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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 06TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
M.F.A. NO.100253 OF 2019 (MV-I)
C/W. M.F.A. NO.100254 OF 2019 (MV-I),
M.F.A. NO.100255 OF 2019 (MV-I),
M.F.A. NO.100256 OF 2019 (MV-I),
M.F.A. NO.100257 OF 2019 (MV-I)
& M.F.A. NO.100258 OF 2019 (MV-I)
In MFA No.100253/2019:
BETWEEN:
SRI. MALATESH S/O.SHANTAPPA KALER @ BYADGI,
AGE: 40 YEARS, OCC: GOUNDI WORK,
R/O BYADGI TOWN, TQ: BYADGI,
DIST: HAVERI, PIN: 581106.
… APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1.
THE DIVISIONAL CONTROLLER,
NWKRTC, HAVERI DIVISION,
HAVERI, PIN: 581110.
2.
THE DEPOT MANAGER,
NWKRTC, BYADGI DEPOT,
DIST:HAVERI, PIN: 581106.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED
J
MAMATHA
Digitally signed by J
MAMATHA
Location: Dharwad
Date: 2022.04.11
11:35:30 +0530
- 2 -
MFA No.100253 of 2019
C/W MFA No.100254 of 2019,
MFA No.100255 of 2019,
MFA No.100256 of 2019,
MFA No.100257 of 2019
& MFA No.100258 of 2019
30.08.2018 PASSED IN MVC NO.804/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADGI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
In MFA No.100254/2019:
BETWEEN:
KUM. SUNITA D/O. ULIVEPPA KURUVATTI,
AGE: 20 YEARS, OCC: COOLIE WORK,
R/O MASANAGI VILLAGEM, TQ: BYADGI,
DIST: HAVERI, PIN: 581106.
… APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1.
THE DIVISIONAL CONTROLLER,
NWKRTC, HAVERI DIVISION,
HAVERI, PIN: 581110.
2.
THE DEPOT MANAGER,
NWKRTC, BYADGI DEPOT,
DIST:HAVERI, PIN: 581106.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED
30.08.2018 PASSED IN MVC NO.805/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADGI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
- 3 -
MFA No.100253 of 2019
C/W MFA No.100254 of 2019,
MFA No.100255 of 2019,
MFA No.100256 of 2019,
MFA No.100257 of 2019
& MFA No.100258 of 2019
In MFA No.100255/2019:
BETWEEN:
SRI. LOKESH S/O. LINGAPPA HULLATTI,
AGE: 24 YEARS, OCC: AGRICULTURAL WORK,
R/O GUDDADABEVINAHALLI VILLAGE, TQ: BYADGI,
DIST: HAVERI, PIN: 581106.
… APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1.
THE DIVISIONAL CONTROLLER,
NWKRTC, HAVERI DIVISION,
HAVERI, PIN: 581110.
2.
THE DEPOT MANAGER,
NWKRTC, BYADGI DEPOT,
DIST:HAVERI, PIN: 581106.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED
30.08.2018 PASSED IN MVC NO.806/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADGI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
In MFA No.100256/2019:
BETWEEN:
SRI. MALLAPPA S/O. BASAPPA DESAI,
AGE: 38 YEARS, OCC: DRIVING WORK,
R/O MASANAGI VILLAGE, TQ: BYADGI,
DIST: HAVERI, PIN: 581106.
… APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
- 4 -
MFA No.100253 of 2019
C/W MFA No.100254 of 2019,
MFA No.100255 of 2019,
MFA No.100256 of 2019,
MFA No.100257 of 2019
& MFA No.100258 of 2019
AND:
1.
THE DIVISIONAL CONTROLLER,
NWKRTC, HAVERI DIVISION,
HAVERI, PIN: 581110.
2.
THE DEPOT MANAGER,
NWKRTC, BYADGI DEPOT,
DIST:HAVERI, PIN: 581106.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED
30.08.2018 PASSED IN MVC NO.807/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADGI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
In MFA No.100257/2019:
BETWEEN:
SRI. ULIVEPPA S/O. BASAPPA KURUVATTI,
AGE: 44 YEARS, OCC: AGRICULTURAL WORK,
R/O MASANAGI VILLAGE, TQ: BYADGI,
DIST: HAVERI, PIN: 581106.
… APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1.
THE DIVISIONAL CONTROLLER,
NWKRTC, HAVERI DIVISION,
HAVERI, PIN: 581110.
- 5 -
MFA No.100253 of 2019
C/W MFA No.100254 of 2019,
MFA No.100255 of 2019,
MFA No.100256 of 2019,
MFA No.100257 of 2019
& MFA No.100258 of 2019
2.
THE DEPOT MANAGER,
NWKRTC, BYADGI DEPOT,
DIST:HAVERI, PIN: 581106.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1 & R2)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED
30.08.2018 PASSED IN MVC NO.808/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADGI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
In MFA No.100258/2019:
BETWEEN:
SRI. NINGAPPA S/O. BASAPPA BANKAPUR,
AGE: 40 YEARS, OCC: AGRICULTURAL WORK,
R/O DEVIHOSUR VILLAGE, TQ: BYADGI,
DIST: HAVERI, PIN: 581106.
… APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1.
THE DIVISIONAL CONTROLLER,
NWKRTC, HAVERI DIVISION,
HAVERI, PIN: 581110.
2.
THE DEPOT MANAGER,
NWKRTC, BYADGI DEPOT,
DIST:HAVERI, PIN: 581106.
… RESPONDENTS
(BY SRI. S.C. BHUTI, ADVOCATE FOR R1 & R2)
- 6 -
MFA No.100253 of 2019
C/W MFA No.100254 of 2019,
MFA No.100255 of 2019,
MFA No.100256 of 2019,
MFA No.100257 of 2019
& MFA No.100258 of 2019
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES
ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED
30.08.2018 PASSED IN MVC NO.809/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BYADGI,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
Shri
S.C.
Bhuti,
learned
counsel
has
appeared for respondent Nos.1 and 2 in all these
cases. Hence, the names of Shri S.L. Desai, Shri F.S.
Dabali and Shri S.N. Goodwal be deleted from the
cause list.
It is not in dispute that when the claimants
were
traveling
in
the
KSRTC
bus,
an
accident
occurred, which resulted in grievous injuries to the
claimants.
3.
The Tribunal on assessment of the evidence
has
come
to
the
conclusion
that
the
accident
occurred due to the negligence on the part of the
- 7 -
driver of the KSRTC bus, it has proceeded to award
the following sums as compensation:
MFA No.100253/2019 (MVC No.804/2017)
Sl.
No.
Heads
Amount
(in Rs.)
Pain and suffering
Rs.25,000/-
Loss of amenities and future
unhappiness
Rs.20,000/-
3.
Loss of future earnings on account
of permanent disability
Rs.1,62,000/-
4.
Medical expenses
Rs.5,000/-
5.
Compensation towards loss of
income during laid up period
Rs.16,000/-
6.
Incidental expenses
Rs.10,000/-
TOTAL
Rs.2,38,000/-
MFA No.100254/2019 (MVC No.805/2017)
Sl.
No.
Heads
Amount
(in Rs.)
Pain and suffering
Rs.25,000/-
Loss of amenities and future
unhappiness
Rs.20,000/-
3.
Loss of future earnings on account
of permanent disability
Rs.1,51,200/-
4.
Medical expenses
Rs.5,000/-
5.
Compensation towards loss of
income during laid up period
Rs.16,000/-
6.
Incidental expenses
Rs.10,000/-
TOTAL
Rs.2,27,200/-
MFA No.100255/2019 (MVC No.806/2017)
Sl.
No.
Heads
Amount
(in Rs.)
Pain and suffering
Rs.25,000/-
- 8 -
Loss of amenities and future
unhappiness
Rs.20,000/-
3.
Loss of future earnings on account
of permanent disability
Rs.1,72,800/-
4.
Medical expenses
Rs.5,000/-
5.
Compensation towards loss of
income during laid up period
Rs.16,000/-
6.
Incidental expenses
Rs.10,000/-
TOTAL
Rs.2,48,800/-
MFA No.100256/2019 (MVC No.807/2017)
Sl.
No.
Heads
Amount
(in Rs.)
Pain and suffering
Rs.25,000/-
Loss of amenities and future
unhappiness
Rs.20,000/-
3.
Loss of future earnings on account
of permanent disability
Rs.1,62,000/-
4.
Medical expenses
Rs.5,000/-
5.
Compensation towards loss of
income during laid up period
Rs.16,000/-
6.
Incidental expenses
Rs.10,000/-
TOTAL
Rs.2,38,000/-
MFA No.100257/2019 (MVC No.808/2017)
Sl.
No.
Heads
Amount
(in Rs.)
Pain and suffering
Rs.25,000/-
Loss of amenities and future
unhappiness
Rs.20,000/-
3.
Loss of future earnings on account
of permanent disability
Rs.1,34,400/-
4.
Medical expenses
Rs.5,000/-
5.
Compensation towards loss of
income during laid up period
Rs.16,000/-
6.
Incidental expenses
Rs.10,000/-
TOTAL
Rs.2,10,400/-
- 9 -
MFA No.100258/2019 (MVC No.809/2017)
Sl.
No.
Heads
Amount
(in Rs.)
Pain and suffering
Rs.25,000/-
Loss of amenities and future
unhappiness
Rs.20,000/-
3.
Loss of future earnings on account
of permanent disability
Rs.1,44,000/-
4.
Medical expenses
Rs.5,000/-
5.
Compensation towards loss of
income during laid up period
Rs.16,000/-
6.
Incidental expenses
Rs.10,000/-
TOTAL
Rs.2,20,000/-
4.
In
all
these
cases,
the
Tribunal
has
considered the monthly income of the claimants at
Rs.8,000/-,
since
there
was
no
documentary
evidence.
5.
The accident is of the year 2016. Since
there was no documentary evidence to establish the
income of the claimants, the monthly income as
determined by the Karnataka State Legal Services
Authority, which for the year 2016 is a sum of
Rs.8,750/- per month, would have to be adopted in
all these cases.
- 10 -
6.
The nature of injuries suffered by the
claimant, assessment of disability by the Doctor and
the assessment of disability by the Tribunal is stated
in a tabular column for the sake of clarity:
MFA Nos.
(MVC Nos.)
Nature of injuries
Disability
assessed
by the
Doctor
Disability
determined
by the
Tribunal.
100253/2019
(804/2017)
i) Fracture of left humerous
bone; and
ii) Fracture of L4 & L5 vertibra.
45%
11.25%
100254/2019
(805/2017)
i)
Fracture of left radius bone;
and
ii) Fracture of left fibula bone.
35%
8.75%
100255/2019
(806/2017)
i)
Fracture
of
left
scapula
bone; and
ii) Fracture of left t
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