Karnataka High Court
V Lalitha vs Divisional Controller Ksrtc on 24 January, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC:3152
MFA No. 303 of 2020
C/W MFA No. 932 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 303 OF 2020 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 932 OF 2020 (MV-I)
IN MFA No. 303/2020
BETWEEN:
V. LALITHA,
AGED ABOUT 31 YEARS,
W/O. NARAYANASWAMY,
R/O. TAMATAGERE VILLAGE,
BUDIKOTE HOBLI,
BANGARPET TALUK - 563 114,
KOLAR DISTRICT - 563 101.
...APPELLANT
(BY SRI. HARSHA G, ADVOCATE FOR
Digitally SRI. SACHIN B.S, ADVOCATE)
signed by
KAVYA R AND:
Location:
High Court of 1. DIVISIONAL CONTROLLER,
Karnataka
KSRTC,
KOLAR DEPOT,
KOLAR DISTRICT - 563 101.
2. B. ANJALI
D/O. BYCHAPPA,
R/O. THUMALAGERE VILLAGE,
MAGONDI POST,
BANGARPET TALUK - 563 114.
KOLAR DISTRICT.
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NC: 2025:KHC:3152
MFA No. 303 of 2020
C/W MFA No. 932 of 2020
...RESPONDENTS
(BY SRI. Y.G. MITHUN KUMAR, ADVOCATE FOR
SRI. A.C. BALARAJ, ADVOCATE FOR R1;
VIDE ORDER DATED 14.12.2023, NOTICE TO R2 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 06.08.2019 PASSED IN MVC
NO.76/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
AND CJM, MACT, KOLAR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
IN MFA NO. 932/2020
BETWEEN:
NARAYANASWAMY
AGED ABOUT 43 YEARS,
S/O. BYCHAPPA,
R/O. TAMATAGERE VILLAGE,
BUDIKOTE HOBLI,
BANGARPET TALUK - 563 114,
KOLAR DISTRICT.
...APPELLANT
(BY SRI. HARSHA G, ADVOCATE FOR
SRI. SACHIN B.S, ADVOCATE)
AND:
1. DIVISIONAL CONTROLLER,
KSRTC, KOLAR DEPOT,
KOLAR DISTRICT - 563 101.
2. B. ANJALI
D/O. BYCHAPPA,
R/O. THUMALAGERE VILLAGE,
MAGONDI POST,
BANGARPET TALUK - 563 114.
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NC: 2025:KHC:3152
MFA No. 303 of 2020
C/W MFA No. 932 of 2020
KOLAR DISTRICT.
...RESPONDENTS
(BY SRI. Y.G. MITHUN KUMAR, ADVOCATE FOR
SRI. A.C. BALARAJ, ADVOCATE FOR R1;
VIDE ORDER DATED 06.12.2023, NOTICE TO R2 IS
DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 06.08.2019 PASSED
IN MVC NO.75/2018 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE, CJM, MACT, KOLAR, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
These two appeals are preferred by the claimants challenging the judgment and award dated 06.08.2019 passed by the Principal Senior Civil Judge and MACT, Kolar (for short 'the Tribunal') in MVC No.75/2018 and MVC No.76/2018. These appeals are founded on the premise of inadequate compensation awarded by the tribunal and hence seek enhancement of compensation. -4-
NC: 2025:KHC:3152 MFA No. 303 of 2020 C/W MFA No. 932 of 2020
2. Parties to the appeal shall be referred to as per their status before the tribunal.
3. The short point for consideration in these two appeals is whether the claimants are entitled to enhancement of compensation and if so what amount ?.
4. This Court need not go into the details of the merits of the matter as occurrence of accident and the involvement of the vehicle, injuries sustained by the claimants in the road traffic accident on 05.09.2017 between the two wheeler in which the claimants were traveling and a KSRTC bus are proved and established by production of police records and medical records.
5. Doctor has not been examined and there is no disability defined. Therefore, the compensation is awarded under other heads. It is the grievance of the claimant that instead of taking the notional income at Rs.11,000/- notional income is taken as Rs.7,000/- and Rs.7,500/- respectively in MVC No.75/2018 and MVC No.76/2018. This aspect of the matter requires interference and -5- NC: 2025:KHC:3152 MFA No. 303 of 2020 C/W MFA No. 932 of 2020 marginal indulgence in these two appeals. Therefore, the income has to be taken at Rs.11,000/-per month in both the cases for the purpose of calculating the loss of income during laid up period.
6. Towards pain and suffering tribunal has awarded Rs.30,000/- in MVC No.76/2018 which is enhanced to Rs.50,000/-. Similarly, in MVC No.75/2018 pain and suffering is enhanced to Rs.30,000/- instead of Rs.20,000/-.
7. All other compensation awarded under other heads are retained. Therefore, the loss of income during laid up period would be Rs.11,000 x 3 i.e., Rs.33,000/- in both the cases. As against Rs.21,000/- and Rs.22,500/- respectively.
8. It is the contention of learned counsel for the respondent/KSRTC that the judgment and award is correct, does not call for interference and seeks dismissal of the appeal.
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NC: 2025:KHC:3152 MFA No. 303 of 2020 C/W MFA No. 932 of 2020
9. I heard learned counsel for both parties. This Court is of the view that a marginal indulgence is required under two heads namely loss of income during laid up period and towards pain and suffering by taking the income as Rs.11,000/- per month on the basis of notional income fixed by the Legal Services Authority chart.
10. In view of the above discussions, these appeals are partly allowed.
11. Accordingly, I pass the following:-
ORDER
i) The appeals are allowed-in-part;
ii) The judgment and award dated 06.08.2019
passed in MVC No.75/2018 and MVC
No.76/2018 by Principal Senior Civil Judge and MACT, Kolar is modified;
iii) Claimants are entitled to total compensation of Rs.95,000/- in MVC No.76/2018 as against Rs.63,500/- and Rs.67,000/- in MVC No.75/2018 as against Rs.46,500/-. with interest @ 6% p.a. from the date of petition till realization;-7-
NC: 2025:KHC:3152 MFA No. 303 of 2020 C/W MFA No. 932 of 2020
iv) The balance compensation shall be paid within a period of four weeks from the date of receipt of a copy of this judgment;
v) The compensation amount shall be released in favour of the appellants-claimants upon proper verification;
Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR) JUDGE VS List No.: 1 Sl No.: 3 CT: BHK