of semester. Considering the disability of 12%, this Court is granting an amount of Rs.30,000/- towards loss of amenities.The Trial Court had granted an amount of Rs.1,97,298/-under the head of loss of income and medical expenses and no interference is called for. 7. 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. 8. The claimant is therefore entitled to the compensation under the following heads: Heads 1. Pain and suffering 2. Attendant, food and extra nourishment 3. Loss of amenities and comfort 4. Loss of income and medical expenses 5. Loss of future income 6. Loss of semester 7. Legal Expenses TOTAL 1(2014) 11 SCC 178 Compensation Awarded by Trial Court Compensation Awarded by this Court : Rs. : Rs. 50,000/- 11,400/- 80,000/- 25,000/- : Rs. 1,50,000/- 30,000/- : Rs. : Rs. 1,97,298/- 1,97,298/- : Rs. : Rs. 00/- 4,08,698/- 00/- 00/- 2,20,320/- 50,000/- 10,000/- 6,12,618/- - 6 - NC: 2025:KHC:17428 MFA No. 7845 of 2017 9. Altogether the claimant is entitled for compensation of an amount of Rs.6,12,618/-. 10. Accordingly, the appeal filed by the claimant is partly allowed by enhancing the compensation from an amount of Rs.4,08,698/-toRs.6,12,618/-. i. ii. iii. iv. v. The enhanced amount shall carry interest @ 6% per annum from the date of petition, till the date of realization. The respondent – KSRTC shall deposit the compensation amount with accrued interest before the Trial Court within a period of eight weeks. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. The apportionment of the amount shall be as per the order passed by the Trial Court. No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 37