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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 19TH DAY OF NOVEMBER 2014
BEFORE
THE HON’BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON’BLE MR.JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.275 OF 2011(MV) C/W MISCELLANEOUS FIRST APPEAL NO.1939 OF 2011(MV)
MFA.NO.275/2011: BETWEEN:
The Divisional Controller K.S.R.T.C. Kolar Division, Kolar – 563 101
Represented by its Chief Law Officer, K.S.R.T.C. Central Office, Bangalore – 27. …APPELLANT
(By Sri K.S.Bharath Kumar, Advocate)
AND:
Sri Sounder Rajan @ Sundar Rajan S/o Selvaraj Aged about 48 years Being represented by his wife cum
2 Guardian Smt.S.Radha W/o S.Sunder Rajan @ Sundar Rajan Aged about 40 years Both are residents of No.132, 2nd Cross, Telecom Layout, Vijayanagar, Bangalore – 560 040. …RESPONDENT
(By Smt.Suguna R.Reddy, Advocate)
*****
This MFA is filed under Section 173(1) of MV act against the judgment and award dated 21.7.2010 passed in MVC.No.5622/2008 on the file of the Member, MACT, IV Additional Judge, Court of Small Causes, Bangalore City, awarding a compensation of Rs.35,34,000/- with interest @ 6% P.A. from the date of petition till payment.
MFA.No.1939/2011: BETWEEN:
Sri Sounder Rajan @ Sundar Rajan S/o Selvaraj Aged about 48 years Being represented by his wife cum Guardian Smt.S.Radha W/o S.Sunder Rajan @ Sundar Rajan Aged about 40 years Both are residents of No.132, 2nd Cross, Telecom Layout, Vijayanagar, Bangalore – 560 040. …APPELLANT
(By Smt.Suguna R.Reddy, Advocate)
3 AND:
The Divisional Controller Karnataka Road Transport Corporation (K.S.R.T.C) Kolar Division, Kolar – 563 101. …RESPONDENT
(By Sri K.S.Bharth Kumar, Advocate)
*****
This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 21.7.2010 passed in MVC.No.5622/2008 on the file of Member, MACT, IV Additional Judge, Court of Small Causes, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.
These MFAs coming on for hearing this day, Ravi Malimath J., delivered the following:-
JUDGMENT
The case of the claimant is that on 10-3-2008 at about 2.15 pm. when the injured was proceeding on a two wheeler bearing No.KA 02-EY-2841 on the Bangalore Mysore Road the driver of the KSRTC bus bearing No.KA- 07-F-983 came in a high speed and dashed against him. He sustained severe head injuries. He was shifted to BGS Apollo hospital, Uttarahalli, Bangalore and treated for a
4 period of 30 days. On account of the injuries he cannot attend to any of his personal deeds and he is unable to move freely. He was aged 47 years on the date of the accident and earning a sum of Rs.40,000/- p.m. On a claim petition being filed under Section 166 of the Motor Vehicles Act, the tribunal granted compensation of Rs.35,34,000/- along with interest at 6% per annum. It held the claimant negligent to an extent of 25% in causing the accident. Questioning the excessive grant of compensation and the low extent of negligence attributed to the claimant the KSRTC have filed MFA No.275/2011. The claimant has filed MFA No.1939/2011 seeking enhancement of compensation and modifying the negligence.
The contention of the insurer is that the quantum awarded by the tribunal is far too excessive. The tribunal committed error in holding Rs.2,74,000/- p.a. as the notional income. He pleads that the quantum be
5 reduced. So far as negligence is concerned, the tribunal held that since the claimant had contributed to the accident the negligence caused by him should be held higher. Additionally since he was not wearing a helmet, he has contributed to the accident.
We have considered the reasonings of the tribunal. The tribunal has assessed the negligence of the claimant to an extent of 25%. The same is appropriate. We do not find any error committed by the tribunal. Even on examining the sketch of the scene of the accident it would show that the claimant was partly responsible for the accident. Hence, 25% negligence attributed on him is appropriate.
The salary certificate of the claimant would show the salary for the month of February, 2008 namely, one month prior to the accident. He was drawing a gross salary of Rs.40,000/- per month. The same was
6 considered by the tribunal. However, no amount has been awarded towards future prospects. Since he was in a steady job, it would be just and appropriate that 30% be awarded towards future prospects. Hence, notional income per month has to be considered as Rs.40,000/- + Rs.12,000 (30%)= Rs.52,000/- x 12 =Rs.6,24,000/- per annum. 20% requires to deducted towards Income Tax, at Rs.1,24,800/- Since he was aged 47 years on the date of the accident, the appropriate multiplier would be 13. Hence the loss of income works out as follows:- Rs.6,24,000/-(less)Rs.1,24,800/-x13=Rs.64,89,600/- rounded off to Rs.65,00,000/-. Since the order of the tribunal on negligence is affirmed, the loss of future earnings would be 75% of Rs.65,00,000/-=Rs.48,75,000/-. In addition a sum of Rs.2,00,000/- is awarded towards pain and suffering. Considering the future medical expenses an additional amount of Rs.50,000/- is awarded. Towards attendant charges, an additional amount of Rs.1,00,000/- is
7 awarded. The amount towards loss of amenities is appropriate and undisturbed. Hence, the claimant would be entitled to a total compensation of Rs.61,75,000/- with interest at 6% per annum from the date of the petition till the date of payment. The compensation now awarded is as follows:- 1 Towards Loss of future earnings Rs. 48,75,000/- 2 Towards pain and suffering Rs. 2,00,000/- 3 Towards loss of amenities Rs. 1,00,000/- 4 Towards medical expenses Rs. 7,00,000/- 5 Future medical expenses Rs. 1,00,000/- 6 Towards attendant charges Rs. 2,00,000/-
Total Rs. 61,75,000/-
Hence, the claimant would be entitled to a total compensation of Rs.61,75,000/- with interest at 6% per annum from the date of the petition till the date of payment which shall be within 8 weeks from the date of receipt of a copy of this order.
8 Consequently, MFA 275/2011 is dismissed. MFA 1939/2011 is allowed in the aforesaid terms.
The amount in-deposit be transmitted to the tribunal for necessary orders.
Of the enhanced compensation awarded, 60% together with interest shall be kept in Fixed Deposit for a period of 5 years. The rest of the amount shall be released in favour of the claimant.
Amount in-deposit is ordered to be transmitted to the tribunal for necessary orders.
Sd/-
JUDGE
Sd/- JUDGE
Rsk/-